S T A T E O F N E W Y O R K
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1915
2019-2020 Regular Sessions
I N A S S E M B L Y
January 17, 2019
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Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to requiring certain finan-
cially assisted development projects in a city with a population of
one million or more to be subject to certain prevailing wage require-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 220 of the labor law is amended by adding a new
subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR OF
ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ORDINANCE, CHARTER, ADMINISTRA-
TIVE CODE, OR JUDICIAL DECISION TO THE CONTRARY, CONSTRUCTION WORK
PERFORMED BY A COVERED DEVELOPER ON A FINANCIALLY ASSISTED DEVELOPMENT
PROJECT SHALL BE SUBJECT TO THIS SECTION WITH RESPECT TO LABORERS, WORK-
ERS AND MECHANICS COVERED UNDER THIS SECTION PERFORMING WORK ON A
COVERED DEVELOPMENT PROJECT.
(A) DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(I) "CITY" MEANS A CITY WITH A POPULATION OF ONE MILLION OR MORE.
(II) "FINANCIALLY ASSISTED DEVELOPMENT PROJECT" MEANS A PROJECT IN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, UNDERTAKEN, PLANNED,
OVERSEEN, OR FINANCED BY A PUBLIC BENEFIT CORPORATION OR LOCAL DEVELOP-
MENT 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 ECONOMIC DEVELOP-
MENT ENTITY THAT PROVIDES OR ADMINISTERS ECONOMIC DEVELOPMENT BENEFITS,
OR A THIRD PARTY ON BEHALF OF SUCH ECONOMIC DEVELOPMENT ENTITY, FOR THE
PURPOSE OF IMPROVEMENT OR DEVELOPMENT AND/OR REDEVELOPMENT OF REAL PROP-
ERTY, ECONOMIC DEVELOPMENT, JOB RETENTION OR GROWTH, OR OTHER SIMILAR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07845-02-9
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PURPOSES, AND WHERE THE DEVELOPMENT PROJECT IS NOT COVERED BY A PROJECT
LABOR AGREEMENT AND:
(1) IS EXPECTED TO BE LARGER THAN ONE MILLION SQUARE FEET, OR LARGER
THAN A TOTAL OF THREE HUNDRED RESIDENTIAL UNITS AGGREGATED FOR THE
ENTIRE DEVELOPMENT PROJECT; OR
(2) HAS RECEIVED OR IS EXPECTED TO RECEIVE FINANCIAL ASSISTANCE FROM A
PUBLIC ENTITY VALUED AT FIFTEEN MILLION DOLLARS OR MORE, AGGREGATED FROM
ALL PUBLIC SOURCES; OR
(3) IS DEVELOPED ON, OR WILL BE SITUATED, BUILT, ERECTED, OR USED ON
PROPERTY, OWNED, MAINTAINED, OR LEASED BY OR TO A PUBLIC ENTITY; OR IS
SUBJECT TO A PUBLIC ENTITY'S SALE OF AIR RIGHTS, OR SUBJECT TO PUBLIC
ENTITY PLANNING AND APPROVAL OF CONSTRUCTION CONTRACTS.
PROVIDED HOWEVER, FINANCIALLY ASSISTED DEVELOPMENT PROJECTS SHALL NOT
INCLUDE PROJECTS APPROVED OR MANAGED UNDER THE URBAN DEVELOPMENT CORPO-
RATION ACT.
(III) "COVERED DEVELOPER" MEANS ANY PERSON OR ENTITY RECEIVING FINAN-
CIAL ASSISTANCE IN RELATION TO A FINANCIALLY ASSISTED DEVELOPMENT
PROJECT, OR ANY PERSON OR ENTITY THAT CONTRACTS OR SUBCONTRACTS WITH A
PERSON OR ENTITY RECEIVING FINANCIAL ASSISTANCE IN RELATION TO A FINAN-
CIALLY ASSISTED DEVELOPMENT PROJECT TO PERFORM CONSTRUCTION WORK ON THE
FINANCIALLY ASSISTED DEVELOPMENT PROJECT, OR ANY ASSIGNEE OR SUCCESSOR
IN INTEREST OF REAL PROPERTY THAT QUALIFIES AS A FINANCIALLY ASSISTED
DEVELOPMENT PROJECT. COVERED DEVELOPER EXCLUDES PUBLIC ENTITIES. COVERED
DEVELOPER SHALL ALSO NOT INCLUDE ANY PRIVATE NOT-FOR-PROFIT CORPORATION
FOR WHICH BONDS OR NOTES ARE ISSUED PURSUANT TO TITLES FOUR AND/OR
FOUR-B OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, OR PURSUANT TO
THE NEW YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY ACT.
(IV) "FINANCIAL ASSISTANCE" IS DEFINED AS:
(1) THE PAYMENT OF MONEY, INCLUDING THE ISSUANCE OF BONDS, (EXCLUDING
SUCH BONDS OR NOTES ISSUED FOR THE BENEFIT OF ANY PRIVATE NOT-FOR-PROFIT
CORPORATION PURSUANT TO TITLES FOUR AND/OR FOUR-B OF ARTICLE EIGHT OF
THE PUBLIC AUTHORITIES LAW OR BONDS AND NOTES ISSUED PURSUANT TO THE NEW
YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY ACT) AND GRANTS BY A
PUBLIC ENTITY OR A THIRD PARTY ACTING IN PLACE OF, ON BEHALF OF AND FOR
THE BENEFIT OF SUCH PUBLIC ENTITY, DIRECTLY OR INDIRECTLY TO THE DEVEL-
OPER OF THE DEVELOPMENT PROJECT, OR ON BEHALF OF OR FOR THE BENEFIT OF
THE DEVELOPER; AND/OR
(2) PERFORMANCE OR FINANCING OF CONSTRUCTION WORK BY ANY PUBLIC ENTITY
IN FURTHERANCE OF THE DEVELOPMENT PROJECT, OR FOR INFRASTRUCTURE
ENHANCEMENTS FOR THE BENEFIT OF THE DEVELOPMENT PROJECT, IN ANY CASE FOR
WHICH THE STATE OR CITY IS PRIMARILY RESPONSIBLE FOR PAYMENT OR REPAY-
MENT; AND/OR
(3) FEES, COSTS, RENTS, LEASE, INSURANCE OR BOND PREMIUMS, LOANS,
INTEREST RATES ON FINANCINGS FOR WHICH THE STATE OR CITY IS PRIMARILY
RESPONSIBLE FOR REPAYMENT, TAXES, OR OTHER OBLIGATIONS THAT WOULD
NORMALLY BE REQUIRED IN THE EXECUTION OF THE PROJECT, ATTRIBUTABLE TO
THE DEVELOPMENT PROJECT AND CONSTITUTING A CAPITAL WORK OR PURPOSE AS
DEFINED IN SUBPARAGRAPH FOUR OF SECTION SIXTY-SEVEN-A OF THE STATE
FINANCE LAW, TO THE EXTENT THAT SUCH FEES ARE PAID, REDUCED, CHARGED AT
LESS THAN FAIR MARKET VALUE, WAIVED, OR FORGIVEN BY A PUBLIC ENTITY;
AND/OR
(4) MONEY LOANED BY A PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
GENT BASIS.
(V) "PROJECT LABOR AGREEMENT" MEANS A PRE-HIRE COLLECTIVE BARGAINING
AGREEMENT BETWEEN A COVERED DEVELOPER AND A LABOR ORGANIZATION THAT
REPRESENTS THE INTERESTS OF ALL CLASSIFICATIONS OF LABORERS, WORKERS AND
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MECHANICS AS SET FORTH IN THIS SECTION THAT ESTABLISHES THE TERMS AND
CONDITIONS OF EMPLOYMENT FOR THE DEVELOPMENT PROJECT.
(VI) "PUBLIC ENTITY" MEANS THE STATE OR A MUNICIPAL CORPORATION OR
POLITICAL SUBDIVISION OR AGENCY OF EITHER, A PUBLIC BENEFIT CORPORATION,
PUBLIC AUTHORITY, ECONOMIC DEVELOPMENT CORPORATION, LOCAL DEVELOPMENT
CORPORATION OR COMMISSION, ESTABLISHED PURSUANT TO LAW.
(B) PREVAILING WAGE IN FINANCIALLY ASSISTED DEVELOPMENT PROJECTS
REQUIRED. (I) COVERED DEVELOPERS SHALL BE REQUIRED TO COMPLY WITH THIS
SECTION IN ALL RESPECTS FOR ALL FINANCIALLY ASSISTED DEVELOPMENT
PROJECTS, INCLUDING, BUT NOT LIMITED TO:
(1) ENSURING THAT ALL WORKERS PERFORMING CONSTRUCTION WORK ON THE
DEVELOPMENT PROJECT ARE PAID NO LESS THAN THE PREVAILING WAGE; AND
(2) ENSURING THAT ALL CONTRACTORS AND SUBCONTRACTORS PERFORMING WORK
ON THE DEVELOPMENT PROJECT SHALL COMPLY WITH THIS SECTION; AND
(3) EACH COVERED DEVELOPER SHALL MAINTAIN ORIGINAL PAYROLL RECORDS FOR
EACH COVERED WORKER REFLECTING THE DAYS AND HOURS WORKED, AND THE WAGES
PAID AND BENEFITS PROVIDED FOR SUCH HOURS WORKED, AND SHALL RETAIN SUCH
RECORDS FOR AT LEAST SIX YEARS AFTER THE CONSTRUCTION WORK IS PERFORMED.
THE COVERED DEVELOPER MAY SATISFY THIS REQUIREMENT BY OBTAINING COPIES
OF RECORDS FROM THE EMPLOYER OR EMPLOYERS OF SUCH COVERED WORKERS. FAIL-
URE TO MAINTAIN SUCH RECORDS AS REQUIRED SHALL CREATE A REBUTTABLE
PRESUMPTION THAT THE COVERED WORKERS WERE NOT PAID THE WAGES AND BENE-
FITS REQUIRED UNDER THIS SECTION. UPON THE REQUEST OF THE FISCAL OFFI-
CER, THE COVERED DEVELOPER SHALL PROVIDE A CERTIFIED ORIGINAL PAYROLL
RECORD.
(II) A COVERED DEVELOPER ON A FINANCIALLY ASSISTED PROJECT RECEIVING
OR EXPECTING TO RECEIVE FINANCIAL ASSISTANCE VALUED AT LESS THAN FIFTEEN
MILLION DOLLARS AGGREGATED FROM ALL PUBLIC SOURCES, AND A TOTAL OF ALL
RESIDENTIAL UNITS OF THREE HUNDRED UNITS OR LESS, INCLUDING AFFORDABLE
AND NON-AFFORDABLE UNITS, MAY APPLY TO THE DIRECTOR OF THE DIVISION OF
BUDGET FOR AN EXEMPTION FROM THE REQUIREMENTS OF THIS SUBDIVISION.
COVERED DEVELOPMENT PROJECTS WITH A TOTAL OF RESIDENTIAL UNITS OVER
THREE HUNDRED ARE NOT ELIGIBLE FOR AN EXEMPTION. THE DIRECTOR OF THE
DIVISION OF BUDGET MAY, UPON CONSULTATION WITH THE COMMISSIONER OF
LABOR, TAKE INTO CONSIDERATION THE NATURE AND TYPE OF DEVELOPMENT, THE
FUNDING ESTIMATED FOR THE PROJECT, THE COMPLEXITY OF THE WORK TO BE
PERFORMED, THE EXISTENCE OF APPRENTICESHIP AND/OR SAFETY TRAINING
PROGRAMS IN THE AREA AND THEIR RELATION TO THE PROJECT, THE SIZE AND
COMPOSITION OF THE LABOR POOL AND UNEMPLOYMENT RATE IN THE AREA, AND
OTHER FACTORS DEEMED RELEVANT BY THE COMMISSIONER IN DETERMINING THE
APPLICATION FOR AN EXEMPTION. IN THE EVENT THE FINANCIAL ASSISTANCE
AWARDED THE DEVELOPMENT PROJECT ULTIMATELY EXCEEDS THIRTY MILLION
DOLLARS, THE DIRECTOR OF THE DIVISION OF BUDGET MAY WITHDRAW THE
EXEMPTION FOR THE REMAINDER OF THE DEVELOPMENT PROJECT.
(III) ANY PERSON CLAIMING TO BE AGGRIEVED BY A VIOLATION OF THIS
SECTION SHALL HAVE A CAUSE OF ACTION AGAINST THE COVERED DEVELOPER IN
ANY COURT OF COMPETENT JURISDICTION FOR DAMAGES, INCLUDING PUNITIVE
DAMAGES, AND FOR INJUNCTIVE RELIEF AND SUCH OTHER REMEDIES AS MAY BE
APPROPRIATE. IN AN ACTION BROUGHT BY A COVERED WORKER, IF THE COURT
FINDS IN FAVOR OF THE COVERED WORKER, IT SHALL AWARD THE COVERED WORKER,
IN ADDITION TO OTHER RELIEF, HIS/HER REASONABLE ATTORNEYS' FEES AND
COSTS.
(1) A CIVIL ACTION COMMENCED UNDER THIS SECTION SHALL BE COMMENCED IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
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(2) NO PROCEDURE OR REMEDY SET FORTH IN THIS SECTION IS INTENDED TO BE
EXCLUSIVE OR A PREREQUISITE FOR ASSERTING A CLAIM FOR RELIEF TO ENFORCE
ANY RIGHTS IN A COURT OF LAW.
(3) IN THE EVENT THAT ANY REQUIREMENT OR PROVISION OF THIS SECTION, OR
ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE, SHOULD BE HELD INVALID OR
UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, SUCH HOLDING SHALL
NOT INVALIDATE OR RENDER UNENFORCEABLE ANY OTHER REQUIREMENTS OR
PROVISIONS OF THIS SECTION, OR THE APPLICATION OF THE REQUIREMENT OR
PROVISION HELD UNENFORCEABLE TO ANY OTHER PERSON OR CIRCUMSTANCE.
§ 2. This act shall take effect immediately and shall apply to finan-
cially assisted development projects funded on or after the effective
date of this act; and shall exclude such financially assisted projects
with contracts that have been previously awarded as of the effective
date of this act; and shall apply to the construction activities that
commence thirty days after the effective date of this act on existing
financially assisted development projects.