§ 58-1301. Labor standards.

1. Projects funded pursuant to this article shall require compliance
with prevailing wage requirements pursuant to section two hundred twenty
of the labor law.

2. Any state entity or municipality receiving at least twenty-five
million dollars ($25,000,000) from funds allocated pursuant to this
article for a project costing greater than fifty million dollars
($50,000,000) shall require use of apprenticeship agreements as defined
by article twenty-three of the labor law.

3. (a) Any state entity or municipality receiving at least twenty-five
million dollars ($25,000,000) from funds allocated pursuant to this
article for a project which involves the construction, reconstruction,
alteration, maintenance, moving, demolition, excavation, development or
other improvement of any building, structure or land, shall be subject
to section two hundred twenty-two of the labor law.

(b) Any privately owned project receiving funds allocated pursuant to
this title which utilizes a project labor agreement on such project
shall not be subject to article eight of the labor law.

4. If determined applicable, a municipality or state entity may
require that the private owner of a project, or a third party acting on
the owner's behalf, enter into a labor peace agreement with at least one
bona fide labor organization either: (a) where such bona fide labor
organization is actively representing non-construction employees; or (b)
upon notice by a bona fide labor organization that is attempting to
represent non-construction employees. For purposes of this section
"labor peace agreement" means an agreement between an entity and labor
organization that, at a minimum, protects the state's proprietary
interests by prohibiting labor organizations and members from engaging
in picketing, work stoppages, boycotts, and any other economic
interference.

5.(a) Any municipality or state entity, or a third party acting on
behalf and for the benefit of the municipality or state entity, in each
contract for construction, reconstruction, alteration, repair,
improvement or maintenance of a project receiving funds under this
article that is a public work, shall ensure that such contract contains
a provision that the structural iron and structural steel used or
supplied in the performance of the contract or any subcontract thereto
and that is permanently incorporated into the public work, shall be
produced or made in whole or substantial part in the United States, its
territories or possessions. In the case of a structural iron or
structural steel product, all manufacturing must take place in the
United States, from the initial melting stage through the application of
coatings, except metallurgical processes involving the refinement of
steel additives. For the purposes of this subdivision, "permanently
incorporated" shall mean an iron or steel product that is required to
remain in place at the end of the project contract, in a fixed location,
affixed to the public work to which it was incorporated. Iron and steel
products that are capable of being moved from one location to another
are not permanently incorporated into a public work.

(b) The provisions of paragraph (a) of this subdivision shall not
apply if the head of the department, agency, or municipal entity
constructing the public work, in his or her sole discretion, determines
that the provisions would not be in the public interest, would result in
unreasonable costs, or that obtaining such steel or iron in the United
States would increase the cost of the contract by an unreasonable
amount, or such iron or steel, including without limitation structural
iron and structural steel, cannot be produced or made in the United
States in sufficient and reasonably available quantities and of
satisfactory quality.