NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7285
SPONSOR: Wright TITLE OF BILL: An act to amend the labor law, in relation to enacting
the "natural gas roadway excavation safety act"
PURPOSE: Provide that utility companies use competent workers and
shall pay prevailing wage on projects where a permit to use or open a
street is issued for the purpose of moving, modifying, reconfiguring,
restoring, repairing or replacing pipe used for natural gas distribution
and transmission systems.
SUMMARY OF PROVISIONS:
Section 1 amends the labor law by providing a new section entitled,
"Workers on Excavations,,. It provides that utility companies or their
contractors, to whom a permit to use or open a street has been issued
for the purpose of moving, modifying, reconfiguring, restoring, repair-
ing, or replacing pipe used for natural gas distribution and trans-
mission systems, shall use only competent workers skilled in the
required work, and that prevailing wage for similar titles shall be
paid.
EXISTING LAW: Subdivision 3-a(e) of section 220 of the labor law
requires companies and their contractors and subcontractors to agree to
use competent, skilled workers and pay prevailing wages where required
by local law as a condition for issuance of a permit to use or open a
street.
JUSTIFICATION: Currently, utility companies and their contractors are
required to use skilled, competent workers and pay prevailing wages in
localities that require these conditions to obtain a work permit to use
or open a street. Existing regulations by OSHA and the State Department
of Labor additionally require utility contractors throughout New York
State to provide training in Safe-practice to their workers. Recently,
the New York State Public Service Commission has proposed measures to
ensure that utilities focus their efforts replacing leak-prone pipe used
in natural gas distribution and transmission systems. According to the
Public Service Commission, there is more than 12,000 miles of leak-prone
pipe statewide. Street excavation is dangerous for both workers and the
public when the individuals performing the excavation are unskilled.
This danger to the public is even greater when unskilled workers are
used to cut open a street for the purpose of replacing or repairing a
leak-prone gas pipe. This bill will extend protections to the public and
the workers throughout New York whenever state contracts require the use
of dangerous excavation work to move, modify, reconfigure, restore,
repair or replace pipe used for natural gas distribution and trans-
mission systems.
LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: To be determined
EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.
