Bill Text: NY S01252 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Strong Partisan Bill (Democrat 36-2)

Status: (Introduced) 2022-05-16 - ADVANCED TO THIRD READING [S01252 Detail]

Download: New_York-2021-S01252-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021

        Introduced   by   Sens.  GIANARIS,  BAILEY,  BROOKS,  COMRIE,  GAUGHRAN,
          STAVISKY,  THOMAS  -- read twice and ordered printed, and when printed
          to be committed 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.

        S. 1252                             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.