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Assembly Bill A3328

2015-2016 Legislative Session

Enacts the "roadway excavation quality assurance act"

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Archive: Last Bill Status - In Assembly Committee

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2015-A3328 (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Labor Law
Laws Affected:
Add ยง28, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6970
2013-2014: A5234
2017-2018: A4871
2019-2020: A5693, A9872
2021-2022: A2057
2023-2024: A5608

2015-A3328 (ACTIVE) - Summary

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.

2015-A3328 (ACTIVE) - Bill Text download pdf 

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

                                  3328

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred 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.
                                                           LBD04792-01-5

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