senate Bill S1252A

2021-2022 Legislative Session

Enacts the "roadway excavation quality assurance act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to labor
Jun 10, 2021 committed to rules
May 03, 2021 advanced to third reading
amended 1252a
Apr 28, 2021 2nd report cal.
Apr 27, 2021 1st report cal.832
Jan 08, 2021 referred to labor

Votes

view votes

Apr 27, 2021 - Labor committee Vote

S1252
10
3
committee
10
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 27, 2021

Co-Sponsors

view additional co-sponsors

S1252 - Details

See Assembly Version of this Bill:
A2057
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
2017-2018: S8773, A4871
2019-2020: S3699, A5693, A9872

S1252 - 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.

S1252 - Sponsor Memo

S1252 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1252
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced   by   Sens.  GIANARIS,  BAILEY,  BROOKS,  COMRIE,  GAUGHRAN,
   GOUNARDES, HARCKHAM, HOYLMAN,  JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,
   KENNEDY, LIU, MYRIE, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SKOUFIS,
   STAVISKY,  THOMAS  -- 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.  1.  ALL  UTILITY  COMPANIES  OR  THEIR
 CONTRACTORS,  TO WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A
 MUNICIPALITY TO USE, EXCAVATE, OR OPEN A STREET, SHALL  BE  REQUIRED  TO
 PAY NOT LESS THAN THE PREVAILING RATE OF WAGE IN THE SAME TRADE OR OCCU-
 PATION  IN  THE LOCALITY WITHIN THE STATE WHERE SUCH PROJECT IS SITUATED
 TO EACH LABORER, WORKER, OR MECHANIC IN THE EMPLOY OF THE UTILITY COMPA-
 NY OR ITS CONTRACTORS PERFORMING WORK ON  THE  PROJECT  FOR  WHICH  SUCH
 PERMIT WAS ISSUED. THE PREVAILING RATE OF WAGE FOR THE TYPE AND SCOPE OF
 WORK  PERFORMED ON A PROJECT FOR WHICH A PERMIT SHALL BE ISSUED SHALL BE
 ESTABLISHED BY THE FISCAL OFFICER PURSUANT TO SECTION TWO HUNDRED TWENTY
 OF THIS CHAPTER.  NO PERMIT SHALL BE ISSUED UNTIL AN AGREEMENT  CONFIRM-
 ING THE PAYMENT OF WAGES AS REQUIRED BY THIS SECTION HAS BEEN CONTRACTU-
 ALLY  MANDATED AND FILED 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

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S1252A (ACTIVE) - Details

See Assembly Version of this Bill:
A2057
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
2017-2018: S8773, A4871
2019-2020: S3699, A5693, A9872

S1252A (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.

S1252A (ACTIVE) - Sponsor Memo

S1252A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1252--A
     Cal. No. 832
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS, ADDABBO, BAILEY, BROOKS, BROUK, COMRIE,
   GAUGHRAN, GOUNARDES, HARCKHAM, HINCHEY,  HOYLMAN,  JACKSON,  KAMINSKY,
   KAPLAN, KAVANAGH, KENNEDY, LIU, MANNION, MATTERA, MAYER, MYRIE, RAMOS,
   RIVERA,  RYAN,  SALAZAR, SANDERS, SAVINO, SKOUFIS, STAVISKY, THOMAS --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Labor  --  reported favorably from said committee,
   ordered to first and second report, amended on second report,  ordered
   to  a  third  reading,  and  to be reprinted as amended, retaining its
   place in the order of third reading
 
 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.  1.  ALL  UTILITY  COMPANIES  OR  THEIR
 CONTRACTORS,  TO WHOM A PERMIT MAY BE ISSUED BY THE STATE, A COUNTY OR A
 MUNICIPALITY TO USE, EXCAVATE, OR OPEN A STREET, SHALL  BE  REQUIRED  TO
 PAY NOT LESS THAN THE PREVAILING RATE OF WAGE IN THE SAME TRADE OR OCCU-
 PATION  IN  THE LOCALITY WITHIN THE STATE WHERE SUCH PROJECT IS SITUATED
 TO EACH LABORER, WORKER, MECHANIC, OR OPERATOR  IN  THE  EMPLOY  OF  THE
 UTILITY  COMPANY  OR  ITS CONTRACTORS PERFORMING WORK ON THE PROJECT FOR
 WHICH SUCH PERMIT WAS ISSUED. THE PREVAILING RATE OF WAGE FOR  THE  TYPE
 AND  SCOPE  OF  WORK  PERFORMED ON A PROJECT FOR WHICH A PERMIT SHALL BE
 ISSUED SHALL BE ESTABLISHED BY THE FISCAL OFFICER  PURSUANT  TO  SECTION
 TWO  HUNDRED TWENTY OF THIS CHAPTER.  NO PERMIT SHALL BE ISSUED UNTIL AN
 AGREEMENT CONFIRMING THE PAYMENT OF WAGES AS REQUIRED  BY  THIS  SECTION
 HAS  BEEN  CONTRACTUALLY  MANDATED AND FILED WITH THE APPROPRIATE STATE,
 COUNTY OR MUNICIPAL AGENCY, AND ALL PERMITS ISSUED AFTER  THE  EFFECTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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