Bill Text: NY S04956 | 2015-2016 | General Assembly | Introduced

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Bill Title: Enacts the "natural gas roadway excavation safety act" relating to workers on excavations.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2016-03-07 - REPORTED AND COMMITTED TO FINANCE [S04956 Detail]

Download: New_York-2015-S04956-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4956
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2015
                                      ___________
       Introduced  by  Sen.  ROBACH -- 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 "natural  gas
         roadway excavation safety 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 "natural gas roadway excavation safety act".
    3    S  2.  The  labor law is amended by adding a new section 28 to read as
    4  follows:
    5    S 28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR  THEIR  CONTRACTORS
    6  TO  WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A MUNICIPALITY
    7  TO USE TO OPEN A STREET FOR THE PURPOSE OF MOVING, RECONFIGURING,  MODI-
    8  FYING,  RESTORING,  REPAIRING,  INSTALLING OR REPLACING BARE STEEL, CAST
    9  IRON, HIGH DENSITY POLYETHYLENE OR OTHER TYPES OF POLYETHYLENE PIPE USED
   10  FOR NATURAL GAS DISTRIBUTION AND TRANSMISSION SYSTEMS, SHALL BE REQUIRED
   11  BEFORE SUCH PERMIT SHALL BE ISSUED, TO ENTER INTO AN AGREEMENT THAT ONLY
   12  COMPETENT WORKERS SKILLED IN THE WORK REQUIRED OF THEM AND WHO, PRIOR TO
   13  PERFORMING SUCH WORK, HAVE BEEN CERTIFIED AS SUCCESSFULLY  COMPLETING  A
   14  COURSE  IN  CONSTRUCTION SAFETY AND HEALTH APPROVED BY THE UNITED STATES
   15  DEPARTMENT OF LABOR'S OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION THAT
   16  IS AT LEAST THIRTY HOURS IN DURATION, SHALL BE EMPLOYED ON  THE  PROJECT
   17  FOR  WHICH  SUCH PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE
   18  PREVAILING WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL  OFFICER
   19  PURSUANT TO SECTION TWO HUNDRED TWENTY OF THIS CHAPTER, BE PAID TO THOSE
   20  SO  EMPLOYED.  NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE
   21  BEEN ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL  AGEN-
   22  CY,  AND  ALL  PERMITS  ISSUED  AFTER THE EFFECTIVE DATE OF THIS SECTION
   23  SHALL INCLUDE THEREIN A COPY OF THIS SECTION. WHEN PERMITS ARE ISSUED TO
   24  UTILITY COMPANIES OR THEIR CONTRACTORS, THE POWER TO ENFORCE  THE  TERMS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10654-01-5
       S. 4956                             2
    1  OF  THIS SECTION SHALL BE VESTED WITH THE DEPARTMENT CONSISTENT WITH THE
    2  PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
    3    S  3.  This  act shall take effect on the thirtieth day after it shall
    4  have become a law.