Economic Development Law Section 437
MWBE and prevailing wage requirements
1.For prevailing wage and minority and women-owned business enterprises requirements applicable to tax-free NY areas on state university campuses, city university campuses and community colleges, see Education Law § 361 (START-UP NY program leases)section three hundred sixty-one of the education law.
2.Any contract to which a business on a strategic state asset in a tax-free NY area is a party, and any contract entered into by a third party acting in place of, on behalf of and for the benefit of the business pursuant to any lease, permit or other agreement between such third party and the business, for the construction, reconstruction, demolition, excavation, rehabilitation, repair, renovation, alteration, or improvement, of a project, shall be subject to all of the provisions of article eight of the labor law, including the enforcement of prevailing wage requirements by the fiscal officer as defined in paragraph e of subdivision five of Labor Law § 220 (Hours, wages and supplements)section two hundred twenty of the labor law to the same extent as a contract of the state, and shall be deemed a public work for purposes of such article.
3.Any individual, public corporation or authority, private corporation, limited liability company or partnership or other entity entering into a contract, subcontract, lease, grant, bond, covenant or other agreement for a project undertaken on a strategic state asset in a tax-free NY area shall be deemed a state agency as that term is defined in article fifteen-A of the executive law and such contracts shall be deemed state contracts within the meaning of that term as set forth in such article.
4.A business on a strategic state asset in a tax-free NY area may require a contractor awarded a contract, subcontract, lease, grant, bond, covenant or other agreement for a project to enter into a project labor agreement pursuant to Labor Law § 222 (Project labor agreements)section two hundred twenty-two of the labor law during and for the work involved with such project when such requirement is part of the business’s request for proposals for the project and when the business determines that the record supporting the decision to enter into such an agreement establishes that the interests underlying the competitive bidding laws are best met by requiring a project labor agreement including: obtaining the best work at the lowest possible price; preventing favoritism, fraud and corruption; the impact of delay; the possibility of cost savings; and any local history of labor unrest.
5.For the purposes of this section “project” shall mean capital improvement work on a strategic state asset to be subject to any lease, transfer or conveyance, other than conveyance of title. Such capital improvement work shall include the design, construction, reconstruction, demolition, excavation, rehabilitation, repair, renovation, alteration or improvement of a strategic state asset.
Section 437 — MWBE and prevailing wage requirements,
https://www.nysenate.gov/legislation/laws/COM/437 (updated Sep. 22, 2014; accessed Dec. 2, 2023).