§ 816-B — Apprenticeship participation on certain governmental contracts

New York § 816-B

• Jurisdiction: New York
• Law LAB: Labor
• Art. 23: Apprenticeship Training

Text

* § 816-b. Apprenticeship participation on certain governmental\ncontracts. 1. For purposes of this section:\n (a) "governmental entity" shall mean the state, any state agency, as\nthat term is defined in section two-a of the state finance law,\nmunicipal corporation, commission appointed pursuant to law, school\ndistrict, district corporation, board of education, board of cooperative\neducational services, soil conservation district, and public benefit\ncorporation;\n (b) "construction contract" shall mean any contract to which a\ngovernmental entity may be a direct or indirect party which involves the\ndesign, construction, reconstruction, improvement, rehabilitation,\nmaintenance, repair, furnishing, equipping of or otherwise providing for\nany building, facility or physical structure of any kind; and\n (c) "city governmental entity" shall mean a governmental entity that\nis (i) a city with a population of one million or more inhabitants; or\n(ii) a city school district or public benefit corporation operating\nprimarily within a city with a population of one million or more\ninhabitants.\n 2. Notwithstanding any other provision of this article, of section one\nhundred three of the general municipal law, of section one hundred\nthirty-five of the state finance law, of section one hundred fifty-one\nof the public housing law, or of any other general, special or local law\nor administrative code, in entering into any construction contract, a\ngovernmental entity, including any city governmental entity, that is to\nbe a direct or indirect party to such contract may require that any\ncontractors and subcontractors have, prior to entering into such\ncontract, apprenticeship agreements appropriate for the type and scope\nof work to be performed, that have been registered with, and approved\nby, the commissioner pursuant to the requirements found in this article.\nA city governmental entity that is a direct or indirect party to a\ncontract may establish in its specifications a requirement that, in\nperforming the work, the contractor and its subcontractors utilize a\nminimum ratio of apprentices to journey-level workers, as established by\nthe governmental entity but subject to any maximum ratio established by\nthe department, for any classification appropriate for the type and\nscope of work to be performed, provided that no such minimum ratio shall\nbe established for labor performed pursuant to a construction contract.\nWhenever utilizing these requirements, the governmental entity may, in\naddition to whatever considerations are required by law, consider the\ndegree to which career opportunities in apprenticeship training programs\napproved by the commissioner may be provided.\n * NB Effective until May 15, 2029\n * § 816-b. Apprenticeship participation on construction contracts. 1.\nFor purposes of this section:\n (a) "governmental entity" shall mean the state, any state agency, as\nthat term is defined in section two-a of the state finance law,\nmunicipal corporation, commission appointed pursuant to law, school\ndistrict, district corporation, board of education, board of cooperative\neducational services, soil conservation district, and public benefit\ncorporation; and\n (b) "construction contract" shall mean any contract to which a\ngovernmental entity may be a direct or indirect party which involves the\ndesign, construction, reconstruction, improvement, rehabilitation,\nmaintenance, repair, furnishing, equipping of or otherwise providing for\nany building, facility or physical structure of any kind.\n 2. Notwithstanding any other provision of this article, of section one\nhundred three of the general municipal law, of section one hundred\nthirty-five of the state finance law, of section one hundred fifty-one\nof the public housing law, or of any other general, special or local law\nor administrative code, in entering into any construction contract, a\ngovernmental entity which is to be a direct or indirect party to such\ncontract may require that any contractors and subcontractors have, prior\nto entering into such contract, apprenticeship agreements appropriate\nfor the type and scope of work to be performed, that have been\nregistered with, and approved by, the commissioner pursuant to the\nrequirements found in this article. Whenever utilizing this requirement,\nthe governmental entity may, in addition to whatever considerations are\nrequired by law, consider the degree to which career opportunities in\napprenticeship training programs approved by the commissioner may be\nprovided.\n * NB Effective May 15, 2029\n