New law requires apprenticeship agreements for county construction contracts.

PUBLIC NOTICE LOCAL LAW INTRO No.144 – 2026 A Local Law, the true copy of which appears below, was adopted by the Westchester County Board of Legislators in a session on April 20, 2026. This Local Law, Local Law Intro No. 144-2026, changes the provision of law relating to public bidding and/or contracts, and is therefore subject to the provisions of Sections 209.171(2) and 209.181 of the Laws of Westchester County, providing for a permissive referendum. A copy of such Local Law is available for inspection during regular business hours in the Office of the Clerk of the Westchester County Board of Legislators, 8th Floor, Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601. MALIKA VANDERBERG Clerk and Chief Administrative Officer of the Westchester County Board of Legislators Dated: May 1, 2026 White Plains, New York LOCAL LAW INTRO. NO. 144 -2026 A Local Law adding a new Chapter 309 to the Laws of Westchester County to require that County contractors and subcontractors have in place apprenticeship agreements appropriate for the type and scope of work to be performed, that have been registered with the New York State Commissioner of Labor. BE IT ENACTED by the County Board of the County of Westchester as follows: Section 1. Chapter 309 of the Laws of Westchester County is hereby added to read as follows: CHAPTER 309 APPRENTICESHIP AGREEMENTS REQUIRED FOR COUNTY CONSTRUCTION CONTRACTS § 309.01. Legislative Intent. § 309.11. Definitions. § 309.21. Requirement of Apprenticeship Agreements for Construction Contracts. § 309.31. Additional Considerations Permissible. § 309.41. Proof of Participation and Apprentice Completion Rates. § 309.51. Certified Payroll. § 309.61. Applicability. § 309.71. Sanctions and Remedies. § 309.81. Copy of Law Provided. § 309.91. Severability. § 309.01. Legislative Intent. The County Board of Legislators recognizes that the New York State Legislature has declared it the public policy of the State of New York to develop sound apprenticeship training standards and to encourage labor and industry to participate in apprenticeship programs. Section 816-b of the New York State Labor Law authorizes governmental entities—like the County—that are direct or indirect parties to a construction contract to require contractors and subcontractors to have apprenticeship agreements in place that are appropriate for the type and scope of work to be performed, and that have been registered with by the New York State Commissioner of Labor pursuant to Article 23 of the Labor Law. The County Board finds that New York State registered apprenticeship programs provide valuable educational and training tools for County residents, and may facilitate the ability of County residents to obtain skilled jobs. The County Board finds that it would be valuable to encourage local businesses to participate in such state registered apprenticeship programs, in order to meet the need for skilled trade persons, while providing residents with the means to earn a better living. New York State–approved apprenticeship programs also encourage equal opportunity for apprentices and applicants for apprenticeship, consistent with state and federal regulations, in order to enhance workforce development and diversification, and to prevent exclusionary practices. See 12 N.Y.C.R.R. 600.4; see also 29 C.F.R. pt. 30. § 309.11. Definitions. A. “Apprenticeship Agreement” means: (1) an individual written agreement between an employer and an apprentice; (2) a written agreement between an employer or an association of employers, and an organization of employees describing conditions of employment for apprentices; or (3) a written statement describing conditions of employment for apprentices in a plant or plants where there is no bona fide employee organization. B. “Commissioner” means the Commissioner of the Department of Public Works and Transportation. C. “Construction Contract” means any contract to which the County or any of its departments or agencies may be a direct or indirect party which involves the construction, reconstruction, improvement, rehabilitation, repair, furnishing, equipping of or otherwise providing for any building, facility, or physical structure in excess of $250,000. A public entity need not be party to the Construction Contract. A Construction Contract includes: projects that Westchester County funds directly; projects that Westchester County funds indirectly by providing funds to a separate entity to perform the construction-type activity; privately financed construction projects specifically built with the intent of leasing the entire property to any agency or department of Westchester County government; and construction projects built under Westchester County’s direction and later paid for with Westchester County funds. D. “Contractor” means any bidder for, or awardee of, a Construction Contract, as defined in this section, obtained through competitive bidding procedures. E. “Date of Award of the Construction Contract” means the date that the Construction Contract has been approved by the Board of Acquisition and Contract. F. “Subcontract” means any agreement between Contractors or any agreement between a Contractor and any person or entity under which any portion of the Contractor’s obligation is performed, undertaken or assumed. G. “Subcontractor” means an individual, sole proprietorship, partnership, joint venture or corporation which is engaged by a Contractor or another subcontractor pursuant to a Construction Contract. § 309.21. Requirement of Apprenticeship Agreements for Construction Contracts. A. A Contractor shall have in place at the time of submission of a bid for a Construction Contract an Apprenticeship Agreement appropriate for the type and scope of work to be performed. Such Apprenticeship Agreement shall be registered with the New York State Commissioner of Labor pursuant to the requirements found in Article 23 of the New York State Labor Law. B. A Contractor shall provide each Subcontractor with notice of the requirements for Apprenticeship Agreements as appropriate, and a copy of this Local Law, at the time of the execution of each respective Subcontract. C. A Subcontractor shall have in place within ninety (90) days of the Date of the Award of a Construction Contract an Apprenticeship Agreement appropriate for the type and scope of work to be performed. Such Apprenticeship Agreement shall be registered with the New York State Commissioner of Labor pursuant to the requirements found in Article 23 of the New York State Labor Law. D. This provision shall not apply to Contractors or Subcontractors engaged in occupations which are not registered as apprenticeable by the New York State Commissioner of Labor. E. This provision shall not apply to emergency procurements entered into pursuant to section 103 of the New York State General Municipal Law and section 167.171 of the Laws of Westchester County. F. The Commissioner is authorized to enact rules and regulations as may be deemed necessary for the implementation of this Chapter. This authority shall not include providing any further exemptions to the requirements of this Chapter, which are not already stated herein. § 309.31. Additional Considerations Permissible. The County, in addition to whatever considerations are required by law, may consider the degree to which career opportunities in apprenticeship training programs approved by the New York State Commissioner of Labor may be provided. § 309.41. Proof of Participation and Apprentice Completion Rates. A. Any prospective Contractor shall submit with their Construction Contract bid: 1. proof of an Apprenticeship Agreement; 2. most recently available certificates of completion, which show that each of the Contractor’s applicable registered apprenticeship programs has an apprentice completion rate of at least thirty percent (30%) as determined by the New York State Department of Labor; and 3. a certification that it shall fulfill its obligations under Section 309.21(B) of this Chapter. B. Within ninety (90) days of the Date of the Award of the Construction Contract, the Contractor shall submit to the Commissioner, for all Subcontractors under the Construction Contract: 1. proof of each Subcontractor’s Apprenticeship Agreement(s); and 2. certificates of completion, which show that each of the Subcontractor’s applicable registered apprenticeship programs has an apprentice completion rate of at least thirty percent (30%) as determined by the New York State Department of Labor. C. Completion Rate Exemptions. 1. A registered apprenticeship program, under which any Apprenticeship Agreement is executed, shall be exempt from the completion rate requirements of § 309.41(A)(2) and § 309.41(B)(2) where that apprenticeship program: i. is still in its probation period with the State Department of Labor, consistent with 12 N.Y.C.R.R. ch. IX, pt. 601; or ii. is within one year of the projected completion date of