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A02057 Summary:

BILL NOA02057B
 
SAME ASSAME AS S01252-B
 
SPONSORReyes
 
COSPNSRDinowitz, McMahon, Lavine, Joyner, Cruz, Barnwell, Wallace, Seawright, Gottfried, DeStefano, Simon, Schmitt, Rodriguez, Otis, Jacobson, Carroll, Rosenthal L, Steck, Dickens, Gunther, Brabenec, Davila, Stern, Gallagher, Sillitti, Bronson, Barron, Burdick, Thiele, De La Rosa, Braunstein, Epstein, Gandolfo, Durso, Jackson, Englebright, Lawler, Septimo, Darling, Mamdani, Zinerman, Rivera JD, Forrest, Kelles, Mikulin, Jean-Pierre, Colton, Fernandez, Magnarelli, Griffin
 
MLTSPNSRCahill, Lupardo, McDonough, Miller B
 
Add §224-e, Lab L
 
Enacts the "roadway excavation quality assurance act"; relates to workers on excavations; provides that utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use, excavate, or open a street is required to be issued.
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A02057 Actions:

BILL NOA02057B
 
01/14/2021referred to labor
05/05/2021amend and recommit to labor
05/05/2021print number 2057a
01/05/2022referred to labor
02/08/2022amend and recommit to labor
02/08/2022print number 2057b
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A02057 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2057--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by  M. of A. REYES, DINOWITZ, McMAHON, LAVINE, JOYNER, CRUZ,
          BARNWELL, WALLACE, SEAWRIGHT, GOTTFRIED,  DeSTEFANO,  SIMON,  SCHMITT,
          OTIS, JACOBSON, CARROLL, L. ROSENTHAL, STECK, DICKENS, GUNTHER, BRABE-
          NEC,  DAVILA,  STERN,  GALLAGHER,  SILLITTI, BRONSON, BURDICK, THIELE,
          BRAUNSTEIN, EPSTEIN, GANDOLFO, DURSO,  JACKSON,  ENGLEBRIGHT,  LAWLER,
          SEPTIMO,  DARLING, MAMDANI, ZINERMAN, J. D. RIVERA, FORREST, KELLES --
          Multi-Sponsored by -- M. of A. CAHILL, LUPARDO,  McDONOUGH,  B. MILLER
          --  read  once  and  referred  to  the Committee on Labor -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Labor in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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 224-e to read as
     4  follows:
     5    § 224-e. Workers on excavations. 1.  For the purposes of this section:
     6    a. "Covered excavation project" shall mean construction work for which
     7  a permit may be issued to a  utility  company,  or  its  contractors  or
     8  subcontractors  by  the  state, a county or a municipality to use, exca-
     9  vate, or open a street.
    10    b. "Department of jurisdiction"  shall  mean  the  department  of  the
    11  state,  board  or  officer  in  the  state,  or municipal corporation or
    12  commission or board appointed pursuant to law, whose duty it is to issue
    13  a permit to a utility company, or its contractors or subcontractors, for
    14  a covered excavation project.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00123-06-2

        A. 2057--B                          2
 
     1    c. "Fiscal officer" shall mean the commissioner;  except  for  covered
     2  excavation projects performed pursuant to a permit issued by a city with
     3  a population in excess of one million in which case the "fiscal officer"
     4  shall be the comptroller or other analogous officer of such city.
     5    d.  "Utility company" shall have the same meaning as subdivision twen-
     6  ty-three of section two of the public service law.
     7    2. Each utility company, or its contractors or  subcontractors,  shall
     8  be  required  to  shall  be required to pay not less than the prevailing
     9  rate of wage in the same trade or occupation in the locality within  the
    10  state where such covered excavation project is situated to each laborer,
    11  worker,  or  mechanic  in  the  employ  of  the  utility company, or its
    12  contractors or subcontractors, performing work on the project in accord-
    13  ance with sections two hundred twenty and two hundred twenty-b  of  this
    14  article.    No  permit  shall be issued for a covered excavation project
    15  until an agreement confirming the payment of wages as required  by  this
    16  section has been contractually mandated and filed with the department of
    17  jurisdiction,  and  all  permits issued after the effective date of this
    18  section shall include therein a copy of this section.
    19    3. The enforcement of any covered excavation project pursuant to  this
    20  section  shall  be  subject  to the requirements of sections two hundred
    21  twenty, two hundred twenty-a, two hundred twenty-b, two hundred  twenty-
    22  three  and  two  hundred  twenty-four-b  of this article and section two
    23  hundred twenty-seven of this chapter and within the jurisdiction of  the
    24  fiscal  officer;  provided,  however,  nothing contained in this section
    25  shall be deemed to construe any covered excavation project as  otherwise
    26  being considered public work pursuant to this article.
    27    4.  Notwithstanding  the  provisions  of any general, special or local
    28  law, or judicial decision to the contrary, a covered excavation  project
    29  shall  exclude  any construction work performed under a pre-hire collec-
    30  tive bargaining agreement between the utility company or its contractors
    31  and subcontractors and a bona fide building and construction trade labor
    32  organization which has established itself as the  collective  bargaining
    33  representative for laborers, workers, or mechanics who will perform work
    34  on  such a project, and which provides that only contractors and subcon-
    35  tractors who sign a pre-negotiated agreement with the labor organization
    36  can perform work on such a project, or construction work performed under
    37  a  labor  peace  agreement,  project  labor  agreement,  or  any   other
    38  construction  work  performed  under  an enforceable agreement between a
    39  utility company or contractor and a bona fide building and  construction
    40  trade labor organization.
    41    5.  The  fiscal  officer may issue rules and regulations governing the
    42  provisions of this section. Any  violation  of  this  section  shall  be
    43  grounds  for  determinations  and orders pursuant to section two hundred
    44  twenty-b of this article.
    45    § 3. This act shall take effect on the thirtieth day  after  it  shall
    46  have  become  a  law  and  shall apply to all contracts for construction
    47  executed and permits issued on or after such date.
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