N.Y.
Labor Law Section 224-E
Wage requirements for certain broadband projects
1.
For purposes of this section, a “covered broadband project” means a broadband project funded by programs established pursuant to subdivisions seven and eight of section sixteen-gg of the New York state urban development corporation act.2.
Notwithstanding the provisions of § 224-A (Prevailing wage requirements applicable to construction projects performed under private contract)section two hundred twenty-four-a of this article, a covered broadband project shall be subject to prevailing wage requirements in accordance with sections two hundred twenty and two hundred twenty-b of this article, provided that a covered broadband project may still otherwise be considered a covered project pursuant to § 224-A (Prevailing wage requirements applicable to construction projects performed under private contract)section two hundred twenty-four-a of this article if it meets the definition therein.3.
For purposes of this section, the “fiscal officer” shall be deemed to be the commissioner. The enforcement of any covered broadband project under this section shall be subject to the requirements of sections two hundred twenty, two hundred twenty-a, two hundred twenty-b, two hundred twenty-three, two hundred twenty-four-b of this article, and § 227 (Enforcement of the provisions of this article)section two hundred twenty-seven of this chapter and within the jurisdiction of the fiscal officer; provided, however, nothing contained in this section shall be deemed to construe any covered broadband project as otherwise being considered public work pursuant to this article.4.
The fiscal officer may issue rules and regulations governing the provisions of this section. Violations of this section shall be grounds for determinations and orders pursuant to section two hundred twenty-b of this article.5.
Each owner and developer subject to the requirements of this section shall comply with the objectives and goals of certified minority and women-owned business enterprises pursuant to article fifteen-A of the executive law and certified service-disabled veteran-owned businesses pursuant to article seventeen-B of the executive law. The department in consultation with the directors of the division of minority and women’s business development and of the division of service-disabled veterans’ business development shall make training and resources available to assist minority and women-owned business enterprises and service-disabled veteran-owned business enterprises undertaking covered broadband projects to achieve and maintain compliance with prevailing wage requirements. The department shall make such training and resources available online and shall afford minority and women-owned business enterprises and service-disabled veteran-owned business enterprises an opportunity to submit comments on such training.6.
(a) The fiscal officer shall report to the governor, the temporary president of the senate, and the speaker of the assembly by July first, two thousand twenty-three and annually thereafter, on the participation of minority and women-owned business enterprises undertaking covered broadband projects subject to the provisions of this section as well as the diversity practices of contractors and subcontractors employing workers on such projects.(b)
Such reports shall include aggregated data on the utilization and participation of minority and women-owned business enterprises, the employment of minorities and women in construction-related jobs on such projects, and the commitment of contractors and subcontractors on such projects to adopting practices and policies that promote diversity within the workforce. The reports shall also examine the compliance of contractors and subcontractors with other equal employment opportunity requirements and anti-discrimination laws, in addition to any other employment practices deemed pertinent by the commissioner.(c)
The fiscal officer may require any owner or developer to disclose information on the participation of minority and women-owned business enterprises and the diversity practices of contractors and subcontractors involved in the performance of any covered broadband project. It shall be the duty of the fiscal officer to consult and to share such information in order to effectuate the requirements of this section.
Source:
Section 224-E — Wage requirements for certain broadband projects, https://www.nysenate.gov/legislation/laws/LAB/224-E (updated Apr. 22, 2022; accessed Apr. 20, 2024).
