senate Bill S1075

2013-2014 Legislative Session

Enacts the "roadway excavation quality assurance act"

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to infrastructure and capital investment
Feb 01, 2013 committee discharged and committed to infrastructure and capital investment
Jan 09, 2013 referred to labor

Co-Sponsors

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S1075 - Bill Details

See Assembly Version of this Bill:
A5234
Current Committee:
Senate Infrastructure And Capital Investment
Law Section:
Labor Law
Laws Affected:
Add ยง28, Lab L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3827, A6970
2009-2010: S632A

S1075 - Bill Texts

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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 or open a street is required to be issued.

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BILL NUMBER:S1075

TITLE OF BILL:
An act
to amend the labor law, in relation to
enacting the "roadway excavation quality assurance act"

PURPOSE:
Provides that utility companies shall use competent workers and shall
pay the prevailing wage on projects where a permit to use or open a
street is issued.

SUMMARY OF PROVISIONS:
Section one of the bill 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, shall use only competent workers skilled in
the required work, and that the prevailing wage for similar titles
shall be paid.

EXISTING LAW:
Subdivision 3-a(e) of section 220 of the labor law requires utility
companies and their contractors and subcontractors to agree to use
competent, skilled workers and to 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 to
provide training in safe-practices to their workers. Street
excavation is dangerous for both workers and the public when the
individuals performing the excavation are unskilled. Broken gas lines
or communication cables can cause great disruption to local
neighborhoods. The success of a similar law passed by New York city
led the Legislature to support similar efforts by other
municipalities with the enactment of chapter 591 of the laws of 2008.
This bill will extend protection to the public and workers throughout
New York whenever state contracts require the use of dangerous
excavation work.

FISCAL IMPLICATIONS:
None.

LEGISLATIVE HISTORY:
2011-12: S.3827/A.6970 Referred to Labor
2009: Referred to to Labor/A.404 - Advanced to 3rd Reading
2008: S.3249 Referred to Labor/A.3628 - Passed the Assembly
2007: S.3249 Referred to Labor/A.3628 - Passed the Assembly
2006: S.3285 Referred to Labor/A.6624 - Referred to Rules
2004: S.3605 Referred to Rules/A.8168 - Referred to Labor
2003: S.3604 Referred to Labor/A.8168 - Reported to Rules
2002: S.2143 Referred to Labor/A.7431 - Referred to Labor


2001: S.2143 Referred to Labor/A.7431 - Referred to Labor
2000: S.4272 Referred to Rules/A.7075 - Referred to Rules

EFFECTIVE DATE:
Thirty days following enactment.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1075

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MAZIARZ, GRISANTI -- 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 "roadway
  excavation quality assurance act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "roadway excavation quality assurance act".
  S 2. The labor law is amended by adding a new section 28  to  read  as
follows:
  S  28. WORKERS ON EXCAVATIONS. UTILITY COMPANIES OR THEIR CONTRACTORS,
TO WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A  MUNICIPALITY
TO  USE OR OPEN A STREET, SHALL BE REQUIRED, BEFORE SUCH PERMIT SHALL BE
ISSUED, TO ENTER INTO AN AGREEMENT THAT ONLY COMPETENT  WORKERS  SKILLED
IN THE WORK REQUIRED OF THEM, SHALL BE EMPLOYED ON THE PROJECT FOR WHICH
SUCH  PERMIT TO USE OR OPEN A STREET WAS ISSUED, AND THAT THE PREVAILING
WAGE FOR SIMILAR TITLES AS ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO
SECTION TWO HUNDRED  TWENTY  OF  THIS  CHAPTER,  BE  PAID  TO  THOSE  SO
EMPLOYED. NO PERMIT SHALL BE ISSUED UNTIL SUCH AGREEMENT SHALL HAVE BEEN
ENTERED INTO WITH THE APPROPRIATE STATE, COUNTY OR MUNICIPAL AGENCY, AND
ALL  PERMITS  ISSUED  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION SHALL
INCLUDE THEREIN A COPY OF THIS SECTION.   WHEN  PERMITS  ARE  ISSUED  TO
UTILITY  COMPANIES  OR THEIR CONTRACTORS, THE POWER TO ENFORCE THE TERMS
OF THIS SECTION SHALL BE VESTED WITH THE DEPARTMENT CONSISTENT WITH  THE
PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00709-01-3

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