§ 76-0105. Labor and job standards and worker protection.

1. All public entities involved in implementing projects funded
through the climate change adaptation cost recovery program shall assess
and implement strategies to increase employment opportunities and
improve job quality. Within one hundred twenty days of the effective
date of this section, the governor shall publish a report, accessible on
the state's website, which provides:

a. steps that will be taken to ensure compliance with this section,
including the department or office, or combination thereof, charged with
implementation of the provisions of this section;

b. regulations necessary to ensure the prioritization of the statewide
goal of creating good jobs and increasing employment opportunities; and

c. steps that will be taken with all public entities, including local
and county level governments, to implement a system to track compliance,
accept reports of non-compliance for enforcement action, and report
annually on the adoption of these standards to the legislature starting
one year from the effective date of this section.

2. For purposes of this section, "public entity" shall include the
state and all of its political subdivisions, including but not limited
to counties, municipalities, agencies, authorities, public benefit
corporations, public trusts, and local development corporations 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, a municipal corporation as defined in
section one hundred nineteen-n of the general municipal law, an
industrial development agency formed pursuant to article eighteen-A of
the general municipal law or industrial development authorities formed
pursuant to article eight of the public authorities law, and any state,
local or interstate or international authorities as defined in section
two of the public authorities law; and shall include any trust created
by any such entities.

3. In considering and issuing permits, licenses, regulations,
contracts and other administrative approvals and decisions necessary for
implementation of projects funded in whole, or in part, through the
climate change adaptation cost recovery program, all public entities
shall apply the following standards:

a. For any construction work, the payment of no less than prevailing
wages for all employees of any contractors and subcontractors,
consistent with sections two hundred twenty, two hundred twenty-a, two
hundred twenty-b, two hundred twenty-i, two hundred twenty-three, and
two hundred twenty-four-b of the labor law, and building services,
consistent with article nine of the labor law; where a recipient of
financial assistance contracts building service work or operations and
maintenance work to a building service contractor, the contractor is
held to the same obligations with respect to prevailing wages as the
recipient. The recipient must include terms establishing this obligation
within any contract signed with a contractor.

b. (i) Any public entity receiving at least five million dollars from
funds allocated pursuant to the climate change adaptation cost recovery
program 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.

(ii) Any privately owned project receiving funds allocated pursuant to
the climate change adaptation cost recovery program which utilizes a
project labor agreement on such project shall not be subject to article
eight of the labor law.

c. The inclusion of contract language requiring contractors to
establish labor harmony policies. The public entity may require a
private owner, or a third party acting on such owner's behalf, as a
condition of receiving funds pursuant to the climate change adaptation
cost recovery program, to stipulate to the public entity that it will
enter into a labor peace agreement with at least one bona fide labor
organization either where such bona fide labor organization is actively
representing employees in such job-type or, upon notice, by a bona fide
labor organization that is attempting to represent employees in such
job-type. 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 work stoppages, boycotts, and
any other economic interference with the relevant project or program.

d. (i) The inclusion of contract language with a provision that the
iron, steel, aluminum, glass, copper, manufactured products, and
construction products, including without limitation, vehicles,
omnibuses, school buses, trucks, construction equipment, earth moving
equipment, cranes, drilling equipment, rolling stock, train control
equipment, communication equipment, traction power equipment, rolling
stock prototypes, rolling stock frames, rolling stock car shells,
batteries, charging equipment, fuel cells, fueling equipment, turbines,
nacelles, blades, rotors, generators, motors, hubs, cable, conduit,
controllers, towers, photovoltaic cells, solar panels, meters,
inverters, pipe, tubing, fittings, tanks, flanges, valves, concrete,
rebar, brick, aggregate, concrete block, cement, timber, lumber, tile,
and drywall used or supplied in the performance of the contract or any
subcontract thereto, shall be produced or made in whole or substantial
part in the United States, its territories or possessions. In the case
of an iron, steel, or aluminum 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.

(ii) The provisions of subparagraph (i) of this paragraph shall not
apply in any case or category of cases in which the head of the
contracting public entity finds that: (1) applying subparagraph (i) of
this paragraph would be inconsistent with the public interest; (2)
products are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or (3)
inclusion of products produced in the United States will increase the
cost of the overall project by more than twenty-five percent. If the
head of the contracting public entity receives a request for a waiver
under this subdivision, such person shall make available to the public
on an informal basis a copy of the request and information available to
such person concerning the request, and shall allow for informal public
input on the request for at least fifteen days prior to making a finding
based on the request. The head of the contracting public entity shall
make the request and accompanying information available by electronic
means, including on the official public website of the public entity.
The provisions of subparagraph (i) of this paragraph shall not apply for
products purchased prior to the effective date of this article.

(iii) The head of the contracting public entity may, at the
contracting entity's sole discretion, provide for a solicitation of a
request for proposal, invitation for bid, or solicitation of proposal,
or any other method provided for by law or regulation for soliciting a
response from offerors intending to result in a contract pursuant to
this paragraph involving a competitive process in which the evaluation
of competing bids gives significant consideration in the evaluation
process to the procurement of equipment and supplies from businesses
located in New York state.

e. Apprenticeship and workforce development utilization: (i) wherever
possible, contractors and subcontractors should be required to
participate in apprenticeship programs, registered in accordance with
article twenty-three of the labor law, in the trades in which they are
performing work; (ii) for industries without apprenticeship programs,
the use of workforce training, preferably in conjunction with a bona
fide labor organization, shall be required; and (iii) encouragement of
registered pre-apprenticeship direct entry programs for the recruitment
of local and/or disadvantaged workers.

f. Notwithstanding any provision of law to the contrary, all rights or
benefits, including terms and conditions of employment, and protection
of civil service and collective bargaining status of all existing public
employees shall be preserved and protected. Nothing in this section
shall result in the: (i) displacement of any currently employed worker
or loss of position (including partial displacement such as a reduction
in the hours of non-overtime work, wages, or employment benefits) or
result in the impairment of existing collective bargaining agreements;
(ii) transfer of existing duties and functions related to maintenance
and operations currently performed by existing employees of authorized
entities to a contracting entity; or (iii) transfer of future duties and
functions ordinarily performed by employees of authorized entities to a
contracting entity.

4. a. Any public entity requesting bids or awarding contracts for
renewable energy projects, energy efficiency projects, or other projects
funded by the climate change adaptation cost recovery program, except
for construction projects, shall require any applicant, bidder, or
responder to submit a New York jobs plan as part of its application, bid
or response. The department of environmental conservation, in
consultation with the department of labor, shall develop all forms,
procedures, evaluation and scoring criteria, and guidance, necessary for
the implementation of the New York jobs plan. To the extent feasible,
the department of environmental conservation, in consultation with the
department of labor, shall consider the input and recommendations of
relevant public entities on the development of the New York jobs plan.

b. The New York jobs plan shall require applicants, bidders, and
responders to provide information on jobs that would result from being
awarded the bid or contract for such projects. At a minimum, this shall
include the following information for nonsupervisory positions, broken
down by classification:

(i) The number of full-time non-temporary jobs retained, and the
number to be created.

(ii) The number of positions classified as employees, as defined in
section seven hundred forty of the labor law, and positions classified
as independent contractors.

(iii) The number of jobs to be specifically reserved for individuals
facing barriers to employment and the number to be reserved for
individuals from disadvantaged communities.

(iv) The minimum wages and fringe benefits amounts to be paid.

(v) The proposed amounts for worker training and information about any
existing apprenticeship program registered with the department or a
federally recognized state apprenticeship agency that complies with the
requirements under Parts 29 and 30 of title 29, code of federal
regulations.

(vi) In the event that a federal authority specifically authorizes use
of a geographic preference or when covered public contracts are funded
exclusively through state or local funds, the New York jobs plan shall
require information on the number of local jobs to be created.

c. Awarding public entities shall require the same New York jobs plan
information to be submitted from all known subcontractors at the time of
the solicitation or bid for the project is released.

d. New York jobs plan commitments shall be included in the contract
awarded by the public entity or its contractors as a material term.

e. For non-competitive public contracts awarded under this article,
applicants, bidders, or responders shall create a New York jobs plan as
set forth in this section. For competitive public contracts, public
entities shall award contracts using a competitive best-value bid
procurement process. The applicants', bidders', or responders' New York
jobs plan shall be scored as a part of the overall application for the
public contract, awarding additional consideration to applicants,
bidders, or responders who do any of the following:

(i) Have the greatest beneficial economic impact on the state and
local economies as a result of receiving the public contract, based on
the priority criteria outlined in its New York jobs plan.

(ii) Enhance the state's commitment to energy conservation, pollution
and greenhouse gas emissions reduction, and transportation efficiency.

(iii) Retain the greatest number of full-time, non-temporary employees
compensated at a wage rate for the project jurisdiction as established
in the living wage calculator published by the Massachusetts Institute
of Technology, using the living wage rate for a household of two working
adults with two children in the jurisdiction of the project.

(iv) Make concrete commitments to creating the greatest number of
full-time, non-temporary jobs compensating employees at a wage rate at
or above the living wage rate for the project jurisdiction as
established in the living wage calculator published by the Massachusetts
Institute of Technology, using the living wage rate for a household of
two working adults with two children in the jurisdiction of the project.

(v) Commit to at least ninety percent of the labor on the contract
being performed by workers classified as employees.

(vi) Offer targeted training and opportunities for individuals facing
barriers to employment and workers from disadvantaged communities.

f. The department, in consultation with the department of labor, shall
develop a web-based portal to track New York jobs plan commitments and
compliance.

(i) All New York jobs plan commitments and compliance reporting shall
be viewable by the public, through the web-based portal.

(ii) Recipients of public contracts shall, on an annual basis, be
required to upload progress reports on each of the commitments included
in their New York jobs plan application, for the duration of the covered
public contract.

g. Noncompliance with New York jobs plan commitments would violate the
terms of the public contract. At a minimum these commitments would be
enforceable through standard breach of contract remedies, including but
not limited to, termination of the public contract.

5. Nothing set forth in this section shall be construed to impede,
infringe, or diminish the rights and benefits which accrue to employees
through bona fide collective bargaining agreements, or otherwise
diminish the integrity of the existing collective bargaining
relationship.

6. Nothing set forth in this section shall preclude a public entity
from setting additional requirements or standards in addition to those
set forth in this article.