NY State Senate Bill 2021-S7118

Senate Bill S7118

2021-2022 Legislative Session

Requires payment of prevailing wage to all employees, contractors and subcontractors of water-works corporations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jun 01, 2021	referred to labor

2021-S7118 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §220-j, Lab L; add §89-q, Pub Serv L

2021-S7118 (ACTIVE) - Summary

Requires payment of prevailing wage to all employees, contractors and subcontractors of water-works corporations.

2021-S7118 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7118

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the labor law and the public service law, in relation to
requiring payment of prevailing wage to all employees, contractors and
subcontractors of water-works corporations

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill ensures that prevailing wage is paid for work for water-works
corporations when they are publicly or privately operated.

 
SUMMARY OF PROVISIONS:

Section 1 amends the labor law to require that any publicly or privately
operated water-works corporation and any contractors or subcontractors
thereof must pay employees not less than the prevailing wage in the
locality where the water-works is located.

Section 2 amends the public service law to require that prevailing wage
be paid to employees, contractors and subcontractors working on behalf
of a water-works corporation, and that any such work shall be deemed
public work.

Section 3 provides the effective date.

 
JUSTIFICATION:

Water-works are public water utilities which provide water and sewer
service. Typically, such water works are publicly owned and operated and
accordingly, work for water-works corporations is public work subject to
prevailing wage requirements. However, certain water-works have been
leased to private companies to manage operation of the services
provided, and in some situations, these private lessees have not paid
their workers prevailing wage. This bill makes explicit that work on
water-works--critical public infrastructure protecting the health and
well-being of our communities--is public work and should be compensated
at the prevailing wage, regardless of whether the utility is leased to a
private company.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The act would take effect 90 days after becoming law.

2021-S7118 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7118
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and the public service law, in relation to
   requiring payment of prevailing wage to all employees, contractors and
   subcontractors of water-works corporations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The labor law is amended by adding a new section 220-j to
 read as follows:
   § 220-J. WATER-WORKS CORPORATIONS; PREVAILING WAGE. 1. NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY  PUBLICLY  OR  PRIVATELY
 RUN  WATER-WORKS  CORPORATION  AS DEFINED IN SUBDIVISION TWENTY-SEVEN OF
 SECTION TWO OF THE PUBLIC SERVICE LAW, AND ANY CONTRACTOR OR SUBCONTRAC-
 TOR THEREOF SHALL PAY TO ITS EMPLOYEES A  WAGE  OF  NOT  LESS  THAN  THE
 PREVAILING  WAGE  IN  THE LOCALITY WHERE SUCH WATER-WORKS CORPORATION IS
 LOCATED PURSUANT TO SECTION TWO HUNDRED TWENTY OF THIS ARTICLE.
   2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR  REMEDIES  OF  ANY  CURRENT OR FORMER EMPLOYEE UNDER ANY
 OTHER LAW OR REGULATION OR UNDER ANY COLLECTIVE BARGAINING AGREEMENT  OR
 EMPLOYMENT CONTRACT.
   § 2. The public service law is amended by adding a new section 89-q to
 read as follows:
   §  89-Q. PREVAILING WAGE. PREVAILING WAGE SHALL BE PAID TO ALL EMPLOY-
 EES, CONTRACTORS AND SUBCONTRACTORS WORKING ON BEHALF OF  A  WATER-WORKS
 CORPORATION.  ANY  WORK  PERFORMED  BY  SUCH  EMPLOYEES, CONTRACTORS AND
 SUBCONTRACTORS  SHALL  BE  DEEMED  "PUBLIC  WORK"  AND  SUBJECT  TO  AND
 PERFORMED IN ACCORDANCE WITH ARTICLES EIGHT AND NINE OF THE LABOR LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10655-01-1

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