Relates to prevailing wage for those involved in hauling of concrete and asphalt in the counties of Nassau, Putnam, Suffolk, and Westchester, and in the city of New York.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8465
SPONSOR: Otis TITLE OF BILL:
An act to amend the labor law, in relation to prevailing wage for those
involved in the hauling of concrete and asphalt
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require the payment of prevailing wage
for work performed on a public works worksite for any work involving the
delivery to and hauling from such worksites of concrete and asphalt, in
the counties of Nassau, Putnam, Suffolk, and Westchester, and in the
city of New York.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new paragraph g to subdivision 3-a of
section 220 of the labor law to require the payment of prevailing wage
for work performed on a public works worksite for any work involving the
delivery to and hauling from such worksites of concrete and asphalt, in
the counties of Nassau, Putnam, Suffolk, and Westchester, and in the
city of New York.
Section 2 sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
n/a
JUSTIFICATION:
The New York State Constitution makes clear that it is the public policy
of New York to pay the prevailing wage to those working on publicly
financed construction projects. Prior to 2021, not all workers on the
projects originally intended to be covered were protected.
In 2021, subdivision 3-a of section 220 of the labor law was amended by
adding a new paragraph f which provided that prevailing wage shall be
paid for the hauling of "aggregate supply construction materials" to and
from "public works projects," L. 2021 Ch. 823. In 2022, paragraph f was
amended to refer to "worksites" rather than "projects." L. 2022 Ch. 119.
The intent of these changes were to rectify inequities for the drivers
who deliver aggregate supply construction materials or products to and
from public works project sites.
The Department of Labor subsequently issued regulations defining "aggre-
gate supply construction materials" as "sand, gravel, stone, crushed
stone, dirt, soil, millings, and fill." 12 NYCRR § 222.1.
This bill would require that prevailing wage also be paid for the haul-
ing of concrete and asphalt to and from public works worksites in the
counties of Nassau, Putnam, Suffolk, and Westchester, and in the city of
New York.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8465
2025-2026 Regular Sessions
IN ASSEMBLY
May 16, 2025
___________
Introduced by M. of A. OTIS -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to prevailing wage for those
involved in the hauling of concrete and asphalt
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3-a of section 220 of the labor law is amended
2 by adding a new paragraph g to read as follows:
3 g. Prevailing wage shall be paid for work performed on a public works
4 worksite pursuant to this section for any work involving the delivery to
5 and hauling from such worksites of concrete and asphalt, as well as any
6 return hauls, whether empty or loaded and any time spent
7 loading/unloading, in the counties of Nassau, Putnam, Suffolk, and West-
8 chester, and in the city of New York.
9 § 2. This act shall take effect immediately and shall apply to
10 contracts entered into on and after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10909-01-5
