S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8418
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2019
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN ACT to amend the labor law, in relation to prevailing  wage  require-
   ments, stop-work orders and annual reports by apprenticeship programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section  224-a  to
 read as follows:
   §  224-A.  PREVAILING  WAGE  REQUIREMENTS  APPLICABLE  TO CONSTRUCTION
 PROJECTS PERFORMED UNDER PRIVATE CONTRACT.
   1. SUBJECT TO THE PROVISIONS OF THIS SECTION, ALL  "COVERED  PROJECTS"
 AS  DEFINED IN THIS SECTION SHALL BE SUBJECT TO PREVAILING WAGE REQUIRE-
 MENTS IN ACCORDANCE WITH SECTION TWO HUNDRED TWENTY OF THIS  ARTICLE.  A
 "COVERED PROJECT" SHALL MEAN ANY OF THE FOLLOWING:
   A.  CONSTRUCTION WORK PERFORMED UNDER PRIVATE CONTRACT ON PROPERTY, OR
 A PORTION OF THE PROPERTY, WHEN ALL OF THE FOLLOWING CONDITIONS EXIST:
   (I) THE CONSTRUCTION CONTRACT IS BETWEEN PRIVATE PARTIES;
   (II) THE PROPERTY IS PRIVATELY OWNED, AND THE PROPERTY, OR PORTION  OF
 THE  PROPERTY  IS  LEASED OR WILL BE LEASED TO ANY PUBLIC ENTITY, AND AT
 LEAST ONE OF THE FOLLOWING CONDITIONS EXIST:
   (1) THE PUBLIC ENTITY ENTERED INTO OR BARGAINED FOR THE  LEASE  AGREE-
 MENT PRIOR TO THE CONSTRUCTION CONTRACT; OR
   (2)  THE CONSTRUCTION WORK IS PERFORMED ACCORDING TO PLANS, SPECIFICA-
 TIONS, OR CRITERIA FURNISHED BY THE PUBLIC ENTITY, AND THE LEASE  AGREE-
 MENT  BETWEEN  THE  LESSOR AND PUBLIC ENTITY, AS LESSEE, IS ENTERED INTO
 DURING, OR UPON COMPLETION OF, THE CONSTRUCTION WORK;
   B. CONSTRUCTION WORK PERFORMED ON PROPERTY OWNED BY A PUBLIC ENTITY IN
 WHOLE OR IN PART OR WILL BE OWNED OR MAINTAINED BY A  PUBLIC  ENTITY  IN
 WHOLE OR IN PART UPON COMPLETION OF THE PROJECT;
   C.  CONSTRUCTION  WORK  PERFORMED UNDER PRIVATE CONTRACT WHICH IS PAID
 FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS AS DEFINED IN THIS  SECTION;
 OR
   D.  CONSTRUCTION  WORK  PERFORMED UNDER PRIVATE CONTRACT WHICH IS PAID
 FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS, AND WHICH IS DEEMED TO  NOT
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04725-10-9

 A. 8418                             2
 
 BE  A  COVERED PROJECT PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, BUT
 THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED, IS AT LEAST THIRTY
 PERCENT OF THE TOTAL PROJECT COSTS.
   2.  FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
 PUBLIC FUNDS" SHALL MEAN ANY OF THE FOLLOWING:
   A. THE PAYMENT OF MONEY OR THE  EQUIVALENT  OF  MONEY,  INCLUDING  THE
 ISSUANCE OF BONDS OR GRANTS, BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING
 ON BEHALF OF AND FOR THE BENEFIT OF THE PUBLIC ENTITY, DIRECTLY TO OR ON
 BEHALF OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER;
   B. TRANSFER BY A PUBLIC ENTITY OF AN ASSET OF VALUE FOR LESS THAN FAIR
 MARKET VALUE;
   C.  FEES,  COSTS,  RENTS, LOANS, INSURANCE, TAX CREDITS, INCLUDING TAX
 ABATEMENTS, TAX EXEMPTIONS, OR ANY OTHER FINANCIAL OBLIGATION THAT WOULD
 NORMALLY BE REQUIRED IN THE EXECUTION OF THE  PROJECT,  THAT  ARE  PAID,
 CHARGED  AT LESS THAN FAIR MARKET VALUE, REDUCED, WAIVED, OR FORGIVEN BY
 THE STATE OR PUBLIC ENTITY;
   D. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
 GENT BASIS; OR
   E. CREDITS THAT ARE APPLIED BY THE  PUBLIC  ENTITY  AGAINST  REPAYMENT
 OBLIGATIONS TO THE PUBLIC ENTITY.
   3.  FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT OF
 PUBLIC FUNDS" SHALL NOT INCLUDE:
   A. BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL  PROP-
 ERTY TAX LAW; OR
   B.  FUNDS OTHERWISE PROVIDED FOR IN THIS SECTION THAT ARE NOT DIRECTLY
 PROVIDED FOR IN ORDER TO PRIMARILY PROMOTE, INCENTIVIZE, OR ENSURE  THAT
 CONSTRUCTION WORK IS PERFORMED.
   4.  FOR  PURPOSES  OF THIS SECTION "COVERED PROJECT" SHALL NOT INCLUDE
 ANY OF THE FOLLOWING:
   A. CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPERTY
 IS THE OWNER'S PRIMARY RESIDENCE, CONSTRUCTION WORK PERFORMED ON PROPER-
 TY WHERE THE OWNER OF THE PROPERTY  OWNS  NO  MORE  THAN  FOUR  DWELLING
 UNITS, OR CONSTRUCTION WORK PERFORMED IN A CITY WITH A POPULATION OF ONE
 MILLION OR MORE THAT CONTAINS SEVEN OR FEWER DWELLING UNITS;
   B.  CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NOT-FOR-PROFIT
 AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT  CORPORATION
 LAW  WHERE  THE  NOT-FOR-PROFIT  HAS GROSS ANNUAL REVENUE LESS THAN FIVE
 MILLION DOLLARS;
   C. CONSTRUCTION WORK PERFORMED ON  A  MULTIPLE  DWELLING  OR  MULTIPLE
 RESIDENCE  THAT  IS  WHOLLY  PRIVATELY  OWNED  WHERE NO LESS THAN THIRTY
 PERCENT OF THE RESIDENTIAL UNITS ARE SUBJECT TO A  REGULATORY  AGREEMENT
 WITH  A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY; PROVIDED, HOWEVER,
 THAT THE PERIOD OF AFFORDABILITY FOR A RESIDENTIAL UNIT DEEMED  AFFORDA-
 BLE  UNDER  THE  PROVISIONS  OF THIS PARAGRAPH SHALL BE FOR NO LESS THAN
 THIRTY YEARS FROM THE DATE OF CONSTRUCTION; OR
   D. 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  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.
   5.  FOR  PURPOSES  OF THIS SECTION, A "COVERED PROJECT" SHALL ALSO NOT
 INCLUDE ANY OF THE FOLLOWING:
   A. CONSTRUCTION WORK PERFORMED PURSUANT TO AN AGREEMENT WITH AN INDUS-
 TRIAL DEVELOPMENT AGENCY, A  LOCAL  DEVELOPMENT  CORPORATION,  OR  OTHER

 A. 8418                             3
 
 SIMILAR  LOCAL ENTITY WHERE THE NET BENEFIT OF THE PUBLIC FUNDS RECEIVED
 IS LESS THAN THE THRESHOLD SET BY THE DEPARTMENT AS PROVIDED IN SUBDIVI-
 SION THIRTEEN OF THIS SECTION;
   B.  CONSTRUCTION  WORK  PERFORMED  ON  A PROJECT CERTIFIED UNDER TITLE
 FOURTEEN OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION  LAW,
 WHERE THE TOTAL AMOUNT OF SUCH PUBLIC FUNDS OVER THE LIFE OF THE PROJECT
 IS  LESS THAN SEVEN MILLION DOLLARS IN THE COUNTIES OF BRONX, KINGS, NEW
 YORK, QUEENS, AND RICHMOND; LESS THAN THREE MILLION DOLLARS IN THE COUN-
 TIES OF NASSAU, SUFFOLK  AND  WESTCHESTER;  OR  LESS  THAN  ONE  MILLION
 DOLLARS IN THE REST OF THE STATE;
   C.  CONSTRUCTION  WORK PERFORMED ON A PROJECT WHERE THE NET BENEFIT OF
 PUBLIC FUNDS OVER THE LIFE OF THE PROJECT IS  LESS  THAN  THREE  MILLION
 DOLLARS IN THE COUNTIES OF BRONX, KINGS, NEW YORK, QUEENS, AND RICHMOND;
 LESS  THAN  ONE MILLION FIVE HUNDRED THOUSAND DOLLARS IN THE COUNTIES OF
 NASSAU, SUFFOLK AND WESTCHESTER; OR  LESS  THAN  FIVE  HUNDRED  THOUSAND
 DOLLARS IN THE REST OF THE STATE;
   D. CONSTRUCTION WORK PERFORMED FOR THE PURPOSES OF INSTALLATION, RENO-
 VATION, OR REPAIR OF A COMMUNITY DISTRIBUTED GENERATION PROJECT. FOR THE
 PURPOSES  OF  THIS  SECTION  A  COMMUNITY DISTRIBUTED GENERATION PROJECT
 SHALL MEAN A PROJECT TO CONSTRUCT, MAINTAIN, ALTER, OR OTHERWISE OPERATE
 A PHOTOVOLTAIC SYSTEM WITH A RATED CAPACITY OF NOT MORE THAN FIVE  MEGA-
 WATTS  ALTERNATING  CURRENT THAT IS CONNECTED TO THE ELECTRIC SYSTEM AND
 OPERATED IN CONJUNCTION WITH AN ELECTRIC CORPORATION'S TRANSMISSION  AND
 DISTRIBUTION  FACILITIES,  FOR  WHICH  PARTICIPATING  ELECTRIC CUSTOMERS
 RECEIVE A BILL CREDIT FOR THE ELECTRICITY GENERATED IN PROPORTION TO THE
 SIZE OF THEIR INTEREST IN THE FACILITY, WITH AT LEAST SIXTY  PERCENT  OF
 THE FACILITY'S PRODUCTION ALLOCATED TO PARTICIPATING CUSTOMERS IN INCRE-
 MENTS  OF  TWENTY-FIVE  KILOWATTS  OR LESS, PROVIDED THAT SUCH A PROJECT
 RECEIVES NO MORE THAN SEVEN MILLION FIVE  HUNDRED  THOUSAND  DOLLARS  IN
 PUBLIC FUNDS;
   E.  CONSTRUCTION  WORK PERFORMED PURSUANT TO FINANCING PROVIDED BY TAX
 EXEMPT BONDS OR NOTES ISSUED BY A PUBLIC ENTITY FOR THE BENEFIT  OF  ANY
 PRIVATE,  NOT-FOR-PROFIT COLLEGE CHARTERED BY THE REGENTS OF THE UNIVER-
 SITY OF THE STATE OF NEW YORK OR A  PRIVATE,  NOT-FOR-PROFIT  UNIVERSITY
 CHARTERED  BY  THE  REGENTS  OF THE UNIVERSITY OF THE STATE OF NEW YORK,
 INCLUDING BONDS OR NOTES ISSUED BY  AN  INDUSTRIAL  DEVELOPMENT  AGENCY,
 LOCAL  DEVELOPMENT  CORPORATION,  OR  OTHER  SIMILAR LOCAL ENTITY UNLESS
 OTHERWISE PROVIDED BY LAW. HOWEVER, NOTHING IN THIS PARAGRAPH  SHALL  BE
 DEEMED TO EXCLUDE CONSTRUCTION WORK THAT IS PAID FOR IN WHOLE OR IN PART
 OUT OF PUBLIC FUNDS OTHER THAN THOSE EXCLUDED BY THIS PARAGRAPH;
   F.  CONSTRUCTION  WORK  PERFORMED  UNDER  PRIVATE CONTRACT PURSUANT TO
 FINANCING PROVIDED BY TAX EXEMPT BONDS OR NOTES ISSUED BY A PUBLIC ENTI-
 TY FOR THE BENEFIT OF A HOSPITAL, NURSING HOME,  OR  RESIDENTIAL  HEALTH
 CARE  FACILITY  AS SUCH TERMS ARE DEFINED IN ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW OR FOR THE BENEFIT OF A FACILITY OR INSTITUTION CERTI-
 FIED UNDER ARTICLE THIRTY-ONE OF THE  MENTAL  HYGIENE  LAW,  TAX  EXEMPT
 BONDS  OR  NOTES ISSUED BY A PUBLIC ENTITY FOR THE BENEFIT OF A NOT-FOR-
 PROFIT CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-
 PROFIT CORPORATION LAW FOR PURPOSES OF PROVIDING ASSISTED  LIVING,  HOME
 CARE  OR  HOSPICE SERVICES LICENSED OR CERTIFIED UNDER THE PUBLIC HEALTH
 LAW OR SOCIAL SERVICES LAW OR SERVICES THAT ARE  LICENSED  OR  CERTIFIED
 UNDER  THE  MENTAL  HYGIENE  LAW,  INCLUDING BONDS OR NOTES ISSUED BY AN
 INDUSTRIAL DEVELOPMENT AGENCY, LOCAL DEVELOPMENT CORPORATION,  OR  OTHER
 SIMILAR  LOCAL  ENTITY UNLESS OTHERWISE PROVIDED BY LAW. NOTHING IN THIS
 PARAGRAPH SHALL BE DEEMED TO EXCLUDE CONSTRUCTION WORK THAT IS PAID  FOR

 A. 8418                             4
 
 IN  WHOLE  OR  IN  PART OUT OF PUBLIC FUNDS OTHER THAN THOSE EXCLUDED BY
 THIS PARAGRAPH;
   G.  CONSTRUCTION  WORK  PERFORMED ON: (I) AN OWNER-OCCUPIED "QUALIFIED
 HISTORIC HOME" PURSUANT TO SUBSECTION (PP) OF SECTION SIX HUNDRED SIX OF
 THE TAX  LAW;  OR  (II)  A  CERTIFIED  HISTORIC  STRUCTURE  PURSUANT  TO
 SUBSECTION  (OO) OF SECTION SIX HUNDRED SIX OF THE TAX LAW AND THE TOTAL
 AMOUNT OF SUCH PUBLIC FUNDS OVER THE LIFE OF THE PROJECT ARE NO  GREATER
 THAN FIVE MILLION DOLLARS; OR
   H.  CONSTRUCTION  WORK  PERFORMED ON ANY PORTION OF AN EXISTING OR NEW
 BUILDING IN WHICH PROPERTY IS LEASED BY A PUBLIC ENTITY, OR CONSTRUCTION
 WORK PERFORMED ON AN EXISTING BUILDING HELD IN  A  CONDOMINIUM  FORM  OF
 OWNERSHIP  OR  BY  A  COOPERATIVE CORPORATION IN WHICH THE PUBLIC ENTITY
 POSSESSES SHARES OR AN OWNERSHIP INTEREST, PROVIDED THAT ANY PORTION  OF
 THE  PROPERTY  THAT  IS  NOT  LEASED BY A PUBLIC ENTITY OR NOT HELD IN A
 CONDOMINIUM FORM OF OWNERSHIP OR BY A COOPERATIVE CORPORATION IN WHICH A
 PUBLIC ENTITY POSSESSES SHARES OR AN OWNERSHIP  INTEREST  SHALL  NOT  BE
 CAPTURED   UNDER  THIS  SUBDIVISION  UNLESS  OTHERWISE  SUBJECT  TO  THE
 PROVISIONS TO THIS SECTION.
   6. FOR PURPOSES OF THIS SECTION, "PUBLIC ENTITY"  SHALL  INCLUDE,  BUT
 SHALL  NOT  BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT CORPORATION AS
 DEFINED IN SUBDIVISION EIGHT OF SECTION  EIGHTEEN  HUNDRED  ONE  OF  THE
 PUBLIC  AUTHORITIES  LAW  OR SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-
 FOR-PROFIT CORPORATION LAW, OR OTHER SIMILAR LOCAL AND REGIONAL ECONOMIC
 DEVELOPMENT ORGANIZATIONS, A MUNICIPAL CORPORATION AS DEFINED IN SECTION
 ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW, INDUSTRIAL DEVELOP-
 MENT AGENCIES FORMED PURSUANT  TO  ARTICLE  EIGHTEEN-A  OF  THE  GENERAL
 MUNICIPAL  LAW  OR INDUSTRIAL DEVELOPMENT AUTHORITIES FORMED PURSUANT TO
 ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AN EDUCATIONAL  CORPORATION
 ESTABLISHED  UNDER  ARTICLE FIFTY-SIX OF THE EDUCATION LAW, A COMMISSION
 APPOINTED PURSUANT TO LAW, AS WELL AS STATE, LOCAL  AND  INTERSTATE  AND
 INTERNATIONAL  AUTHORITIES  AS  DEFINED  IN  SECTION  TWO  OF THE PUBLIC
 AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED BY ANY  SUCH  ENTI-
 TIES.
   7.  FOR  PURPOSES OF THIS SECTION, "CONSTRUCTION" MEANS WORK WHICH MAY
 INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS, OR MECHANICS, AND INCLUDES,
 BUT IS NOT LIMITED TO, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILI-
 TATION, REPAIR, INSTALLATION, RENOVATION, ALTERATION, AND CUSTOM  FABRI-
 CATION.  "CONSTRUCTION"  ALSO  INCLUDES WORK PERFORMED DURING THE DESIGN
 AND PRECONSTRUCTION PHASES OF CONSTRUCTION, INCLUDING  BUT  NOT  LIMITED
 TO,  INSPECTION  AND  LAND  SURVEYING WORK AND WORK PERFORMED DURING THE
 POST-CONSTRUCTION PHASES OF CONSTRUCTION, INCLUDING, BUT NOT LIMITED TO,
 ALL CLEANUP WORK AT THE JOBSITE. "CONSTRUCTION" ALSO INCLUDES THE DELIV-
 ERY TO AND HAULING FROM THE JOBSITE  OF  AGGREGATE  SUPPLY  CONSTRUCTION
 MATERIALS,  SUCH  AS  SAND,  GRAVEL,  STONE,  DIRT, FILL, AS WELL AS ANY
 NECESSARY RETURN HAULS, WHETHER EMPTY OR LOADED.
   8. FOR PURPOSES OF THIS SECTION, "CUSTOM FABRICATION" MEANS THE FABRI-
 CATION AND ALL DRAFTING  RELATED  TO  THE  FABRICATION  OF  ALL  MASONRY
 PANELS,  WOODWORK,  CASES, CABINETS, OR COUNTERS, AND THE FABRICATION OF
 PLUMBING, HEATING, COOLING, VENTILATION, OR EXHAUST  DUCT  SYSTEMS,  AND
 MECHANICAL  INSULATION  SOLELY  AND SPECIFICALLY DESIGNED AND ENGINEERED
 FOR INSTALLATION IN THE CONSTRUCTION, REPAIR, OR RENOVATION OF A  BUILD-
 ING, REGARDLESS OF WHERE THE CUSTOM FABRICATION IS PERFORMED. THE APPLI-
 CABLE  PREVAILING WAGE FOR ANY OFF-SITE CUSTOM FABRICATION WORK SHALL BE
 THE ON-SITE PREVAILING WAGE FOR THE JOB SITE.
   9. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE  DEEMED
 TO  BE  THE  COMMISSIONER;  EXCEPT FOR COVERED PROJECTS IN A CITY WITH A

 A. 8418                             5
 
 POPULATION IN EXCESS OF ONE MILLION, IN WHICH CASE  THE  FISCAL  OFFICER
 SHALL BE THE COMPTROLLER OR OTHER ANALOGOUS OFFICER OF SUCH CITY.
   10.  THE  ENFORCEMENT  OF ANY CONSTRUCTION WORK DEEMED TO BE A COVERED
 PROJECT PURSUANT TO THIS SECTION, AND ANY ADDITIONAL REQUIREMENTS, SHALL
 BE SUBJECT TO THE REQUIREMENTS OF SECTION TWO  HUNDRED  TWENTY  OF  THIS
 ARTICLE  AND  WITHIN  THE  JURISDICTION OF THE FISCAL OFFICER; PROVIDED,
 HOWEVER:
   A. THE OWNER OR DEVELOPER OF SUCH  PROPERTY  SUBJECT  TO  CONSTRUCTION
 SHALL  CERTIFY UNDER PENALTY OF PERJURY WITHIN FIVE DAYS OF COMMENCEMENT
 OF CONSTRUCTION WORK WHETHER THE PROJECT AT  ISSUE  IS  SUBJECT  TO  THE
 PROVISIONS  OF THIS SECTION THROUGH THE USE OF A STANDARD FORM DEVELOPED
 BY THE FISCAL OFFICER;
   B. THE OWNER OR DEVELOPER OF A COVERED PROJECT  SHALL  BE  RESPONSIBLE
 FOR  RETAINING  ORIGINAL  PAYROLL RECORDS IN ACCORDANCE WITH SECTION TWO
 HUNDRED TWENTY OF THIS ARTICLE FOR  A  PERIOD  OF  SIX  YEARS  FROM  THE
 CONCLUSION  OF  SUCH WORK. ALL PAYROLL RECORDS MAINTAINED BY AN OWNER OR
 DEVELOPER PURSUANT TO THIS SECTION SHALL BE  SUBJECT  TO  INSPECTION  ON
 REQUEST  OF  THE FISCAL OFFICER.   SUCH OWNER OR DEVELOPER MAY AUTHORIZE
 THE PRIME CONTRACTOR OF THE CONSTRUCTION PROJECT TO TAKE  RESPONSIBILITY
 FOR  RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD JOINTLY
 AND SEVERALLY LIABLE FOR ANY VIOLATIONS OF SUCH CONTRACTOR. ALL  RECORDS
 OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR-
 MATION LAW; AND
   C.  THE  FISCAL  OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE
 PROVISIONS OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE  GROUNDS
 FOR PROCEEDINGS BROUGHT PURSUANT TO SECTION TWO HUNDRED TWENTY-B OF THIS
 ARTICLE.
   11.  EACH  OWNER  AND  DEVELOPER  SUBJECT  TO THE REQUIREMENTS OF THIS
 SECTION SHALL COMPLY WITH THE  OBJECTIVES  AND  GOALS  OF  MINORITY  AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW. THE DEPARTMENT SHALL MAKE TRAINING AND  RESOURCES  AVAIL-
 ABLE  TO ASSIST MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES ON COVERED
 PROJECTS ACHIEVE AND MAINTAIN COMPLIANCE WITH PREVAILING  WAGE  REQUIRE-
 MENTS.  THE  DEPARTMENT SHALL MAKE SUCH TRAINING AND RESOURCES AVAILABLE
 ONLINE AND SHALL AFFORD MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AN
 OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   12. A. THE COMMISSIONER SHALL REPORT TO THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST,
 TWO THOUSAND TWENTY-ONE, AND ANNUALLY THEREAFTER, ON  THE  PARTICIPATION
 OF  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED
 PROJECTS AND CONTRACTS FOR PUBLIC WORK SUBJECT TO THE PROVISIONS OF THIS
 SECTION AND SECTION TWO HUNDRED TWENTY OF THIS ARTICLE  RESPECTIVELY  AS
 WELL  AS  THE  DIVERSITY  PRACTICES  OF  CONTRACTORS  AND SUBCONTRACTORS
 EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.
   B. SUCH REPORT 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 WITH-
 IN THE WORKFORCE. THE  REPORT  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, DEVELOPER, OR PUBLIC
 ENTITY TO DISCLOSE INFORMATION ON  THE  PARTICIPATION  OF  MINORITY  AND
 WOMEN-OWNED BUSINESS ENTERPRISES AND THE DIVERSITY PRACTICES OF CONTRAC-

 A. 8418                             6
 
 TORS AND SUBCONTRACTORS INVOLVED IN THE PERFORMANCE OF ANY PROJECT UNDER
 ITS  JURISDICTION. IT SHALL BE THE DUTY OF THE FISCAL OFFICER TO PROVIDE
 SUCH INFORMATION UPON REQUEST OF THE COMMISSIONER IN ORDER TO EFFECTUATE
 THE REQUIREMENTS OF THIS SECTION.
   13.  NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION, THE DEPARTMENT SHALL MAKE A DETERMINATION, UTILIZING  DATA
 FROM THE NEW YORK STATE OFFICE OF THE COMPTROLLER AND THE PUBLIC AUTHOR-
 ITIES  REPORTING  INFORMATION SYSTEM (PARIS), AS TO THE AMOUNT OF PUBLIC
 FUNDS OR BENEFITS WHICH MUST BE RECEIVED FROM OR THROUGH  AN  INDUSTRIAL
 DEVELOPMENT  AGENCY,  LOCAL  DEVELOPMENT  CORPORATION,  OR OTHER SIMILAR
 LOCAL ENTITY, WHICH ARE NECESSARY TO  DEEM  A  PROJECT  SUBJECT  TO  THE
 PROVISIONS  OF  THIS  SECTION.  ANY PROJECT RECEIVING A NET BENEFIT FROM
 PUBLIC FUNDS WHICH IS LESS THAN RESPECTIVE REGIONAL THRESHOLD SET BY THE
 DEPARTMENT SHALL NOT BE DEEMED TO BE A COVERED PROJECT.
   A. SUCH RECOMMENDATION SHALL BE DETERMINED ON A REGIONAL  BASIS  USING
 THE  FOLLOWING REGIONS: (I) BRONX, KINGS, NEW YORK, QUEENS, AND RICHMOND
 COUNTIES; (II) NASSAU, SUFFOLK AND WESTCHESTER COUNTIES; AND  (III)  THE
 REST OF THE STATE;
   B.  THE  NET  BENEFIT  SHALL BE CALCULATED BASED ON THE TOTAL VALUE OF
 FINANCIAL ASSISTANCE PROVIDED THROUGH A SALES  TAX  EXEMPTION,  MORTGAGE
 RECORDING  TAX  EXEMPTION,  PAYMENT  IN  LIEU OF TAXES AGREEMENT AND ANY
 OTHER TAX SUBSIDY PROVIDED DURING THE TERM OF  THE  AGREEMENT  WITH  THE
 INDUSTRIAL  DEVELOPMENT  AGENCY, LOCAL DEVELOPMENT CORPORATION, OR OTHER
 SIMILAR LOCAL ENTITY;
   C. IN MAKING SUCH DETERMINATION, THE DEPARTMENT SHALL ENSURE  NO  LESS
 THAN  THE  TOP  THIRTY  PERCENT  OF  PROJECTS  IN EACH REGION ARE DEEMED
 COVERED PROJECTS. THE  DEPARTMENT  MAY  DETERMINE  THAT  THE  THRESHOLDS
 APPLICABLE PURSUANT TO THIS SECTION BE TOTAL DOLLAR THRESHOLDS OR THRES-
 HOLDS  TRIGGERED ON THE BASIS OF TOTAL PERCENT OF PROJECT COST INCENTIV-
 IZED; AND
   D. ANY PROJECT RECEIVING A NET BENEFIT FROM PUBLIC FUNDS WHICH IS LESS
 THAN THE RESPECTIVE REGIONAL THRESHOLD SET BY THE  DEPARTMENT  SHALL  BE
 DEEMED TO NOT BE A COVERED PROJECT.
   14.  PRIOR  TO  THE  EFFECTIVE  DATE  OF THIS SECTION, A MEMORANDUM OF
 UNDERSTANDING MAY BE EXECUTED BETWEEN ONE, OR MORE, REPRESENTATIVES OF A
 REGIONAL  ORGANIZATION  REPRESENTING  BUILDING  OWNERS  AND  DEVELOPERS,
 EITHER  FOR PROFIT OR NOT-FOR-PROFIT, IN A REGION, AND THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, IN THE
 SAME RESPECTIVE REGION, WHICH  HAS  ESTABLISHED  ITSELF  AS  A  REGIONAL
 AFFILIATE  OF  THE  STATEWIDE  BUILDING AND CONSTRUCTION TRADES COUNCIL.
 SUCH MEMORANDUM OF UNDERSTANDING SHALL EXEMPT THE OWNERS AND  DEVELOPERS
 OF SUCH REGIONAL ORGANIZATION FROM COMPLYING WITH THE PROVISIONS OF THIS
 SECTION  FOR  ALL CONSTRUCTION, AS DEFINED IN THIS SECTION, PERFORMED IN
 THE APPLICABLE REGION ON ANY PROJECT THAT WOULD OTHERWISE BE COVERED  BY
 THIS  SECTION,  EXCEPT  FOR  THE  PROVISIONS  IN SUBDIVISIONS ELEVEN AND
 TWELVE OF THIS SECTION. SUCH EXEMPTION SHALL ONLY APPLY FOR THE DURATION
 OF SUCH MEMORANDUM OF UNDERSTANDING AND MUST BE FILED WITH  THE  DEPART-
 MENT UPON EXECUTION.
   § 2. The labor law is amended by adding a new section 224-b to read as
 follows:
   §  224-B. STOP-WORK ORDERS.  WHERE A COMPLAINT IS RECEIVED PURSUANT TO
 THIS ARTICLE, OR WHERE THE FISCAL OFFICER UPON HIS OR HER  OWN  INVESTI-
 GATION,  FINDS  CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION WITH THE
 PERFORMANCE OF ANY CONTRACT FOR PUBLIC  WORK  PURSUANT  TO  SECTION  TWO
 HUNDRED  TWENTY  OF  THIS  ARTICLE  OR  ANY  COVERED PROJECT PURSUANT TO
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, HAS SUBSTANTIALLY AND

 A. 8418                             7
 
 MATERIALLY FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE  PROVISIONS
 OF THIS ARTICLE, THE FISCAL OFFICER MAY NOTIFY SUCH PERSON IN WRITING OF
 HIS  OR  HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE SHALL (I)
 BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE
 CIVIL  PRACTICE  LAW  AND  RULES;  (II) NOTIFY SUCH PERSON OF HIS OR HER
 RIGHT TO A HEARING; AND (III) STATE THE FACTUAL  BASIS  UPON  WHICH  THE
 FISCAL OFFICER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
 ANY  DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH DECI-
 SION SHALL BE PROVIDED TO SUCH PERSON WITHIN A  REASONABLE  TIME  BEFORE
 THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
   FOLLOWING THE HEARING, IF THE FISCAL OFFICER ISSUES A STOP-WORK ORDER,
 IT  SHALL  BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE SERVED BY
 TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
 OF ANY SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH REGARD
 TO A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS  LOCATION
 AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE FISCAL OFFI-
 CER  DIRECTS  THAT THE STOP-WORK ORDER BE REMOVED, UPON A FINAL DETERMI-
 NATION ON THE COMPLAINT OR WHERE SUCH FAILURE TO  COMPLY  OR  EVADE  HAS
 BEEN  DEEMED  CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER IS ISSUED
 SHALL WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER MAKES  AN
 APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF SUCH ORDER
 THE FISCAL OFFICER SHALL MAKE A DECISION IN WRITING ON THE ISSUES RAISED
 IN SUCH APPLICATION. THE FISCAL OFFICER MAY DIRECT A CONDITIONAL RELEASE
 FROM  A  STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON HAS TAKEN MEAN-
 INGFUL AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS OF THIS  ARTI-
 CLE.
   § 3. The labor law is amended by adding a new section 813-a to read as
 follows:
   §  813-A.  ANNUAL  REPORTS BY APPRENTICESHIP PROGRAMS. 1. ON AN ANNUAL
 BASIS, ALL APPRENTICESHIP PROGRAMS COVERED UNDER THE PROVISIONS OF  THIS
 ARTICLE  SHALL  REPORT TO THE DEPARTMENT ON THE PARTICIPATION OF APPREN-
 TICES CURRENTLY ENROLLED IN SUCH APPRENTICESHIP PROGRAM. THE DATA TO  BE
 INCLUDED  IN  SUCH  REPORT  SHALL  INCLUDE,  AT A MINIMUM: (A) THE TOTAL
 NUMBER OF APPRENTICES IN SUCH APPRENTICESHIP PROGRAM; (B) THE DEMOGRAPH-
 IC INFORMATION OF SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE,
 INCLUDING, BUT NOT LIMITED TO, THE AGE,  GENDER,  RACE,  ETHNICITY,  AND
 NATIONAL  ORIGIN  OF  SUCH  APPRENTICES; (C) THE RATE OF ADVANCEMENT AND
 GRADUATION OF SUCH APPRENTICES; AND (D) THE RATE OF  PLACEMENT  OF  SUCH
 APPRENTICES  ONTO  JOB  SITES  AS WELL AS THE DEMOGRAPHIC INFORMATION OF
 SUCH APPRENTICES TO THE EXTENT SUCH DATA IS  AVAILABLE,  INCLUDING,  BUT
 NOT  LIMITED TO THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN OF
 SUCH APPRENTICES.
   2. THE DEPARTMENT SHALL MAKE  SUCH  DATA  PUBLICLY  AVAILABLE  ON  ITS
 WEBSITE  BY  JULY FIRST, TWO THOUSAND TWENTY-ONE AND ON AN ANNUAL BASIS,
 BUT NO LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR.
   § 4. This act shall take effect on July  1,  2020;  provided,  however
 that  this  act  shall  not  apply  to an agreement entered into with an
 industrial development agency, local development corporation,  or  other
 similar  local  entity  entered  into prior to the day on which this act
 shall have become a law, or to any appropriations of public  funds  made
 prior to the day on which this act shall have become a law, or to re-ap-
 propriations  of such funds first appropriated prior to the day on which
 this act shall have become a law.