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Senate Bill S8773

2017-2018 Legislative Session

Enacts the "roadway excavation quality assurance act"

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Archive: Last Bill Status - In Senate Committee Labor Committee

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2017-S8773 (ACTIVE) - Details

See Assembly Version of this Bill:
A4871
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add §28, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6970
2013-2014: A5234
2015-2016: A3328
2019-2020: S3699, A5693, A9872
2021-2022: S1252, A2057
2023-2024: S4887, A5608

2017-S8773 (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.

2017-S8773 (ACTIVE) - Sponsor Memo

2017-S8773 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8773
 
                             I N  S E N A T E
 
                               May 15, 2018
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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".
   §  2.  The  labor law is amended by adding a new section 28 to read as
 follows:
   § 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.
   § 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.
                                                            LBD06115-01-7

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