New York Laws
Article 8 - Public Work
224-F - Wage Requirements for Certain Climate Risk-Related and Energy Transition Projects.

(i) where no less than twenty-five percent of the residential units
are affordable and shall be retained subject to an anticipated
regulatory agreement with a local, state, or federal governmental
entity, or a not-for-profit entity with an anticipated formal agreement
with a local, state, or federal governmental entity for purposes of
providing affordable housing in a given locality or region provided that
the period of affordability for a residential unit deemed affordable
under the provisions of this paragraph shall be for no less than fifteen
years from the date of construction; or
(ii) where no less than thirty-five percent of the residential units
involves the provision of supportive housing services for vulnerable
populations provided that such units are subject to an anticipated
regulatory agreement with a local, state, or federal governmental
entity.
4. As a condition of receiving funds from the New York climate action
fund climate investment account established pursuant to section
ninety-nine-qq of the state finance law for a covered climate
risk-related and energy transition project, the owner or developer of
such covered climate risk-related and energy transition project, or a
third party acting on such owner's or developer's behalf, shall agree to
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 who will be working within the covered
climate risk-related and energy transition project once built; or

b. upon notice by a bona fide labor organization that is attempting to
represent such non-construction employees.
5. For purposes of this section "labor peace agreement" means an
agreement between an owner and/or developer 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.
6. The owner or developer using funds from the New York climate action
fund climate investment account established pursuant to section
ninety-nine-qq of the state finance law for a covered climate
risk-related and energy transition project pursuant to this section
shall:
a. require the use of apprenticeship agreements as defined by article
twenty-three of this chapter; or for industries without apprenticeship
programs, require the use of workforce training, preferably in
conjunction with a bona fide labor organization; and
b. consider use of registered pre-apprenticeship direct entry programs
for the recruitment of local and/or disadvantaged workers.
7. For purposes of this section, the "fiscal officer" shall be deemed
to be the commissioner. The enforcement of any covered climate
risk-related and energy transition 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-i, 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 climate risk-related and energy
transition project as otherwise being considered public work pursuant to
this article.
8. 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.
9. For any building service work on a covered climate risk-related and
energy transition project, prevailing wage shall be paid consistent with
article nine of this chapter.
10. Any public entity receiving at least five million dollars in funds
from the New York climate action fund climate investment account
established pursuant to section ninety-nine-qq of the state finance law
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 this article.