Bill Text: NY A02057 | 2021-2022 | General Assembly | Amended


Bill Title: Enacts the "roadway excavation quality assurance act"; relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.

Spectrum: Moderate Partisan Bill (Democrat 38-8)

Status: (Introduced) 2021-05-05 - print number 2057a [A02057 Detail]

Download: New_York-2021-A02057-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2057--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M. of A. REYES, DINOWITZ, McMAHON, LAVINE, JOYNER, CRUZ,
          BARNWELL, WALLACE, SEAWRIGHT, GOTTFRIED,  DeSTEFANO,  SIMON,  SCHMITT,
          RODRIGUEZ,  OTIS,  JACOBSON,  CARROLL,  L. ROSENTHAL,  STECK, DICKENS,
          GUNTHER,  BRABENEC,  DAVILA,  STERN,  GALLAGHER,  SILLITTI,   BRONSON,
          BARRON,  BURDICK,  THIELE,  DE LA ROSA, BRAUNSTEIN, EPSTEIN, GANDOLFO,
          DURSO, JACKSON, ENGLEBRIGHT, LAWLER, SEPTIMO, DARLING, MAMDANI, ZINER-
          MAN -- Multi-Sponsored by -- M.  of  A.  CAHILL,  LUPARDO,  McDONOUGH,
          B. MILLER  --  read  once  and  referred  to the Committee on Labor --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to  amend  the  labor law, in relation to enacting the "roadway
          excavation quality assurance act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "roadway excavation quality assurance act".
     3    § 2. The labor law is amended by adding a new section 28  to  read  as
     4  follows:
     5    §  28.  Workers  on  excavations.  1.  All  utility companies or their
     6  contractors, to whom a permit may be issued by the state, a county or  a
     7  municipality  to  use,  excavate, or open a street, shall be required to
     8  pay not less than the prevailing rate of wage in the same trade or occu-
     9  pation in the locality within the state where such project  is  situated
    10  to  each  laborer,  worker,  mechanic,  or operator in the employ of the
    11  utility company or its contractors performing work on  the  project  for
    12  which  such  permit was issued. The prevailing rate of wage for the type
    13  and scope of work performed on a project for which  a  permit  shall  be
    14  issued  shall  be  established by the fiscal officer pursuant to section
    15  two hundred twenty of this chapter.  No permit shall be issued until  an
    16  agreement  confirming  the  payment of wages as required by this section
    17  has been contractually mandated and filed with  the  appropriate  state,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00123-05-1

        A. 2057--A                          2

     1  county  or  municipal agency, and all permits issued after the effective
     2  date of this section shall include therein a copy of this section.  When
     3  permits are issued to utility companies or their contractors, the  power
     4  to enforce the terms of this section shall be vested with the department
     5  consistent  with  the  provisions  of section two hundred twenty of this
     6  chapter.
     7    2. Notwithstanding the provisions of any  general,  special  or  local
     8  law, or judicial decision to the contrary, a utility company may require
     9  contractors  or  subcontractors  of any tier awarded a contract, subcon-
    10  tract, or other agreement for a project subject to this  section  to  be
    11  performed  under  a pre-hire collective bargaining agreement between the
    12  utility company or its contractors and subcontractors and  a  bona  fide
    13  building and construction trade labor organization which has established
    14  itself  as  the collective bargaining representative for laborers, work-
    15  ers, mechanics, or operators who will perform work on  such  a  project,
    16  and  which  provides that only contractors and subcontractors who sign a
    17  pre-negotiated agreement with the labor organization can perform work on
    18  such a project, or construction  work  performed  under  a  labor  peace
    19  agreement,  project  labor  agreement,  or  any  other construction work
    20  performed under an enforceable agreement between a  utility  company  or
    21  contractor  and a bona fide building and construction trade labor organ-
    22  ization.
    23    § 3. This act shall take effect on the thirtieth day  after  it  shall
    24  have become a law.
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