2021 New York Laws
LAB - Labor
Article 8 - Public Work
224-D - Wage Requirements for Certain Renewable Energy Systems.

* §  224-d. Wage requirements for certain renewable energy systems. 1.
  For purposes of this section, a "covered renewable energy system"  means
  a   renewable  energy  system,  as  such  term  is  defined  in  section
  sixty-six-p of the public service law, with a capacity of  greater  than
  five megawatts alternating current and which involves the procurement of
  renewable  energy credits by a public entity, or a third party acting on
  behalf and for the benefit of a public entity.
2. Notwithstanding the provisions of section two hundred twenty-four-a
  of this article, a covered renewable energy system 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
  renewable  energy  system  defined  in section sixty-six-p of the public
  service law which is not considered to be covered by this  section,  may
  still  otherwise  be  considered a "covered project" pursuant to section
  two hundred twenty-four-a of this article if it meets such definition.
3. For purposes of this section, a  covered  renewable  energy  system
  shall  exclude  construction  work performed under a pre-hire collective
  bargaining agreement between an owner or  contractor  and  a  bona  fide
  building and construction trade labor organization which has established
  itself,   and/or   its   affiliates,   as   the   collective  bargaining
  representative for all persons who will perform work on such a  project,
  and  which  provides that only contractors and subcontractors who sign a
  pre-negotiated agreement with the labor organization can perform work on
  such a project, or construction  work  performed  under  a  labor  peace
  agreement,  project  labor  agreement,  or  any  other construction work
  performed under an enforceable agreement between an owner or  contractor
  and a bona fide building and construction trade labor organization.
4.  For purposes of this section, the "fiscal officer" shall be deemed
  to be the commissioner. The enforcement of any covered renewable  energy
  system  pursuant to 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,  and  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  renewable energy system as otherwise
  being considered public work pursuant to this article.
5. 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.
6.  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 on
  covered renewable energy systems 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.
7. 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-two, and annually thereafter, on  the  participation

  of  minority and women-owned business enterprises in relation to covered
  renewable energy systems subject to the provisions of  this  section  as
  well  as  the  diversity  practices  of  contractors  and subcontractors
  employing laborers, workers, and mechanics 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  renewable
  energy system. 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.
* NB Effective October 1, 2021