§ 224-F — Wage requirements for certain climate risk-related and energy transition projects

* § 224-f. Wage requirements for certain climate risk-related and\nenergy transition projects. 1. For purposes of this section, a "covered\nclimate risk-related and energy transition project" means a construction\nproject that receives at least one hundred thousand dollars of funds\nfrom the New York climate action fund climate investment account\nestablished pursuant to section ninety-nine-qq of the state finance law\nor the climate change adaptation fund established pursuant to section\nninety-seven-m of the state finance law.\n 2. A covered climate risk-related and energy transition project shall\nbe subject to prevailing wage requirements in accordance with sections\ntwo hundred twenty, two hundred twenty-a, two hundred twenty-b, two\nhundred twenty-i, two hundred twenty-three, and two hundred\ntwenty-four-b of this article, provided that a covered climate\nrisk-related and energy transition project may still otherwise be\nconsidered a covered project pursuant to section two hundred twenty or\ntwo hundred twenty-four-a of this article if it meets the definition\ntherein.\n 3. For purposes of this section, a covered climate risk-related and\nenergy transition project shall exclude:\n a. Privately owned construction work performed under a pre-hire\ncollective bargaining agreement between an owner or developer and a bona\nfide building and construction trades labor organization which has\nestablished itself, and/or its affiliates, as the collective bargaining\nrepresentative for all persons who will perform work on such a project,\nand which provides that only contractors and subcontractors who sign a\npre-negotiated agreement with the labor organization can perform work on\nsuch a project; or\n b. Construction work on one- or two-family dwellings where the\nproperty is the owner's primary residence, or construction work\nperformed on property where the owner of the property owns no more than\nfour dwelling units; or\n c. Construction work performed on a multiple residence and/or\nancillary amenities or installations that is wholly privately owned in\nany of the following circumstances:\n (i) where no less than twenty-five percent of the residential units\nare affordable and shall be retained subject to an anticipated\nregulatory agreement with a local, state, or federal governmental\nentity, or a not-for-profit entity with an anticipated formal agreement\nwith a local, state, or federal governmental entity for purposes of\nproviding affordable housing in a given locality or region provided that\nthe period of affordability for a residential unit deemed affordable\nunder the provisions of this paragraph shall be for no less than fifteen\nyears from the date of construction; or\n (ii) where no less than thirty-five percent of the residential units\ninvolves the provision of supportive housing services for vulnerable\npopulations provided that such units are subject to an anticipated\nregulatory agreement with a local, state, or federal governmental\nentity.\n 4. As a condition of receiving funds from the New York climate action\nfund climate investment account established pursuant to section\nninety-nine-qq of the state finance law or from the climate change\nadaptation fund established pursuant to section ninety-seven-m of the\nstate finance law for a covered climate risk-related and energy\ntransition project, the owner or developer of such covered climate\nrisk-related and energy transition project, or a third party acting on\nsuch owner's or developer's behalf, shall agree to enter into a labor\npeace agreement with at least one bona fide labor organization either:\n a. where such bona fide labor organization is actively representing\nnon-construction employees who will be working within the covered\nclimate risk-related and energy transition project once built; or\n b. upon notice by a bona fide labor organization that is attempting to\nrepresent such non-construction employees.\n 5. For purposes of this section "labor peace agreement" means an\nagreement between an owner and/or developer and labor organization that,\nat a minimum, protects the state's proprietary interests by prohibiting\nlabor organizations and members from engaging in picketing, work\nstoppages, boycotts, and any other economic interference.\n 6. The owner or developer using funds from the New York climate action\nfund climate investment account established pursuant to section\nninety-nine-qq of the state finance law or from the climate change\nadaptation fund established pursuant to section ninety-seven-m of the\nstate finance law for a covered climate risk-related and energy\ntransition project pursuant to this section shall:\n a. require the use of apprenticeship agreements as defined by article\ntwenty-three of this chapter; or for industries without apprenticeship\nprograms, require the use of workforce training, preferably in\nconjunction with a bona fide labor organization; and\n b. consider use of registered pre-apprenticeship direct entry programs\nfor the recruitment of local and/or disadvantaged workers.\n 7. For purposes of this section, the "fiscal officer" shall be deemed\nto be the commissioner. The enforcement of any covered climate\nrisk-related and energy transition project under this section shall be\nsubject to the requirements of sections two hundred twenty, two hundred\ntwenty-a, two hundred twenty-b, two hundred twenty-i, 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 climate risk-related and energy\ntransition project as otherwise being considered public work pursuant to\nthis article.\n 8. 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 9. For any building service work on a covered climate risk-related and\nenergy transition project, prevailing wage shall be paid consistent with\narticle nine of this chapter.\n 10. Any public entity receiving at least five million dollars in funds\nfrom the New York climate action fund climate investment account\nestablished pursuant to section ninety-nine-qq of the state finance law\nor from the climate change adaptation fund established pursuant to\nsection ninety-seven-m of the state finance law for a project which\ninvolves the construction, reconstruction, alteration, maintenance,\nmoving, demolition, excavation, development or other improvement of any\nbuilding, structure or land, shall be subject to section two hundred\ntwenty-two of this article.\n * NB There are 2 § 224-f's\n