NY State Senate Bill 2021-S8383

Senate Bill S8383

2021-2022 Legislative Session

Requires labor peace agreements in contracts for certain retail or distribution projects involving public agencies

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 18, 2022	referred to labor

2021-S8383 (ACTIVE) - Details

See Assembly Version of this Bill:: A10308
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §222-b, Lab L; add §2879-d, Pub Auth L; add §109-e, Gen Muni L
Versions Introduced in 2023-2024 Legislative Session:: S6894, A8114

2021-S8383 (ACTIVE) - Summary

Requires labor peace agreements as a precondition for contracts for certain retail or distribution projects in which a public agency has a substantial proprietary interest.

2021-S8383 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8383

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the labor law, the public authorities law and the gener-
al municipal law, in relation to requiring labor peace agreements in
contracts for certain retail or distribution projects involving public
agencies

 
PURPOSE:

To require labor peace agreements be made in contracts for certain
retail or distribution projects involving public agencies and public
authorities.

 
SUMMARY OF PROVISIONS:

Section 1, part 1-part 2(b): amends labor law by adding a new section
222-b, which sets definitions and establishes a requirement that no
public agency shall enter into any agreement or contract under which the
agency has a proprietary interest in a covered project unless there is a

labor peace agreement between the contractor and any subcontractor and a
labor organization that represents retail or distribution center employ-
ees in the state. The duration of such labor peace agreement shall be a
minimum of five years, but may extend beyond that.

Section 1, part 2(c): sets provisions for projects that have been deter-
mined to be unable to move forward should a labor peace agreement be
required.

Section 1, part 3: Sets compliance requirements for public agencies to
report to the commissioner of labor proof of executed labor peace agree-
ments for projects subject to the new requirements of section 222-b.

Section 2: amends public authorities law by adding a new section 2879-d,
that requires that all contracts entered into by a public authority for
a covered retail or distribution project shall require that the contrac-
tor or any subcontractor shall enter into a labor peace agreement with a
labor organization that represents retail or distribution center employ-
ees in the state

Section 3: amends general municipal law by adding a new section 109-e,
which requires that all contract entered into by an officer, board, or
agency of a political subdivision, or of any district involving a
covered retail or distribution project shall require a labor peace
agreement with a labor organization that represents retail or distrib-
ution center employees in the state.

Section 4: Sets effective date

 
JUSTIFICATION:

In projects around NYS where the state has a proprietary interest,
building and construction trades have project labor agreements (PLAs)
and prevailing wage on public works projects, and building service work-
ers have prevailing wage as well. However, for the remainder of the
"permanent" workforce that will work at a location, there are no labor

standards, and given low labor density of these industries prevailing
wage is not an option.

In these situations, Labor Peace Agreements are an effective tool to
ensure protection and welfare of workers while securing the economic
viability of a project, utilizing the state's ability to act as a market
participant that is pursuing its own economic interests. In these agree-
ments, contactors and subcontracts can forge agreements with a relevant
labor organization that secures protections for workers in exchange for
ensuring that workers refrain from disrupting a project for the duration
of its construction.

In requiring labor peace agreements, NYS can protect both workers and
projects in which it has proprietary interest in by securing well-needed
economic and safety protections for non-unionized workers, while ensur-
ing that a project that the state has proprietary interest in is undis-
rupted and able to meet its stated timelines.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.

2021-S8383 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8383
 
                             I N  S E N A T E
 
                             February 18, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, the public authorities law and the gener-
   al municipal law, in relation to requiring labor peace  agreements  in
   contracts for certain retail or distribution projects involving public
   agencies

   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  222-b  to
 read as follows:
   §  222-B.  LABOR  PEACE  AGREEMENTS;  COVERED  RETAIL AND DISTRIBUTION
 PROJECTS. 1. AS USED IN THIS SECTION:
   (A) "CONTRACTOR" MEANS ANY  PERSON,  FIRM,  PARTNERSHIP,  CORPORATION,
 ASSOCIATION,  COMPANY,  ORGANIZATION  OR  OTHER  SIMILAR  ENTITY, OR ANY
 COMBINATION THEREOF, INCLUDING ANY SUBCONTRACTOR THEREOF,  THAT  EMPLOYS
 EMPLOYEES  TO PERFORM WORK PURSUANT TO AN AGREEMENT WITH A PUBLIC AGENCY
 TO UNDERTAKE A COVERED RETAIL OR  DISTRIBUTION  PROJECT  AS  DEFINED  IN
 PARAGRAPH  (B) OF THIS SUBDIVISION, OR TO SERVE AS THE OWNER OR OPERATOR
 OF ANY FACILITY, INCLUDING BUT NOT LIMITED TO A RETAIL ESTABLISHMENT  OR
 DISTRIBUTION  CENTER  THAT  IS  PART OF A COVERED PROJECT, OR TO PROVIDE
 SERVICES INTEGRAL TO THE OPERATIONS OF THE COVERED PROJECT OR THE FACIL-
 ITIES.
   (B) "COVERED RETAIL OR  DISTRIBUTION  PROJECT"  OR  "COVERED  PROJECT"
 MEANS  ANY PROJECT IN WHICH A PUBLIC AGENCY ENTERS INTO AN AGREEMENT FOR
 DEVELOPMENT AFTER THE EFFECTIVE DATE OF THIS SECTION, WHERE: (I) ONE  OR
 MORE  RETAIL  ESTABLISHMENTS  OR  DISTRIBUTION  CENTERS  ARE PART OF THE
 PROJECT; (II) THE STATE AGENCY HAS A SUBSTANTIAL PROPRIETARY INTEREST IN
 THE PROJECT, OR IN THE RETAIL OR  DISTRIBUTION  CENTER;  AND  (III)  THE
 PROJECT  INCLUDES  AT  LEAST ONE RETAIL ESTABLISHMENT WHICH WILL HAVE AT
 LEAST TEN EMPLOYEES, OR AT LEAST ONE DISTRIBUTION CENTER WHICH WILL HAVE
 MORE THAN TWENTY EMPLOYEES.
   (C) "DISTRIBUTION CENTER" MEANS A LARGE-SCALE FACILITY INVOLVING PROC-
 ESSING, REPACKAGING AND/OR MOVEMENT OF FINISHED OR  SEMI-FINISHED  GOODS
 TO BE REDISTRIBUTED TO RETAILERS, WHOLESALERS, OR DIRECTLY TO CUSTOMERS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13837-01-1
 S. 8383                             2
 
 INCLUDING  BUT  NOT  LIMITED TO A WAREHOUSE, STORAGE FACILITY, SORTATION
 FACILITY, FULFILLMENT CENTER, OR ANY OTHER SIMILAR FACILITY.
   (D)  "LABOR  PEACE  AGREEMENT" MEANS AN AGREEMENT BETWEEN A CONTRACTOR
 AND ONE OR MORE BONA FIDE LABOR ORGANIZATIONS  REPRESENTING  WORKERS  IN
 THIS  STATE THAT, AT A MINIMUM, REQUIRES THAT THE LABOR ORGANIZATION AND
 ITS MEMBERS REFRAIN FROM ENGAGING IN LABOR ACTIVITY  THAT  WILL  DISRUPT
 THE  CONTRACTOR'S  OPERATIONS,  INCLUDING  STRIKES, BOYCOTTS, WORK STOP-
 PAGES, CORPORATE CAMPAIGNS, PICKETING OR OTHER ECONOMIC  ACTION  AGAINST
 THE COVERED RETAIL OR DISTRIBUTION PROJECT FOR A PERIOD OF NOT LESS THAN
 FIVE  YEARS  FOLLOWING THE COMMENCEMENT OF OPERATIONS UNDER THE CONTRACT
 OR AGREEMENT FOR THE COVERED PROJECT.
   (E) "PROPRIETARY INTEREST" MEANS AN ECONOMIC AND NON-REGULATORY INTER-
 EST OF A PUBLIC AGENCY IN THE ECONOMIC OR FINANCIAL SUCCESS OF A COVERED
 RETAIL OR DISTRIBUTION PROJECT  THAT  COULD  BE  ADVERSELY  AFFECTED  BY
 LABOR-MANAGEMENT  CONFLICT,  INCLUDING, BUT NOT LIMITED TO, THE INTEREST
 OF THE PUBLIC AGENCY AS A FINANCIER, INVESTOR, LESSEE, LESSOR, OPERATOR,
 OR OWNER OF THE PROJECT, FACILITY, OR PROPERTY ON WHICH THE  PROJECT  OR
 FACILITY  IS  LOCATED,  OR  AS  THE PROVIDER OR FACILITATOR OF FINANCIAL
 ASSISTANCE TO OR FOR THE PROJECT,  FACILITY,  OR  PROPERTY,  WHETHER  BY
 DIRECT  LOAN  OR  GRANT,  OR  BY  A  GUARANTEE, SUBSIDY, DEPOSIT, CREDIT
 ENHANCEMENT OR SIMILAR METHOD, AND  ANY  INTEREST  OF  A  PUBLIC  AGENCY
 DERIVED FROM THE ONGOING RECEIPT OF REVENUES FROM THE PROJECT OR FACILI-
 TIES OF THE PROJECT.
   (F)  "PUBLIC  AGENCY"  MEANS  THE  STATE,  AND ANY DEPARTMENT, AGENCY,
 BOARD, BUREAU, COMMISSION, DIVISION, COUNCIL OR OFFICE OF THE  STATE  OR
 ANY  POLITICAL SUBDIVISION THEREOF, AS DEFINED IN SECTION ONE HUNDRED OF
 THE GENERAL MUNICIPAL LAW, A MUNICIPAL CORPORATION AS DEFINED IN SECTION
 SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW AND ANY  DISTRICT  THEREOF,  A
 PUBLIC  BENEFIT  CORPORATION,  OR LOCAL OR STATE AUTHORITY AS DEFINED IN
 SECTION TWO OF THE PUBLIC AUTHORITIES LAW, AND ANY OTHER ENTITY  AUTHOR-
 IZED  AND EMPOWERED TO ENTER INTO ANY CONTRACT OR ARRANGEMENT TO CONDUCT
 ECONOMIC DEVELOPMENT ACTIVITY ON BEHALF OF ANY SUCH PUBLIC AGENCY.
   (G) "RETAIL ESTABLISHMENT" MEANS ANY VENDOR THAT IN THE REGULAR COURSE
 OF BUSINESS SELLS PRODUCTS AT RETAIL DIRECTLY TO MEMBERS OF THE  GENERAL
 PUBLIC.
   2.  (A)  EXCEPT  AS  PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, NO
 PUBLIC AGENCY SHALL ENTER INTO ANY AGREEMENT  OR  CONTRACT  UNDER  WHICH
 SUCH  AGENCY  HAS A PROPRIETARY INTEREST IN A COVERED PROJECT UNLESS THE
 AGREEMENT OR CONTRACT REQUIRES AS A MATERIAL CONDITION THAT THE CONTRAC-
 TOR AND ANY SUBCONTRACTOR THEREOF HAS ENTERED INTO A LABOR PEACE  AGREE-
 MENT,  AS  DEFINED  IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION,
 WITH A BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN  REPRES-
 ENTING  OR ATTEMPTING TO REPRESENT RETAIL OR DISTRIBUTION CENTER EMPLOY-
 EES IN THE STATE.
   (B) (I) EVERY CONTRACTOR OR SUBCONTRACTOR SUBJECT TO THE PROVISIONS OF
 THIS SECTION SHALL INCORPORATE THE TERMS OF SUCH LABOR  PEACE  AGREEMENT
 IN  ANY  CONTRACT,  SUBCONTRACT,  LEASE,  SUBLEASE, OPERATING AGREEMENT,
 CONCESSIONAIRE AGREEMENT, FRANCHISE  AGREEMENT  OR  OTHER  AGREEMENT  OR
 INSTRUMENT  GIVING  A  RIGHT TO ANY PERSON OR ENTITY TO OWN OR OPERATE A
 RETAIL ESTABLISHMENT OR DISTRIBUTION CENTER IN THE COVERED  PROJECT  AND
 SHALL  REQUIRE THE MAINTENANCE OF SUCH LABOR PEACE AGREEMENT AS AN ONGO-
 ING MATERIAL CONDITION OF CONTINUED OPERATION OF SUCH COVERED PROJECT.
   (II) (A) THE DURATION OF EVERY  LABOR  PEACE  AGREEMENT  ENTERED  INTO
 PURSUANT  TO  THIS  SUBDIVISION SHALL BE INCLUDED WITHIN THE DURATION OF
 SUCH AGREEMENT, PROVIDED, HOWEVER, THAT NO SUCH  LABOR  PEACE  AGREEMENT
 SHALL  BE  DEEMED TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION UNLESS
 S. 8383                             3
 
 SUCH AGREEMENT SHALL BE ENFORCEABLE  AND  BINDING  BETWEEN  ALL  PARTIES
 THERETO  FOR  NOT LESS THAN FIVE YEARS FROM THE DATE THE COVERED PROJECT
 BECOMES OPERATIONAL; PROVIDED FURTHER, THAT NOTHING IN THIS SUBPARAGRAPH
 SHALL  BE  CONSTRUED  SO AS TO PROHIBIT THE PARTIES FROM ENTERING INTO A
 LABOR PEACE AGREEMENT THAT EXCEEDS THE MINIMUM FIVE YEAR  PERIOD  OTHER-
 WISE REQUIRED HEREIN.
   (B)  THE PROVISIONS OF THIS SUBDIVISION REQUIRING A LABOR PEACE AGREE-
 MENT SHALL APPLY TO ANY  SUCCESSOR  CONTRACTOR,  AND  ANY  SUBCONTRACTOR
 THEREOF,  THAT  TAKES THE PLACE OF ANY INITIAL CONTRACTOR OR SUBCONTRAC-
 TOR, PROVIDED SUCH  REPLACEMENT  OCCURS  WHILE  THE  PROJECT  REMAINS  A
 COVERED  PROJECT  AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
 SECTION. THE DURATION OF A LABOR  PEACE  AGREEMENT  ENTERED  INTO  BY  A
 SUCCESSOR  CONTRACTOR  OR SUBCONTRACTOR PURSUANT TO THIS CLAUSE SHALL BE
 FOR A PERIOD OF NOT LESS THAN FIVE YEARS COMMENCING ON THE LATER OF  THE
 DATE OF SUCH REPLACEMENT OR THE DATE ON WHICH THE PROJECT BECOMES OPERA-
 TIONAL.
   (III)  EVERY  PUBLIC AGENCY SHALL, PRIOR TO ENTERING INTO AN AGREEMENT
 OR CONTRACT FOR A COVERED PROJECT, PROVIDE  WRITTEN  DISCLOSURE  TO  THE
 CONTRACTOR  AND ANY SUBCONTRACTORS OF THE LABOR PEACE AGREEMENT REQUIRED
 PURSUANT TO THIS SECTION AND ANY OTHER  PROVISIONS  APPLICABLE  TO  SUCH
 AGREEMENT OR CONTRACT. WHERE COMPETITIVE BIDDING IS REQUIRED BY STATUTE,
 RULE,  REGULATION  OR LOCAL LAW, FOR WORK OR SERVICES TO BE PERFORMED IN
 CONNECTION WITH A COVERED PROJECT UNDER THIS SECTION, THE PUBLIC  AGENCY
 SHALL  PROVIDE  SUCH  WRITTEN  DISCLOSURE  TO EACH PROSPECTIVE BIDDER OR
 CONTRACTOR AS PART OF ANY SPECIFICATIONS OR  OTHER  CONDITIONS  REQUIRED
 UNDER  THIS  CHAPTER OR PURSUANT TO ANY OTHER GENERAL, SPECIAL, OR LOCAL
 LAW OR ADMINISTRATIVE CODE.
   (IV) ANY CONTRACTOR OR SUBCONTRACTOR THAT FAILS OR REFUSES TO  INCLUDE
 ANY  OF  THE  PROVISIONS  REQUIRED BY THIS PARAGRAPH IN THE TERMS OF ANY
 CONTRACT, AGREEMENT OR OTHER INSTRUMENT SUBJECT TO THE  REQUIREMENTS  OF
 THIS  SECTION  SHALL  NOT  BE  CONSIDERED  A  RESPONSIBLE BIDDER FOR THE
 PURPOSES OF ANY BID  OR  PROPOSAL  SUBMITTED  IN  CONNECTION  WITH  SUCH
 COVERED PROJECT.
   (C)  (I)  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF THIS SECTION, A
 PUBLIC AGENCY MAY ENTER INTO AN AGREEMENT OR CONTRACT WHEREIN THE PUBLIC
 AGENCY HAS A SUBSTANTIAL PROPRIETARY INTEREST IN A COVERED PROJECT WITH-
 OUT A CONTRACTOR ENTERING INTO A LABOR PEACE AGREEMENT,  IF  THE  AGENCY
 DETERMINES  THAT  THE PROJECT WOULD NOT BE ABLE TO GO FORWARD IF A LABOR
 PEACE AGREEMENT WAS REQUIRED, OR THE COSTS OF THE PROJECT TO THE  PUBLIC
 AGENCY  WOULD  BE SUBSTANTIALLY INCREASED BY SUCH REQUIREMENT, PROVIDED,
 HOWEVER, THAT NO SUCH DETERMINATION SHALL BE MADE WITHOUT FIRST SOLICIT-
 ING INPUT FROM ANY LABOR ORGANIZATION THAT WOULD OTHERWISE BE A PARTY TO
 SUCH LABOR PEACE AGREEMENT.  SUCH A DETERMINATION SHALL BE SUPPORTED  BY
 A  WRITTEN  FINDING  SETTING  FORTH THE SPECIFIC BASIS FOR SUCH DETERMI-
 NATION, WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO  EXPERIENCE  WITH
 SIMILAR PROJECTS, EARLIER REQUESTS FOR PROPOSAL FOR THE SAME PROJECT, OR
 A  DETAILED  EVALUATION OF POTENTIAL BIDDERS. EACH SUCH WRITTEN DETERMI-
 NATION, TOGETHER WITH ANY SUPPORTING MATERIALS SHALL BE SUBMITTED TO THE
 COMMISSIONER IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH  (II)  OF
 THIS PARAGRAPH IN A MANNER CONSISTENT WITH RULES AND REGULATIONS PROMUL-
 GATED BY THE COMMISSIONER FOR SUCH PURPOSE.
   (II)  THE  COMMISSIONER  SHALL  REVIEW EACH SUCH WRITTEN DETERMINATION
 SUBMITTED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH AND SHALL ISSUE
 A PUBLIC FINDING ON SUCH DETERMINATION NO LATER  THAN  FIFTEEN  BUSINESS
 DAYS  AFTER RECEIPT OF SUCH DETERMINATION. IN THE EVENT THE COMMISSIONER
 APPROVES SUCH  DETERMINATION,  SUCH  DETERMINATION,  TOGETHER  WITH  THE
 S. 8383                             4
 
 COMMISSIONER'S  STATEMENT  OF  APPROVAL  AND  FINDINGS  THEREON SHALL BE
 PROVIDED TO THE PUBLIC AGENCY AND ALL OTHER INTERESTED PARTIES AND SHALL
 BE INCLUDED IN ANY PUBLIC MATERIALS IN CONNECTION WITH THE  PROJECT  AND
 SHALL  BE  MAINTAINED  BY  SUCH AGENCY IN ACCORDANCE WITH ALL APPLICABLE
 PROVISIONS OF THE PUBLIC OFFICERS LAW, THE PUBLIC AUTHORITIES  LAW,  AND
 ANY OTHER APPLICABLE LAW, RULE OR REGULATION.
   (III)  IF, AFTER REVIEW OF SUCH DETERMINATION PURSUANT TO SUBPARAGRAPH
 (II) OF THIS PARAGRAPH, THE COMMISSIONER SHALL NOT APPROVE SUCH DETERMI-
 NATION, THE CONTRACT AND AGREEMENT SHALL BE  SUBJECT  TO  THE  MANDATORY
 LABOR  PEACE AGREEMENT PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDI-
 VISION AND SUBDIVISION THREE OF THIS SECTION.
   3. (A) BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND THEREAFTER,
 NO AGREEMENT OR CONTRACT TO UNDERTAKE A COVERED RETAIL  OR  DISTRIBUTION
 PROJECT  SHALL  BE  VALID  OR  ENFORCEABLE  UNLESS  IT COMPLIES WITH THE
 REQUIREMENTS SET FORTH IN THIS SECTION.
   (B) THE COMMISSIONER SHALL REQUIRE EVERY PUBLIC AGENCY THAT IS SUBJECT
 TO THE PROVISIONS OF THIS SECTION THAT HAS  NOT  ENTERED  INTO  A  LABOR
 PEACE  AGREEMENT  ON  OR  BEFORE  THE  EFFECTIVE DATE OF THIS SECTION TO
 PRODUCE AN AFFIDAVIT STATING IT SHALL ENTER INTO A LABOR PEACE AGREEMENT
 WITH LABOR ORGANIZATIONS THAT ARE ACTIVELY ENGAGED  IN  REPRESENTING  OR
 ATTEMPTING TO REPRESENT RETAIL AND DISTRIBUTION CENTER EMPLOYEES IN THIS
 STATE.
   (C)  BEGINNING  ON  THE EFFECTIVE DATE OF THIS SECTION AND THEREAFTER,
 EACH PUBLIC AGENCY THAT ENTERS  INTO  A  CONTRACT  OR  AGREEMENT  FOR  A
 COVERED  PROJECT  SUBJECT  TO  A  LABOR PEACE AGREEMENT REQUIRED BY THIS
 SECTION SHALL SUBMIT TO THE COMMISSIONER PROOF OF  SUCH  EXECUTED  LABOR
 PEACE AGREEMENT, OR A WRITTEN DETERMINATION PURSUANT TO PARAGRAPH (C) OF
 SUBDIVISION  TWO  OF  THIS SECTION, TOGETHER WITH SUCH OTHER INFORMATION
 AND DOCUMENTS AS THE COMMISSIONER MAY REQUIRE IN A MANNER PRESCRIBED  BY
 THE COMMISSIONER FOR SUCH PURPOSE.
   (D)  THE  COMMISSIONER SHALL ADOPT ANY RULES AND REGULATIONS NECESSARY
 TO ACCOMPLISH THE PURPOSES OF THIS SECTION IN ACCORDANCE WITH THE  STATE
 ADMINISTRATIVE  PROCEDURE ACT. SUCH RULES AND REGULATIONS SHALL INCLUDE,
 BUT NOT BE LIMITED TO: A MODEL LABOR PEACE AGREEMENT THAT COMPLIES  WITH
 THE  REQUIREMENTS  OF  THIS  SECTION; REMEDIES AND PROCEDURES FOR PUBLIC
 AUTHORITIES  TO  ENFORCE  COMPLIANCE  WITH   THIS   SECTION,   INCLUDING
 PROVISIONS  FOR  THE REIMBURSEMENT OF ANY COSTS OR DAMAGES INCURRED BY A
 PUBLIC  AUTHORITY  IN  CONNECTION  WITH  ANY  NONCOMPLIANCE   WITH   THE
 PROVISIONS  OF THIS SECTION OR WITH ANY CONTRACT OR AGREEMENT SUBJECT TO
 THE PROVISIONS OF THIS SECTION; AND ANY INTERNAL CONTROLS  NECESSARY  TO
 ENSURE COMPLIANCE WITH SUCH RULES AND REGULATIONS.
   4.  THIS  SECTION SHALL NOT APPLY TO ANY CONSTRUCTION CONTRACT ENTERED
 INTO IN CONNECTION WITH A COVERED PROJECT; PROVIDED, HOWEVER, THAT NOTH-
 ING IN THIS SECTION SHALL PROHIBIT OR RESTRICT THE PARTIES TO  ANY  SUCH
 CONSTRUCTION  CONTRACT  FROM  EXECUTING  A  LABOR  PEACE AGREEMENT WHERE
 OTHERWISE PERMITTED BY APPLICABLE LAW. FOR THE PURPOSES OF THIS SECTION,
 A "CONSTRUCTION CONTRACT" MEANS A CONTRACT FOR BUILDING, ADDITION, DEMO-
 LITION, AND OTHER ALTERATIONS AND IMPROVEMENTS TO A COVERED PROJECT.
   § 2. The public authorities law is amended by  adding  a  new  section
 2879-d to read as follows:
   §  2879-D.  LABOR  PEACE; COVERED RETAIL OR DISTRIBUTION PROJECTS.  1.
 NOTWITHSTANDING ANY CONTRARY PROVISION OF ANY LAW, RULE  OR  REGULATION,
 BEGINNING  ON  THE  EFFECTIVE  DATE  OF THIS SECTION AND THEREAFTER, ALL
 CONTRACTS ENTERED INTO BY A PUBLIC AUTHORITY FOR  A  COVERED  RETAIL  OR
 DISTRIBUTION  PROJECT  AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TWENTY-TWO-B OF THE LABOR LAW, SHALL  INCLUDE  AS  A
 S. 8383                             5

 MATERIAL  CONDITION  THAT  THE  CONTRACTOR  OR ANY SUBCONTRACTOR THEREOF
 SHALL ENTER INTO A LABOR PEACE AGREEMENT WITH A LABOR ORGANIZATION  THAT
 REPRESENTS  RETAIL  OR  DISTRIBUTION  CENTER  EMPLOYEES IN THE STATE, IN
 CONFORMITY  WITH  THE  PROVISIONS OF SECTION TWO HUNDRED TWENTY-TWO-B OF
 THE LABOR LAW, AND THE PROVISIONS OF SUCH SECTION SHALL BE DEEMED  TERMS
 OF ALL SUCH CONTRACTS.
   2.  EXCEPT  AS PROVIDED IN PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION
 TWO HUNDRED TWENTY-TWO-B OF THE LABOR LAW,  NO  PUBLIC  AUTHORITY  SHALL
 ENTER  INTO  ANY  AGREEMENT OR CONTRACT FOR A COVERED RETAIL OR DISTRIB-
 UTION PROJECT AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION
 TWO  HUNDRED  TWENTY-TWO-B  OF  THE  LABOR  LAW  UNLESS THE AGREEMENT OR
 CONTRACT REQUIRES AS A MATERIAL CONDITION THAT THE  CONTRACTOR  AND  ANY
 SUBCONTRACTOR  THEREOF  HAS  ENTERED INTO A LABOR PEACE AGREEMENT WITH A
 LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR  ATTEMPT-
 ING TO REPRESENT RETAIL OR DISTRIBUTION CENTER EMPLOYEES IN THE STATE IN
 CONFORMITY  WITH  SECTION TWO HUNDRED TWENTY-TWO-B OF THE LABOR LAW, AND
 THE PROVISIONS OF SUCH  SECTION  SHALL  BE  DEEMED  TERMS  OF  ALL  SUCH
 CONTRACTS.
   §  3.  The  general  municipal  law is amended by adding a new section
 109-e to read as follows:
   § 109-E. LABOR  PEACE  AGREEMENTS;  COVERED  RETAIL  AND  DISTRIBUTION
 PROJECTS. 1.  NOTWITHSTANDING ANY CONTRARY PROVISION OF ANY LAW, RULE OR
 REGULATION,  BEGINNING  ON THE EFFECTIVE DATE OF THIS SECTION AND THERE-
 AFTER, ALL CONTRACTS ENTERED INTO BY AN OFFICER, BOARD OR  AGENCY  OF  A
 POLITICAL  SUBDIVISION,  OR  OF ANY DISTRICT THEREIN INVOLVING A COVERED
 RETAIL OR DISTRIBUTION PROJECT AS DEFINED IN PARAGRAPH (B)  OF  SUBDIVI-
 SION  ONE  OF  SECTION  TWO HUNDRED TWENTY-TWO-B OF THE LABOR LAW, SHALL
 INCLUDE AS A MATERIAL CONDITION THAT THE CONTRACTOR OR  A  SUBCONTRACTOR
 THEREOF  SHALL ENTER INTO A LABOR PEACE AGREEMENT WITH A LABOR ORGANIZA-
 TION THAT REPRESENTS RETAIL OR  DISTRIBUTION  CENTER  EMPLOYEES  IN  THE
 STATE  IN  CONFORMITY WITH THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-
 TWO-B OF THE LABOR LAW, AND THE PROVISIONS  OF  SUCH  SECTION  SHALL  BE
 DEEMED TERMS OF ALL SUCH CONTRACTS.
   2.  EXCEPT  AS PROVIDED IN PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION
 TWO HUNDRED TWENTY-TWO-B OF THE LABOR LAW, NO OFFICER, BOARD  OR  AGENCY
 OF  A POLITICAL SUBDIVISION, OR OF ANY DISTRICT THEREIN SHALL ENTER INTO
 ANY AGREEMENT OR CONTRACT FOR A COVERED RETAIL OR  DISTRIBUTION  PROJECT
 AS  DEFINED  IN  PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 TWENTY-TWO-B OF THE LABOR LAW UNLESS THE AGREEMENT OR CONTRACT  REQUIRES
 AS A MATERIAL CONDITION THAT THE CONTRACTOR AND ANY SUBCONTRACTOR THERE-
 OF  HAS  ENTERED  INTO A LABOR PEACE AGREEMENT WITH A LABOR ORGANIZATION
 THAT IS ACTIVELY ENGAGED IN  REPRESENTING  OR  ATTEMPTING  TO  REPRESENT
 RETAIL  OR DISTRIBUTION CENTER EMPLOYEES IN THE STATE IN CONFORMITY WITH
 SECTION TWO HUNDRED TWENTY-TWO-B OF THE LABOR LAW, AND THE PROVISIONS OF
 SUCH SECTION SHALL BE DEEMED TERMS OF ALL SUCH CONTRACTS.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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