* § 816-b. Apprenticeship participation on construction contracts. 1.
For purposes of this section:

(a) "governmental entity" shall mean the state, any state agency, as
that term is defined in section two-a of the state finance law,
municipal corporation, commission appointed pursuant to law, school
district, district corporation, board of education, board of cooperative
educational services, soil conservation district, and public benefit
corporation; and

(b) "construction contract" shall mean any contract to which a
governmental entity may be a direct or indirect party which involves the
design, construction, reconstruction, improvement, rehabilitation,
maintenance, repair, furnishing, equipping of or otherwise providing for
any building, facility or physical structure of any kind.

2. Notwithstanding any other provision of this article, of section one
hundred three of the general municipal law, of section one hundred
thirty-five of the state finance law, of section one hundred fifty-one
of the public housing law, or of any other general, special or local law
or administrative code, in entering into any construction contract, a
governmental entity which is to be a direct or indirect party to such
contract may require that any contractors and subcontractors have, prior
to entering into such contract, apprenticeship agreements appropriate
for the type and scope of work to be performed, that have been
registered with, and approved by, the commissioner pursuant to the
requirements found in this article. Whenever utilizing this requirement,
the governmental entity may, in addition to whatever considerations are
required by law, consider the degree to which career opportunities in
apprenticeship training programs approved by the commissioner may be
provided.

* NB Effective until May 15, 2024

* § 816-b. Apprenticeship participation on certain governmental
contracts. 1. For purposes of this section:

(a) "governmental entity" shall mean the state, any state agency, as
that term is defined in section two-a of the state finance law,
municipal corporation, commission appointed pursuant to law, school
district, district corporation, board of education, board of cooperative
educational services, soil conservation district, and public benefit
corporation;

(b) "construction contract" shall mean any contract to which a
governmental entity may be a direct or indirect party which involves the
design, construction, reconstruction, improvement, rehabilitation,
maintenance, repair, furnishing, equipping of or otherwise providing for
any building, facility or physical structure of any kind; and

(c) "city governmental entity" shall mean a governmental entity that
is (i) a city with a population of one million or more inhabitants; or
(ii) a city school district or public benefit corporation operating
primarily within a city with a population of one million or more
inhabitants.

2. Notwithstanding any other provision of this article, of section one
hundred three of the general municipal law, of section one hundred
thirty-five of the state finance law, of section one hundred fifty-one
of the public housing law, or of any other general, special or local law
or administrative code, in entering into any construction contract, a
governmental entity, including any city governmental entity, that is to
be a direct or indirect party to such contract may require that any
contractors and subcontractors have, prior to entering into such
contract, apprenticeship agreements appropriate for the type and scope
of work to be performed, that have been registered with, and approved
by, the commissioner pursuant to the requirements found in this article.
A city governmental entity that is a direct or indirect party to a
contract may establish in its specifications a requirement that, in
performing the work, the contractor and its subcontractors utilize a
minimum ratio of apprentices to journey-level workers, as established by
the governmental entity but subject to any maximum ratio established by
the department, for any classification appropriate for the type and
scope of work to be performed, provided that no such minimum ratio shall
be established for labor performed pursuant to a construction contract.
Whenever utilizing these requirements, the governmental entity may, in
addition to whatever considerations are required by law, consider the
degree to which career opportunities in apprenticeship training programs
approved by the commissioner may be provided.

* NB Effective May 15, 2024 until May 15, 2029

* § 816-b. Apprenticeship participation on construction contracts. 1.
For purposes of this section:

(a) "governmental entity" shall mean the state, any state agency, as
that term is defined in section two-a of the state finance law,
municipal corporation, commission appointed pursuant to law, school
district, district corporation, board of education, board of cooperative
educational services, soil conservation district, and public benefit
corporation; and

(b) "construction contract" shall mean any contract to which a
governmental entity may be a direct or indirect party which involves the
design, construction, reconstruction, improvement, rehabilitation,
maintenance, repair, furnishing, equipping of or otherwise providing for
any building, facility or physical structure of any kind.

2. Notwithstanding any other provision of this article, of section one
hundred three of the general municipal law, of section one hundred
thirty-five of the state finance law, of section one hundred fifty-one
of the public housing law, or of any other general, special or local law
or administrative code, in entering into any construction contract, a
governmental entity which is to be a direct or indirect party to such
contract may require that any contractors and subcontractors have, prior
to entering into such contract, apprenticeship agreements appropriate
for the type and scope of work to be performed, that have been
registered with, and approved by, the commissioner pursuant to the
requirements found in this article. Whenever utilizing this requirement,
the governmental entity may, in addition to whatever considerations are
required by law, consider the degree to which career opportunities in
apprenticeship training programs approved by the commissioner may be
provided.

* NB Effective May 15, 2029