New York Laws
Article 21 - Start-Up Ny Program
437 - Mwbe and Prevailing Wage Requirements.

§ 437. MWBE and prevailing wage requirements. 1. For prevailing wage
and minority and women-owned business enterprises requirements
applicable to tax-free NY areas on state university campuses, city
university campuses and community colleges, see section three hundred
sixty-one of the education law.

2. Any contract to which a business on a strategic state asset in a
tax-free NY area is a party, and any contract entered into by a third
party acting in place of, on behalf of and for the benefit of the
business pursuant to any lease, permit or other agreement between such
third party and the business, for the construction, reconstruction,
demolition, excavation, rehabilitation, repair, renovation, alteration,
or improvement, of a project, shall be subject to all of the provisions
of article eight of the labor law, including the enforcement of
prevailing wage requirements by the fiscal officer as defined in
paragraph e of subdivision five of section two hundred twenty of the
labor law to the same extent as a contract of the state, and shall be
deemed a public work for purposes of such article.

3. Any individual, public corporation or authority, private
corporation, limited liability company or partnership or other entity
entering into a contract, subcontract, lease, grant, bond, covenant or
other agreement for a project undertaken on a strategic state asset in a
tax-free NY area shall be deemed a state agency as that term is defined
in article fifteen-A of the executive law and such contracts shall be
deemed state contracts within the meaning of that term as set forth in
such article.

4. A business on a strategic state asset in a tax-free NY area may
require a contractor awarded a contract, subcontract, lease, grant,
bond, covenant or other agreement for a project to enter into a project
labor agreement pursuant to section two hundred twenty-two of the labor
law during and for the work involved with such project when such
requirement is part of the business's request for proposals for the
project and when the business determines that the record supporting the
decision to enter into such an agreement establishes that the interests
underlying the competitive bidding laws are best met by requiring a
project labor agreement including: obtaining the best work at the lowest
possible price; preventing favoritism, fraud and corruption; the impact
of delay; the possibility of cost savings; and any local history of
labor unrest.

5. For the purposes of this section "project" shall mean capital
improvement work on a strategic state asset to be subject to any lease,
transfer or conveyance, other than conveyance of title. Such capital
improvement work shall include the design, construction, reconstruction,
demolition, excavation, rehabilitation, repair, renovation, alteration
or improvement of a strategic state asset.