STATE OF NEW YORK
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4774
2017-2018 Regular Sessions
IN SENATE
February 28, 2017
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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 § 2. The labor law is amended by adding a new section 28 to read as
4 follows:
5 § 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.
LBD02921-01-7
S. 4774 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 § 3. This act shall take effect on the thirtieth day after it shall
4 have become a law.
