S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8114
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06901-01-3
              

 A. 8114                             2
 
   (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,
 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.
 A. 8114                             3
 
   (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
 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.
 A. 8114                             4
 
   (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
 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:
 A. 8114                             5
 
   § 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
 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.