New York State has expanded it prevailing wage law to include private projects worth $5 million or more and that have received public subsidies of at least 30% of total construction costs.
Gov. Andrew Cuomo signed the provision as part of the fiscal year 2021 budget on April 3. The definition of public subsidy includes:
· Direct or indirect payments by a public entity to contractors, subcontractors, developers, or owners that do not have to be repaid
· Savings from fees, rents, interest rates, other loan costs or insurance costs that are below market rate
· Savings from tax credits, tax abatements, tax exemptions, tax increment financing and payments in lieu of taxes
· Any other cost savings due to the involvement of a public entity
· Loans that are to be repaid on a contingent basis, and credits against loan repayments or other obligations.
There are exemptions such as tax credits for brownfield remediation and redevelopment. Projects not covered under the new law include owner-occupied single- or two-family dwellings, properties of four dwellings or less, certain not-for-profit projects, construction work performed under select pre-hire collective-bargaining agreements, projects funded by the state’s Urban Development Corporation Act or Downtown Revitalization Initiative, and certain school, historic, and renewable energy projects.
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