S T A T E O F N E W Y O R K
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4956
2015-2016 Regular Sessions
I N S E N A T E
April 24, 2015
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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:
Section 1. Short title. This act shall be known and may be cited as
the "natural gas roadway excavation safety 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 TO OPEN A STREET FOR THE PURPOSE OF MOVING, RECONFIGURING, MODI-
FYING, RESTORING, REPAIRING, INSTALLING OR REPLACING BARE STEEL, CAST
IRON, HIGH DENSITY POLYETHYLENE OR OTHER TYPES OF POLYETHYLENE PIPE USED
FOR NATURAL GAS DISTRIBUTION AND TRANSMISSION SYSTEMS, 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 AND WHO, PRIOR TO
PERFORMING SUCH WORK, HAVE BEEN CERTIFIED AS SUCCESSFULLY COMPLETING A
COURSE IN CONSTRUCTION SAFETY AND HEALTH APPROVED BY THE UNITED STATES
DEPARTMENT OF LABOR'S OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION THAT
IS AT LEAST THIRTY HOURS IN DURATION, 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 AGEN-
CY, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10654-01-5
S. 4956 2
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.