Bill Text: NY A01915 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to requiring certain financially assisted development projects in a city with a population of one million or more to be subject to certain prevailing wage requirements.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2019-03-15 - enacting clause stricken [A01915 Detail]

Download: New_York-2019-A01915-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
        Introduced by M. of A. CRESPO -- read once and referred to the Committee
          on Labor
        AN  ACT  to amend the labor law, in relation to requiring certain finan-
          cially assisted development projects in a city with  a  population  of
          one  million or more to be subject to certain prevailing wage require-
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  220  of the labor law is amended by adding a new
     2  subdivision 10 to read as follows:
     3    10. Notwithstanding any inconsistent provision of this chapter  or  of
     4  any other general, special or local law, ordinance, charter, administra-
     5  tive  code,  or  judicial  decision  to  the contrary, construction work
     6  performed by a covered developer on a financially  assisted  development
     7  project shall be subject to this section with respect to laborers, work-
     8  ers  and  mechanics  covered  under  this  section  performing work on a
     9  covered development project.
    10    (a) Definitions. For purposes of this  section,  the  following  terms
    11  shall have the following meanings:
    12    (i) "City" means a city with a population of one million or more.
    13    (ii)  "Financially  assisted development project" means a project in a
    14  city with a population of one  million  or  more,  undertaken,  planned,
    15  overseen,  or financed by a public benefit corporation or local develop-
    16  ment corporation as defined in subdivision  eight  of  section  eighteen
    17  hundred  one  of  the public authorities law or section fourteen hundred
    18  eleven of the not-for-profit corporation law, or other economic develop-
    19  ment entity that provides or administers economic development  benefits,
    20  or  a third party on behalf of such economic development entity, for the
    21  purpose of improvement or development and/or redevelopment of real prop-
    22  erty, economic development, job retention or growth,  or  other  similar
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1915                             2
     1  purposes,  and where the development project is not covered by a project
     2  labor agreement and:
     3    (1)  is  expected to be larger than one million square feet, or larger
     4  than a total of three  hundred  residential  units  aggregated  for  the
     5  entire development project; or
     6    (2) has received or is expected to receive financial assistance from a
     7  public entity valued at fifteen million dollars or more, aggregated from
     8  all public sources; or
     9    (3)  is  developed on, or will be situated, built, erected, or used on
    10  property, owned, maintained, or leased by or to a public entity;  or  is
    11  subject  to  a  public entity's sale of air rights, or subject to public
    12  entity planning and approval of construction contracts.
    13    Provided however, financially assisted development projects shall  not
    14  include  projects approved or managed under the urban development corpo-
    15  ration act.
    16    (iii) "Covered developer" means any person or entity receiving  finan-
    17  cial  assistance  in  relation  to  a  financially  assisted development
    18  project, or any person or entity that contracts or subcontracts  with  a
    19  person  or entity receiving financial assistance in relation to a finan-
    20  cially assisted development project to perform construction work on  the
    21  financially  assisted  development project, or any assignee or successor
    22  in interest of real property that qualifies as  a  financially  assisted
    23  development project. Covered developer excludes public entities. Covered
    24  developer  shall also not include any private not-for-profit corporation
    25  for which bonds or notes are  issued  pursuant  to  titles  four  and/or
    26  four-B  of  article  eight of the public authorities law, or pursuant to
    27  the New York state medical care facilities finance agency act.
    28    (iv) "Financial assistance" is defined as:
    29    (1) the payment of money, including the issuance of bonds,  (excluding
    30  such bonds or notes issued for the benefit of any private not-for-profit
    31  corporation  pursuant  to  titles four and/or four-B of article eight of
    32  the public authorities law or bonds and notes issued pursuant to the New
    33  York state medical care facilities finance agency act) and grants  by  a
    34  public  entity or a third party acting in place of, on behalf of and for
    35  the benefit of such public entity, directly or indirectly to the  devel-
    36  oper  of  the development project, or on behalf of or for the benefit of
    37  the developer; and/or
    38    (2) performance or financing of construction work by any public entity
    39  in  furtherance  of  the  development  project,  or  for  infrastructure
    40  enhancements for the benefit of the development project, in any case for
    41  which  the  state or city is primarily responsible for payment or repay-
    42  ment; and/or
    43    (3) fees, costs, rents, lease,  insurance  or  bond  premiums,  loans,
    44  interest  rates  on  financings for which the state or city is primarily
    45  responsible for  repayment,  taxes,  or  other  obligations  that  would
    46  normally  be  required  in the execution of the project, attributable to
    47  the development project and constituting a capital work  or  purpose  as
    48  defined  in  subparagraph  four  of  section  sixty-seven-a of the state
    49  finance law, to the extent that such fees are paid, reduced, charged  at
    50  less  than  fair  market  value, waived, or forgiven by a public entity;
    51  and/or
    52    (4) money loaned by a public entity that is to be repaid on a  contin-
    53  gent basis.
    54    (v)  "Project  labor agreement" means a pre-hire collective bargaining
    55  agreement between a covered developer  and  a  labor  organization  that
    56  represents the interests of all classifications of laborers, workers and

        A. 1915                             3
     1  mechanics  as  set  forth in this section that establishes the terms and
     2  conditions of employment for the development project.
     3    (vi)  "Public  entity"  means  the state or a municipal corporation or
     4  political subdivision or agency of either, a public benefit corporation,
     5  public authority, economic development  corporation,  local  development
     6  corporation or commission, established pursuant to law.
     7    (b)  Prevailing  wage  in  financially  assisted  development projects
     8  required. (i) Covered developers shall be required to comply  with  this
     9  section  in  all  respects  for  all  financially  assisted  development
    10  projects, including, but not limited to:
    11    (1) ensuring that all workers  performing  construction  work  on  the
    12  development project are paid no less than the prevailing wage; and
    13    (2)  ensuring  that all contractors and subcontractors performing work
    14  on the development project shall comply with this section; and
    15    (3) each covered developer shall maintain original payroll records for
    16  each covered worker reflecting the days and hours worked, and the  wages
    17  paid  and benefits provided for such hours worked, and shall retain such
    18  records for at least six years after the construction work is performed.
    19  The covered developer may satisfy this requirement by  obtaining  copies
    20  of records from the employer or employers of such covered workers. Fail-
    21  ure  to  maintain  such  records  as  required shall create a rebuttable
    22  presumption that the covered workers were not paid the wages  and  bene-
    23  fits  required  under this section. Upon the request of the fiscal offi-
    24  cer, the covered developer shall provide a  certified  original  payroll
    25  record.
    26    (ii)  A  covered developer on a financially assisted project receiving
    27  or expecting to receive financial assistance valued at less than fifteen
    28  million dollars aggregated from all public sources, and a total  of  all
    29  residential  units  of three hundred units or less, including affordable
    30  and non-affordable units, may apply to the director of the  division  of
    31  budget  for  an  exemption  from  the  requirements of this subdivision.
    32  Covered development projects with a  total  of  residential  units  over
    33  three  hundred  are  not  eligible for an exemption. The director of the
    34  division of budget may,  upon  consultation  with  the  commissioner  of
    35  labor,  take  into consideration the nature and type of development, the
    36  funding estimated for the project, the complexity  of  the  work  to  be
    37  performed,  the  existence  of  apprenticeship  and/or  safety  training
    38  programs in the area and their relation to the  project,  the  size  and
    39  composition  of  the  labor  pool and unemployment rate in the area, and
    40  other factors deemed relevant by the  commissioner  in  determining  the
    41  application  for  an  exemption.  In  the event the financial assistance
    42  awarded  the  development  project  ultimately  exceeds  thirty  million
    43  dollars,  the  director  of  the  division  of  budget  may withdraw the
    44  exemption for the remainder of the development project.
    45    (iii) Any person claiming to be  aggrieved  by  a  violation  of  this
    46  section  shall  have  a cause of action against the covered developer in
    47  any court of competent  jurisdiction  for  damages,  including  punitive
    48  damages,  and  for  injunctive  relief and such other remedies as may be
    49  appropriate. In an action brought by a  covered  worker,  if  the  court
    50  finds in favor of the covered worker, it shall award the covered worker,
    51  in  addition  to  other  relief,  his/her reasonable attorneys' fees and
    52  costs.
    53    (1) A civil action commenced under this section shall be commenced  in
    54  accordance with the civil practice law and rules.

        A. 1915                             4
     1    (2) No procedure or remedy set forth in this section is intended to be
     2  exclusive  or a prerequisite for asserting a claim for relief to enforce
     3  any rights in a court of law.
     4    (3) In the event that any requirement or provision of this section, or
     5  its application to any person or circumstance, should be held invalid or
     6  unenforceable by any court of competent jurisdiction, such holding shall
     7  not  invalidate  or  render  unenforceable  any  other  requirements  or
     8  provisions of this section, or the application  of  the  requirement  or
     9  provision held unenforceable to any other person or circumstance.
    10    §  2. This act shall take effect immediately and shall apply to finan-
    11  cially assisted development projects funded on or  after  the  effective
    12  date  of  this act; and shall exclude such financially assisted projects
    13  with contracts that have been previously awarded  as  of  the  effective
    14  date  of  this  act; and shall apply to the construction activities that
    15  commence thirty days after the effective date of this  act  on  existing
    16  financially assisted development projects.