S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4668
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed 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.