S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5006
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Labor
 
 AN  ACT  to amend the labor law, in relation to prevailing wage require-
   ments applicable to public works and construction  projects  performed
   under private contract
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 220 of the labor law is amended by
 adding a new paragraph m to read as follows:
   M. "PUBLIC WORKS" SHALL MEAN ALL FIXED WORKS CONSTRUCTED OR DEMOLISHED
 BY ANY PUBLIC BODY OR PAID FOR WHOLLY OR IN PART OUT  OF  PUBLIC  FUNDS.
 "PUBLIC  WORKS"  SHALL INCLUDE ALL PROJECTS FINANCED IN WHOLE OR IN PART
 WITH BONDS, GRANTS, LOANS, OR OTHER FUNDS MADE AVAILABLE BY  OR  THROUGH
 THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
   §  2.  Subdivision 1 and paragraph a of subdivision 2 of section 224-a
 of the labor law, as added by section 1 of part FFF of chapter 58 of the
 laws of 2020, are amended to read as follows:
   1. Subject to the provisions of this section, each  "covered  project"
 as  defined in this section shall be subject to prevailing wage require-
 ments in accordance with section two  hundred  twenty  and  two  hundred
 twenty-b  of  this  article. A "covered project" shall mean construction
 work done under contract which is paid for in whole or in  part  out  of
 public  funds  as such term is defined in this section [where the amount
 of all such public funds, when aggregated, is at least thirty percent of
 the total construction project costs and] where such project  costs  are
 over  five million dollars except as provided for by section two hundred
 twenty-four-c of this article.
   a. The payment of money, by a public entity, or a third  party  acting
 on  behalf  of and for the benefit of a public entity, directly to or on
 behalf of the contractor, subcontractor, developer or owner [that is not
 subject to repayment];
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09510-01-3