Amd §§27-1407 & 27-1409, En Con L; add §224-g, Lab L
Relates to prevailing wage requirements applicable to brownfield remediation work performed under private contract as it relates to certain remediation activities, for sites that are seeking or have received a determination that the site is eligible for the tangible property credit component of the brownfield redevelopment tax credit, and the work is paid for in whole or in part by public funds.
STATE OF NEW YORK
________________________________________________________________________
5379
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sens. HARCKHAM, BAILEY, BROUK, COMRIE, COONEY, FERNANDEZ,
GONZALEZ, GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON, LIU, MARTINEZ,
MATTERA, MAY, MAYER, MURRAY, PALUMBO, RAMOS, RHOADS, RIVERA, S. RYAN,
SANDERS, SCARCELLA-SPANTON, SEPULVEDA, SKOUFIS, STAVISKY, WEBB, WEBER
-- read twice and ordered printed, and when printed to be committed to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the labor law, in
relation to prevailing wage requirements applicable to brownfield
remediation work performed under private contract
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of subdivision 1-a of section 27-1407
2 of the environmental conservation law, as added by section 3 of part BB
3 of chapter 56 of the laws of 2015, is amended to read as follows:
4 Sites are not eligible for tangible property tax credits if: (a) the
5 contamination from ground water or soil vapor is solely emanating from
6 property other than the site subject to the present application; or (b)
7 the department has determined that the property has previously been
8 remediated pursuant to titles nine, thirteen and fourteen of this arti-
9 cle, title five of article fifty-six of this chapter and article twelve
10 of the navigation law such that it may be developed for its then
11 intended use; or (c) not in compliance with section two hundred twenty-
12 four-g of the labor law.
13 § 2. Paragraphs (c) and (d) of subdivision 8 of section 27-1407 of the
14 environmental conservation law, as amended by section 3 of part A of
15 chapter 577 of the laws of 2004, are amended and a new paragraph (e) is
16 added to read as follows:
17 (c) there is an order providing for the investigation, removal, or
18 remediation of contamination relating to the brownfield site against the
19 person who is requesting participation; [or]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05827-01-5
S. 5379 2
1 (d) [The] the person requesting participation is subject to an
2 outstanding claim as provided in subdivision four of this section[.]; or
3 (e) the person requesting participation does not demonstrate compli-
4 ance with section two hundred twenty-four-g of the labor law.
5 § 3. Subdivision 5 of section 27-1409 of the environmental conserva-
6 tion law, as amended by section 4 of part A of chapter 577 of the laws
7 of 2004, is amended to read as follows:
8 5. One authorizing the department to terminate a brownfield site
9 cleanup agreement at any time during the implementation of such agree-
10 ment if the applicant implementing such agreement fails to substantially
11 comply with such agreement's terms and conditions, including the
12 prevailing wage requirements of section two hundred twenty-four-g of the
13 labor law;
14 § 4. The labor law is amended by adding a new section 224-g to read as
15 follows:
16 § 224-g. Prevailing wage requirements applicable to brownfield remedi-
17 ation work performed under private contract. 1. Subject to the
18 provisions of this section, covered brownfield remediation work shall be
19 subject to prevailing wage requirements in accordance with sections two
20 hundred twenty and two hundred twenty-b of this article as it relates to
21 the following remediation activities: (a) all construction activities
22 including without limitation grading, contouring, trenching, grouting,
23 capping, excavating, incinerating, thermally treating, chemically treat-
24 ing, biologically treating, constructing leachate collection and treat-
25 ment systems or application of innovative technologies approved by the
26 department; (b) interim remedial measures; and (c) restoration of the
27 environment. Remediation activities which are as defined in paragraph
28 (a), (b), (e), (g), or (h) of subdivision five of section 27-1405 of the
29 environmental conservation law shall not be subject to prevailing wage
30 requirements in accordance with this section.
31 2. A project shall be deemed a "covered brownfield remediation work"
32 where: (a) the site is seeking or has received a determination that the
33 site is eligible for the tangible property credit component of the
34 brownfield redevelopment tax credit pursuant to paragraph three of
35 subdivision (a) of section twenty-one of the tax law; and (b) where the
36 work is paid for in whole or in part by public funds, where the amount
37 of all such public funds, when aggregated, is at least thirty percent of
38 the total construction project costs and where such project costs are
39 over five million dollars.
40 3. (a) For purposes of this section, "paid for in whole or in part out
41 of public funds" shall mean any of the following:
42 (i) The payment of money, by a public entity, or a third party acting
43 on behalf of and for the benefit of a public entity, directly to or on
44 behalf of the contractor, subcontractor, developer or owner that is not
45 subject to repayment;
46 (ii) The savings achieved from fees, rents, interest rates, or other
47 loan costs, or insurance costs that are lower than market rate costs;
48 savings from reduced taxes as a result of tax credits, tax abatements,
49 tax exemptions or tax increment financing; savings from payments in lieu
50 of taxes; and any other savings from reduced, waived, or forgiven costs
51 that would have otherwise been at a higher or market rate except for the
52 involvement of the public entity;
53 (iii) Money loaned by the public entity that is to be repaid on a
54 contingent basis;
55 (iv) Credits that are applied by the public entity against repayment
56 of obligations to the public entity; or
S. 5379 3
1 (v) Benefits under section four hundred sixty-seven-m of the real
2 property tax law.
3 (b) For purposes of this section, "public entity" shall include, but
4 shall not be limited to, the state, a local development corporation as
5 defined in subdivision eight of section eighteen hundred one of the
6 public authorities law or section fourteen hundred eleven of the not-
7 for-profit corporation law, a municipal corporation as defined in
8 section one hundred nineteen-n of the general municipal law, an indus-
9 trial development agency formed pursuant to article eighteen-A of the
10 general municipal law or industrial development authorities formed
11 pursuant to article eight of the public authorities law, and any state,
12 local or interstate or international authorities as defined in section
13 two of the public authorities law; and shall include any trust created
14 by any such entities.
15 4. For purposes of this section "covered brownfield remediation work"
16 shall not include the following: (a) Construction work performed under a
17 pre-hire collective bargaining agreement between an owner or contractor
18 and a bona fide building and construction trade labor organization which
19 has established itself as the collective bargaining representative for
20 all persons who will perform work on such a project, and which provides
21 that only contractors and subcontractors who sign a pre-negotiated
22 agreement with the labor organization can perform work on such a
23 project, or construction work performed under a labor peace agreement,
24 project labor agreement, or any other construction work performed under
25 an enforceable agreement between an owner or contractor and a bona fide
26 building and construction trade labor organization; or
27 (b) an affordable housing project as defined in subdivision twenty-
28 nine of section 27-1405 of the environmental conservation law.
29 5. Upon request of the commissioner, the department of environmental
30 conservation shall provide site information, including total
31 construction project costs and project costs, to the commissioner.
32 6. For purposes of this section, the "fiscal officer" shall be deemed
33 to be the commissioner. The enforcement of any covered brownfield reme-
34 diation work pursuant to this section shall be subject to the require-
35 ments of sections two hundred twenty, two hundred twenty-a, two hundred
36 twenty-b, two hundred twenty-i, two hundred twenty-three, two hundred
37 twenty-four-b, and two hundred twenty-seven of this chapter and within
38 the jurisdiction of the fiscal officer; provided, however, nothing
39 contained in this section shall be deemed to construe any covered brown-
40 field remediation work as otherwise being considered public work pursu-
41 ant to this article.
42 7. The fiscal officer may issue rules and regulations governing the
43 provisions of this section. Violations of this section shall be grounds
44 for determinations and orders pursuant to section two hundred twenty-b
45 of this article.
46 8. Each owner and developer subject to the requirements of this
47 section shall comply with the objectives and goals of certified minority
48 and women-owned business enterprises pursuant to article fifteen-A of
49 the executive law and certified service-disabled veteran-owned busi-
50 nesses pursuant to article three of the veterans' services law. The
51 department in consultation with the commissioner of the division of
52 minority and women's business development and the director of the divi-
53 sion of service-disabled veterans' business development shall make
54 training and resources available to assist minority and women-owned
55 business enterprises and service-disabled veteran-owned business enter-
56 prises on covered brownfield remediation work to achieve and maintain
S. 5379 4
1 compliance with prevailing wage requirements. The department shall make
2 such training and resources available online and shall afford minority
3 and women-owned business enterprises and service-disabled veteran-owned
4 business enterprises an opportunity to submit comments on such training.
5 9. (a) The fiscal officer shall report to the governor, the temporary
6 president of the senate, and the speaker of the assembly by July first,
7 two thousand twenty-six, and annually thereafter, on the participation
8 of minority and women-owned business enterprises in relation to covered
9 brownfield remediation work subject to the provisions of this section as
10 well as the diversity practices of contractors and subcontractors
11 employing laborers, workers, and mechanics on such projects.
12 (b) Such reports shall include aggregated data on the utilization and
13 participation of minority and women-owned business enterprises, the
14 employment of minorities and women in construction-related jobs on such
15 projects, and the commitment of contractors and subcontractors on such
16 projects to adopting practices and policies that promote diversity with-
17 in the workforce. The reports shall also examine the compliance of
18 contractors and subcontractors with other equal employment opportunity
19 requirements and anti-discrimination laws, in addition to any other
20 employment practices deemed pertinent by the commissioner.
21 (c) The fiscal officer may require any owner or developer to disclose
22 information on the participation of minority and women-owned business
23 enterprises and the diversity practices of contractors and subcontrac-
24 tors involved in the performance of any covered brownfield remediation
25 work. It shall be the duty of the fiscal officer to consult and to
26 share such information in order to effectuate the requirements of this
27 section.
28 § 5. This act shall take effect on the first of January next succeed-
29 ing the date on which it shall have become a law and shall apply to all
30 requests for participation received pursuant to section 27-1407 of the
31 environmental conservation law received on or after such date.
