Bill Text: NY S01252 | 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, excavate, or open a street is required to be issued.
Spectrum: Strong Partisan Bill (Democrat 36-2)
Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S01252 Detail]
Download: New_York-2021-S01252-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1252--B Cal. No. 1286 2021-2022 Regular Sessions IN SENATE January 8, 2021 ___________ Introduced by Sens. GIANARIS, ADDABBO, BAILEY, BRESLIN, BRISPORT, BROOKS, BROUK, COMRIE, COONEY, GAUGHRAN, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, LIU, MANNION, MARTUCCI, MATTERA, MAY, MAYER, MYRIE, PERSAUD, RAMOS, REICHLIN-MEL- NICK, RIVERA, RYAN, SALAZAR, SANDERS, SAVINO, SERRANO, SKOUFIS, STAVI- SKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 224-e to read as 4 follows: 5 § 224-e. Workers on excavations. 1. For the purposes of this section: 6 a. "Covered excavation project" shall mean construction work for which 7 a permit may be issued to a utility company, or its contractors or 8 subcontractors by the state, a county or a municipality to use, exca- 9 vate, or open a street. 10 b. "Department of jurisdiction" shall mean the department of the 11 state, board or officer in the state, or municipal corporation or 12 commission or board appointed pursuant to law, whose duty it is to issue EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00123-07-2S. 1252--B 2 1 a permit to a utility company, or its contractors or subcontractors, for 2 a covered excavation project. 3 c. "Fiscal officer" shall mean the commissioner; except for covered 4 excavation projects performed pursuant to a permit issued by a city with 5 a population in excess of one million in which case the "fiscal officer" 6 shall be the comptroller or other analogous officer of such city. 7 d. "Utility company" shall have the same meaning as subdivision twen- 8 ty-three of section two of the public service law. 9 2. Each utility company, or its contractors or subcontractors, shall 10 be required to shall be required to pay not less than the prevailing 11 rate of wage in the same trade or occupation in the locality within the 12 state where such covered excavation project is situated to each laborer, 13 worker, or mechanic in the employ of the utility company, or its 14 contractors or subcontractors, performing work on the project in accord- 15 ance with sections two hundred twenty and two hundred twenty-b of this 16 article. No permit shall be issued for a covered excavation project 17 until an agreement confirming the payment of wages as required by this 18 section has been contractually mandated and filed with the department of 19 jurisdiction, and all permits issued after the effective date of this 20 section shall include therein a copy of this section. 21 3. The enforcement of any covered excavation project pursuant to this 22 section shall be subject to the requirements of sections two hundred 23 twenty, two hundred twenty-a, two hundred twenty-b, two hundred twenty- 24 three and two hundred twenty-four-b of this article and section two 25 hundred twenty-seven of this chapter and within the jurisdiction of the 26 fiscal officer; provided, however, nothing contained in this section 27 shall be deemed to construe any covered excavation project as otherwise 28 being considered public work pursuant to this article. 29 4. Notwithstanding the provisions of any general, special or local 30 law, or judicial decision to the contrary, a covered excavation project 31 shall exclude any construction work performed under a pre-hire collec- 32 tive bargaining agreement between the utility company or its contractors 33 and subcontractors and a bona fide building and construction trade labor 34 organization which has established itself as the collective bargaining 35 representative for laborers, workers, or mechanics who will perform work 36 on such a project, and which provides that only contractors and subcon- 37 tractors who sign a pre-negotiated agreement with the labor organization 38 can perform work on such a project, or construction work performed under 39 a labor peace agreement, project labor agreement, or any other 40 construction work performed under an enforceable agreement between a 41 utility company or contractor and a bona fide building and construction 42 trade labor organization. 43 5. The fiscal officer may issue rules and regulations governing the 44 provisions of this section. Any violation of this section shall be 45 grounds for determinations and orders pursuant to section two hundred 46 twenty-b of this article. 47 § 3. This act shall take effect on the thirtieth day after it shall 48 have become a law and shall apply to all contracts for construction 49 executed and permits issued on or after such date.
