STATE OF NEW YORK ________________________________________________________________________ 1252--A Cal. No. 832 2021-2022 Regular Sessions IN SENATE January 8, 2021 ___________ Introduced by Sens. GIANARIS, ADDABBO, BAILEY, BROOKS, BROUK, COMRIE, GAUGHRAN, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, LIU, MANNION, MATTERA, MAYER, MYRIE, RAMOS, RIVERA, RYAN, SALAZAR, SANDERS, SAVINO, SKOUFIS, STAVISKY, 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 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, 18 county or municipal agency, and all permits issued after the effective EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00123-04-1S. 1252--A 2 1 date of this section shall include therein a copy of this section. When 2 permits are issued to utility companies or their contractors, the power 3 to enforce the terms of this section shall be vested with the department 4 consistent with the provisions of section two hundred twenty of this 5 chapter. 6 2. Notwithstanding the provisions of any general, special or local 7 law, or judicial decision to the contrary, a utility company may require 8 contractors or subcontractors of any tier awarded a contract, subcon- 9 tract, or other agreement for a project subject to this section to be 10 performed under a pre-hire collective bargaining agreement between the 11 utility company or its contractors and subcontractors and a bona fide 12 building and construction trade labor organization which has established 13 itself as the collective bargaining representative for laborers, work- 14 ers, mechanics, or operators who will perform work on such a project, 15 and which provides that only contractors and subcontractors who sign a 16 pre-negotiated agreement with the labor organization can perform work on 17 such a project, or construction work performed under a labor peace 18 agreement, project labor agreement, or any other construction work 19 performed under an enforceable agreement between a utility company or 20 contractor and a bona fide building and construction trade labor organ- 21 ization. 22 § 3. This act shall take effect on the thirtieth day after it shall 23 have become a law.