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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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, excavate, or open a street is required to be issued.

Spectrum: Moderate Partisan Bill (Democrat 46-9)

Status: (Introduced - Dead) 2022-02-08 - print number 2057b [A02057 Detail]

Download: New_York-2021-A02057-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2057

                               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 -- Multi-Sponsored by -- M.  of  A.  CAHILL,
          LUPARDO -- read once and referred to the Committee on Labor

        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, or mechanic in the employ of the utility compa-
    11  ny  or  its  contractors  performing  work on the project for which such
    12  permit was issued. The prevailing rate of wage for the type and scope of
    13  work performed on a project for which a permit shall be issued shall  be
    14  established by the fiscal officer pursuant to section two hundred twenty
    15  of  this chapter.  No permit shall be issued until an agreement confirm-
    16  ing the payment of wages as required by this section has been contractu-
    17  ally mandated and filed with the appropriate state, county or  municipal
    18  agency,  and all permits issued after the effective date of this section
    19  shall include therein a copy of this section.  When permits  are  issued
    20  to  utility  companies  or  their  contractors, the power to enforce the
    21  terms of this section shall be vested  with  the  department  consistent
    22  with the provisions of section two hundred twenty of this chapter.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00123-03-1
        A. 2057                             2

     1    2.  Notwithstanding  the  provisions  of any general, special or local
     2  law, or judicial decision to the contrary, a utility company may require
     3  contractors or subcontractors of any tier awarded  a  contract,  subcon-
     4  tract,  or  other  agreement for a project subject to this section to be
     5  performed  under  a pre-hire collective bargaining agreement between the
     6  utility company or its contractors and subcontractors and  a  bona  fide
     7  building and construction trade labor organization which has established
     8  itself as the collective bargaining representative for laborers, workers
     9  or mechanics who will perform work on such a project, and which provides
    10  that  only  contractors  and  subcontractors  who  sign a pre-negotiated
    11  agreement with the  labor  organization  can  perform  work  on  such  a
    12  project,  or  construction work performed under a labor peace agreement,
    13  project labor agreement, or any other construction work performed  under
    14  an  enforceable  agreement between a utility company or contractor and a
    15  bona fide building and construction trade labor organization.
    16    § 3. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law.