§ 224-c. Public subsidy board. 1. A board on public subsidies,
hereinafter "the board", is hereby created, to consist of thirteen
members. The thirteen members shall be appointed by the governor as
follows: one member upon the recommendation of the temporary president
of the senate, one member upon the recommendation of the speaker of the
assembly, the commissioner, the president of the empire state
development corporation, the director of the division of the budget, two
members representing employees in the construction industry, of whom one
shall be a representative of the largest statewide trade labor
association representing building and construction workers, and one
shall be a representative of the largest trade labor association
representing building and construction workers with membership in New
York City, and two members representing employers in the construction
industry, of whom one shall be a representative of the largest statewide
organization representing building owners and developers, either
for-profit or not-for-profit, and one shall be a representative of a
statewide organization representing building owners and developers,
either for-profit or not-for-profit, representing a region different
than the region primarily represented by the initial employer
representative. The commissioner shall act as the chair. The members
shall serve at the pleasure of the authority recommending, designating,
or otherwise appointing such member and shall serve without salary or
compensation but shall be reimbursed for necessary expenses incurred in
the performance of their duties.

2. The board shall meet on an as needed basis and shall have the power
to conduct public hearings. The board may also consult with employers
and employees, and their respective representatives, in the construction
industry and with such other persons, including the commissioner, as it
shall determine. No public officer or employee appointed to the board
shall forfeit any position or office by virtue of appointment to such
board. Any proceedings of the board which relate to a particular
individual or project shall be confidential.

3. The board may examine and make recommendations regarding the
following:

(a) the minimum threshold percentage of public funds set forth in
subdivision one of section two hundred twenty-four-a of this article,
but no lower than that which is set forth in such subdivision;

(b) the minimum dollar threshold of projects set forth in subdivision
one of section two hundred twenty-four-a of this article, but no lower
than that which is set forth in such subdivision;

(c) construction work excluded as a covered project, as set forth in
subparagraphs (i), (ii) and (iii) of paragraph c of subdivision four of
section two hundred twenty-four-a of this article;

(d) the definition of construction for purposes of section two hundred
twenty-four-a of this article; or

(e) particular instances of benefits, monies or credits as to whether
or not they should constitute public funds.

4. Prior to making any recommendation intended to apply to all
projects, the board shall hold a public hearing. The board shall
announce each public hearing at least fifteen days in advance. The
announcement shall contain an agenda of the topics the board will
discuss. At each hearing, the board may hear testimony and/or review
written documents from any interested stakeholders related to the
planned agenda of the meeting. The board shall make any such
recommendations in writing. In making its recommendations, the board
shall examine the impact of such thresholds and circumstances on private
development in light of available public subsidies, existing labor
market conditions, prevailing wage and supplement practices, and shall
consider the extent to which adjustments to such thresholds and
circumstances could ameliorate adverse impacts, if any, or expand
opportunities for prevailing wage and supplement standards on publicly
subsidized private construction projects in any region or regions of the
state.

5. The board shall be empowered to issue binding determinations to any
public entity, or any private or not-for-profit owner or developer as to
any particular matter related to an existing or potential covered
project. In such instances the board shall make a determination based
upon documents, or testimony, or both in its sole discretion. Any such
proceedings shall be confidential, except that publication of such
decisions shall be made available on the department's website, subject
to redaction or confidentiality as the board shall deem warranted in
accordance with any applicable federal or state statutory or regulatory
requirement governing confidentiality and personal privacy.

6. Any recommendation rendered by the board pursuant to this section
shall be subject to the provisions of article seventy-eight of the civil
practice law and rules.

7. In the event that the board finds that there is or likely would be
a significant negative economic impact of implementing the prevailing
wage requirements provided for in section two hundred twenty-four-a of
this article, the board may temporarily delay the implementation of such
requirements beyond January first, two thousand twenty-two. Such a delay
may be effective statewide or effective only in a region of the state as
defined by the regional economic development councils. In making such a
determination to delay, the board shall consult the department, the
department's division of research and statistics, the United States
department of labor, the federal reserve bank of New York and other
economic experts. The board will reference well-established economic
indexes and accepted economic factors tied to the construction industry,
including but not limited to construction industry employment, wages,
and overall construction activity.