Cal. No. 832

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021

        Introduced  by  Sens.  GIANARIS, ADDABBO, BAILEY, BROOKS, BROUK, COMRIE,
          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.

        S. 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.