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This entry was published on 2022-07-08
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SECTION 224-D
Wage requirements for certain renewable energy systems
Labor (LAB) CHAPTER 31, ARTICLE 8
§ 224-d. Wage requirements for certain renewable energy systems. 1.
For purposes of this section, a "covered renewable energy system" means
(a) a renewable energy system, as such term is defined in section
sixty-six-p of the public service law, with a capacity of one or more
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; or (b) any "thermal
energy network" as defined by subdivision twenty-nine of section two of
the public service law.

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.

* NB Effective until April 1, 2023

* 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 three of the veterans' services law. The
department in consultation with the commissioner of the division of
minority and women's business development and the director 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.

* NB Effective April 1, 2023

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.

8. Any thermal energy network covered by this section shall require
all contractors and subcontractors performing construction work to use
apprenticeship agreements, as defined by article twenty-three of this
chapter, with pre-apprenticeship direct entry providers registered with
the department.