N.Y.
Labor Law Section 224-C
Public subsidy board
1.
A board on public subsidies, hereinafter “the board”, is hereby created, to consist of thirteen members. The thirteen members shall be appointed by the governor as follows: one member upon the recommendation of the temporary president of the senate, one member upon the recommendation of the speaker of the assembly, the commissioner, the president of the empire state development corporation, the director of the division of the budget, two members representing employees in the construction industry, of whom one shall be a representative of the largest statewide trade labor association representing building and construction workers, and one shall be a representative of the largest trade labor association representing building and construction workers with membership in New York City, and two members representing employers in the construction industry, of whom one shall be a representative of the largest statewide organization representing building owners and developers, either for-profit or not-for-profit, and one shall be a representative of a statewide organization representing building owners and developers, either for-profit or not-for-profit, representing a region different than the region primarily represented by the initial employer representative. The commissioner shall act as the chair. The members shall serve at the pleasure of the authority recommending, designating, or otherwise appointing such member and shall serve without salary or compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.2.
The board shall meet on an as needed basis and shall have the power to conduct public hearings. The board may also consult with employers and employees, and their respective representatives, in the construction industry and with such other persons, including the commissioner, as it shall determine. No public officer or employee appointed to the board shall forfeit any position or office by virtue of appointment to such board. Any proceedings of the board which relate to a particular individual or project shall be confidential.3.
The board may examine and make recommendations regarding the following:(a)
the minimum threshold percentage of public funds set forth in subdivision one of § 224-A (Prevailing wage requirements applicable to construction projects performed under private contract)section two hundred twenty-four-a of this article, but no lower than that which is set forth in such subdivision;(b)
the minimum dollar threshold of projects set forth in subdivision one of § 224-A (Prevailing wage requirements applicable to construction projects performed under private contract)section two hundred twenty-four-a of this article, but no lower than that which is set forth in such subdivision;(c)
construction work excluded as a covered project, as set forth in subparagraphs (i), (ii) and (iii) of paragraph c of subdivision four of § 224-A (Prevailing wage requirements applicable to construction projects performed under private contract)section two hundred twenty-four-a of this article;(d)
the definition of construction for purposes of § 224-A (Prevailing wage requirements applicable to construction projects performed under private contract)section two hundred twenty-four-a of this article; or(e)
particular instances of benefits, monies or credits as to whether or not they should constitute public funds.4.
Prior to making any recommendation intended to apply to all projects, the board shall hold a public hearing. The board shall announce each public hearing at least fifteen days in advance. The announcement shall contain an agenda of the topics the board will discuss. At each hearing, the board may hear testimony and/or review written documents from any interested stakeholders related to the planned agenda of the meeting. The board shall make any such recommendations in writing. In making its recommendations, the board shall examine the impact of such thresholds and circumstances on private development in light of available public subsidies, existing labor market conditions, prevailing wage and supplement practices, and shall consider the extent to which adjustments to such thresholds and circumstances could ameliorate adverse impacts, if any, or expand opportunities for prevailing wage and supplement standards on publicly subsidized private construction projects in any region or regions of the state.5.
The board shall be empowered to issue binding determinations to any public entity, or any private or not-for-profit owner or developer as to any particular matter related to an existing or potential covered project. In such instances the board shall make a determination based upon documents, or testimony, or both in its sole discretion. Any such proceedings shall be confidential, except that publication of such decisions shall be made available on the department’s website, subject to redaction or confidentiality as the board shall deem warranted in accordance with any applicable federal or state statutory or regulatory requirement governing confidentiality and personal privacy.6.
Any recommendation rendered by the board pursuant to this section shall be subject to the provisions of article seventy-eight of the civil practice law and rules.7.
In the event that the board finds that there is or likely would be a significant negative economic impact of implementing the prevailing wage requirements provided for in § 224-A (Prevailing wage requirements applicable to construction projects performed under private contract)section two hundred twenty-four-a of this article, the board may temporarily delay the implementation of such requirements beyond January first, two thousand twenty-two. Such a delay may be effective statewide or effective only in a region of the state as defined by the regional economic development councils. In making such a determination to delay, the board shall consult the department, the department’s division of research and statistics, the United States department of labor, the federal reserve bank of New York and other economic experts. The board will reference well-established economic indexes and accepted economic factors tied to the construction industry, including but not limited to construction industry employment, wages, and overall construction activity.
Source:
Section 224-C — Public subsidy board, https://www.nysenate.gov/legislation/laws/LAB/224-C (updated Apr. 9, 2021; accessed Apr. 20, 2024).
