§ 224-E — Wage requirements for certain broadband projects

§ 224-e. Wage requirements for certain broadband projects. 1. For\npurposes of this section, a "covered broadband project" means a\nbroadband project funded by programs established pursuant to\nsubdivisions seven and eight of section sixteen-gg of the New York state\nurban development corporation act.\n 2. Notwithstanding the provisions of section two hundred twenty-four-a\nof this article, a covered broadband project shall be subject to\nprevailing wage requirements in accordance with sections two hundred\ntwenty and two hundred twenty-b of this article, provided that a covered\nbroadband project may still otherwise be considered a covered project\npursuant to section two hundred twenty-four-a of this article if it\nmeets the definition therein.\n 3. For purposes of this section, the "fiscal officer" shall be deemed\nto be the commissioner. The enforcement of any covered broadband project\nunder this section shall be subject to the requirements of sections two\nhundred twenty, two hundred twenty-a, two hundred twenty-b, two hundred\ntwenty-three, two hundred twenty-four-b of this article, and section two\nhundred twenty-seven of this chapter and within the jurisdiction of the\nfiscal officer; provided, however, nothing contained in this section\nshall be deemed to construe any covered broadband project as otherwise\nbeing considered public work pursuant to this article.\n 4. The fiscal officer may issue rules and regulations governing the\nprovisions of this section. Violations of this section shall be grounds\nfor determinations and orders pursuant to section two hundred twenty-b\nof this article.\n 5. Each owner and developer subject to the requirements of this\nsection shall comply with the objectives and goals of certified minority\nand women-owned business enterprises pursuant to article fifteen-A of\nthe executive law and certified service-disabled veteran-owned\nbusinesses pursuant to article seventeen-B of the executive law. The\ndepartment in consultation with the directors of the division of\nminority and women's business development and of the division of\nservice-disabled veterans' business development shall make training and\nresources available to assist minority and women-owned business\nenterprises and service-disabled veteran-owned business enterprises\nundertaking covered broadband projects to achieve and maintain\ncompliance with prevailing wage requirements. The department shall make\nsuch training and resources available online and shall afford minority\nand women-owned business enterprises and service-disabled veteran-owned\nbusiness enterprises an opportunity to submit comments on such training.\n 6. (a) The fiscal officer shall report to the governor, the temporary\npresident of the senate, and the speaker of the assembly by July first,\ntwo thousand twenty-three and annually thereafter, on the participation\nof minority and women-owned business enterprises undertaking covered\nbroadband projects subject to the provisions of this section as well as\nthe diversity practices of contractors and subcontractors employing\nworkers on such projects.\n (b) Such reports shall include aggregated data on the utilization and\nparticipation of minority and women-owned business enterprises, the\nemployment of minorities and women in construction-related jobs on such\nprojects, and the commitment of contractors and subcontractors on such\nprojects to adopting practices and policies that promote diversity\nwithin the workforce. The reports shall also examine the compliance of\ncontractors and subcontractors with other equal employment opportunity\nrequirements and anti-discrimination laws, in addition to any other\nemployment practices deemed pertinent by the commissioner.\n (c) The fiscal officer may require any owner or developer to disclose\ninformation on the participation of minority and women-owned business\nenterprises and the diversity practices of contractors and\nsubcontractors involved in the performance of any covered broadband\nproject. It shall be the duty of the fiscal officer to consult and to\nshare such information in order to effectuate the requirements of this\nsection.\n