N.Y.
Labor Law Section 816-B
Apprenticeship participation on construction contracts
1.
For purposes of this section:(a)
“governmental entity” shall mean the state, any state agency, as that term is defined in State Finance Law § 2-A (Additional definitions)section two-a of the state finance law, municipal corporation, commission appointed pursuant to law, school district, district corporation, board of education, board of cooperative educational services, soil conservation district, and public benefit corporation; and(b)
“construction contract” shall mean any contract to which a governmental entity may be a direct or indirect party which involves the design, construction, reconstruction, improvement, rehabilitation, maintenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind.2.
Notwithstanding any other provision of this article, of General Municipal Law § 103 (Advertising for bids and offers)section one hundred three of the general municipal law, of State Finance Law § 135 (Separate specifications for contract work for the state)section one hundred thirty-five of the state finance law, of Public Housing Law § 151 (Authority construction contracts, cancellation of contracts, disqualification to contract with authority, statement of non-collusion in b...)section one hundred fifty-one of the public housing law, or of any other general, special or local law or administrative code, in entering into any construction contract, a governmental entity which is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, prior to entering into such contract, apprenticeship agreements appropriate for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article. Whenever utilizing this requirement, the governmental entity may, in addition to whatever considerations are required by law, consider the degree to which career opportunities in apprenticeship training programs approved by the commissioner may be provided. * NB Effective until May 15, 2024 * § 816-b. Apprenticeship participation on certain governmental contracts.1.
For purposes of this section:(a)
“governmental entity” shall mean the state, any state agency, as that term is defined in State Finance Law § 2-A (Additional definitions)section two-a of the state finance law, municipal corporation, commission appointed pursuant to law, school district, district corporation, board of education, board of cooperative educational services, soil conservation district, and public benefit corporation;(b)
“construction contract” shall mean any contract to which a governmental entity may be a direct or indirect party which involves the design, construction, reconstruction, improvement, rehabilitation, maintenance, repair, furnishing, equipping of or otherwise providing for any building, facility or physical structure of any kind; and(c)
“city governmental entity” shall mean a governmental entity that is (i) a city with a population of one million or more inhabitants; or(ii)
a city school district or public benefit corporation operating primarily within a city with a population of one million or more inhabitants.2.
Notwithstanding any other provision of this article, of General Municipal Law § 103 (Advertising for bids and offers)section one hundred three of the general municipal law, of State Finance Law § 135 (Separate specifications for contract work for the state)section one hundred thirty-five of the state finance law, of Public Housing Law § 151 (Authority construction contracts, cancellation of contracts, disqualification to contract with authority, statement of non-collusion in b...)section one hundred fifty-one of the public housing law, or of any other general, special or local law or administrative code, in entering into any construction contract, a governmental entity, including any city governmental entity, that is to be a direct or indirect party to such contract may require that any contractors and subcontractors have, prior to entering into such contract, apprenticeship agreements appropriate for the type and scope of work to be performed, that have been registered with, and approved by, the commissioner pursuant to the requirements found in this article. A city governmental entity that is a direct or indirect party to a contract may establish in its specifications a requirement that, in performing the work, the contractor and its subcontractors utilize a minimum ratio of apprentices to journey-level workers, as established by the governmental entity but subject to any maximum ratio established by the department, for any classification appropriate for the type and scope of work to be performed, provided that no such minimum ratio shall be established for labor performed pursuant to a construction contract. Whenever utilizing these requirements, the governmental entity may, in addition to whatever considerations are required by law, consider the degree to which career opportunities in apprenticeship training programs approved by the commissioner may be provided. * NB Effective May 15, 2024 until May 15, 2029 * § 816-b
Source:
Section 816-B — Apprenticeship participation on construction contracts, https://www.nysenate.gov/legislation/laws/LAB/816-B (updated Nov. 26, 2023; accessed Oct. 26, 2024).
