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This entry was published on 2022-04-22
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SECTION 224-E
Wage requirements for certain broadband projects
Labor (LAB) CHAPTER 31, ARTICLE 8
§ 224-e. Wage requirements for certain broadband projects. 1. For
purposes of this section, a "covered broadband project" means a
broadband project funded by programs established pursuant to
subdivisions seven and eight of section sixteen-gg of the New York state
urban development corporation act.

2. Notwithstanding the provisions of section two hundred twenty-four-a
of this article, a covered broadband project shall be subject to
prevailing wage requirements in accordance with sections two hundred
twenty and two hundred twenty-b of this article, provided that a covered
broadband project may still otherwise be considered a covered project
pursuant to section two hundred twenty-four-a of this article if it
meets the definition therein.

3. For purposes of this section, the "fiscal officer" shall be deemed
to be the commissioner. The enforcement of any covered broadband project
under this section shall be subject to the requirements of sections two
hundred twenty, two hundred twenty-a, two hundred twenty-b, two hundred
twenty-three, two hundred twenty-four-b of this article, and section two
hundred twenty-seven of this chapter and within the jurisdiction of the
fiscal officer; provided, however, nothing contained in this section
shall be deemed to construe any covered broadband project as otherwise
being considered public work pursuant to this article.

4. The fiscal officer may issue rules and regulations governing the
provisions of this section. Violations of this section shall be grounds
for determinations and orders pursuant to section two hundred twenty-b
of this article.

5. Each owner and developer subject to the requirements of this
section shall comply with the objectives and goals of certified minority
and women-owned business enterprises pursuant to article fifteen-A of
the executive law and certified service-disabled veteran-owned
businesses pursuant to article seventeen-B of the executive law. The
department in consultation with the directors of the division of
minority and women's business development and of the division of
service-disabled veterans' business development shall make training and
resources available to assist minority and women-owned business
enterprises and service-disabled veteran-owned business enterprises
undertaking covered broadband projects to achieve and maintain
compliance with prevailing wage requirements. The department shall make
such training and resources available online and shall afford minority
and women-owned business enterprises and service-disabled veteran-owned
business enterprises an opportunity to submit comments on such training.

6. (a) The fiscal officer shall report to the governor, the temporary
president of the senate, and the speaker of the assembly by July first,
two thousand twenty-three and annually thereafter, on the participation
of minority and women-owned business enterprises undertaking covered
broadband projects subject to the provisions of this section as well as
the diversity practices of contractors and subcontractors employing
workers on such projects.

(b) Such reports shall include aggregated data on the utilization and
participation of minority and women-owned business enterprises, the
employment of minorities and women in construction-related jobs on such
projects, and the commitment of contractors and subcontractors on such
projects to adopting practices and policies that promote diversity
within the workforce. The reports shall also examine the compliance of
contractors and subcontractors with other equal employment opportunity
requirements and anti-discrimination laws, in addition to any other
employment practices deemed pertinent by the commissioner.

(c) The fiscal officer may require any owner or developer to disclose
information on the participation of minority and women-owned business
enterprises and the diversity practices of contractors and
subcontractors involved in the performance of any covered broadband
project. It shall be the duty of the fiscal officer to consult and to
share such information in order to effectuate the requirements of this
section.