Assembly Bill A2057A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2057
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. REYES, DINOWITZ, McMAHON, LAVINE, JOYNER, CRUZ,
   BARNWELL, WALLACE, SEAWRIGHT, GOTTFRIED,  DeSTEFANO,  SIMON,  SCHMITT,
   RODRIGUEZ,  OTIS,  JACOBSON,  CARROLL,  L. ROSENTHAL,  STECK, DICKENS,
   GUNTHER, BRABENEC, DAVILA -- Multi-Sponsored by -- M.  of  A.  CAHILL,
   LUPARDO -- 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".
   § 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.
              

                                                            LBD00123-03-1

 A. 2057                             2
 
   2.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
 LAW, OR JUDICIAL DECISION TO THE CONTRARY, A UTILITY COMPANY MAY REQUIRE
 CONTRACTORS OR SUBCONTRACTORS OF ANY TIER AWARDED  A  CONTRACT,  SUBCON-
 TRACT,  OR  OTHER  AGREEMENT FOR A PROJECT SUBJECT TO THIS SECTION TO BE
 PERFORMED  UNDER  A PRE-HIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
 UTILITY COMPANY OR ITS CONTRACTORS AND SUBCONTRACTORS AND  A  BONA  FIDE
 BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH HAS ESTABLISHED
 ITSELF AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR LABORERS, WORKERS
 OR MECHANICS WHO WILL PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES
 THAT  ONLY  CONTRACTORS  AND  SUBCONTRACTORS  WHO  SIGN A PRE-NEGOTIATED
 AGREEMENT WITH THE  LABOR  ORGANIZATION  CAN  PERFORM  WORK  ON  SUCH  A
 PROJECT,  OR  CONSTRUCTION WORK PERFORMED UNDER A LABOR PEACE AGREEMENT,
 PROJECT LABOR AGREEMENT, OR ANY OTHER CONSTRUCTION WORK PERFORMED  UNDER
 AN  ENFORCEABLE  AGREEMENT BETWEEN A UTILITY COMPANY OR CONTRACTOR AND A
 BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2057--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. REYES, DINOWITZ, McMAHON, LAVINE, JOYNER, CRUZ,
   BARNWELL, WALLACE, SEAWRIGHT, GOTTFRIED,  DeSTEFANO,  SIMON,  SCHMITT,
   OTIS, JACOBSON, CARROLL, L. ROSENTHAL, STECK, DICKENS, GUNTHER, BRABE-
   NEC,  DAVILA,  STERN,  GALLAGHER,  SILLITTI, BRONSON, BURDICK, THIELE,
   BRAUNSTEIN, EPSTEIN, GANDOLFO, DURSO,  JACKSON,  ENGLEBRIGHT,  LAWLER,
   SEPTIMO,  DARLING, MAMDANI, ZINERMAN, J. D. RIVERA, FORREST, KELLES --
   Multi-Sponsored by -- M. of A. CAHILL, LUPARDO,  McDONOUGH,  B. MILLER
   --  read  once  and  referred  to  the Committee on Labor -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Labor in  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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 224-e to read as
 follows:
   § 224-E. WORKERS ON EXCAVATIONS. 1.  FOR THE PURPOSES OF THIS SECTION:
   A. "COVERED EXCAVATION PROJECT" SHALL MEAN CONSTRUCTION WORK FOR WHICH
 A PERMIT MAY BE ISSUED TO A  UTILITY  COMPANY,  OR  ITS  CONTRACTORS  OR
 SUBCONTRACTORS  BY  THE  STATE, A COUNTY OR A MUNICIPALITY TO USE, EXCA-
 VATE, OR OPEN A STREET.
   B. "DEPARTMENT OF JURISDICTION"  SHALL  MEAN  THE  DEPARTMENT  OF  THE
 STATE,  BOARD  OR  OFFICER  IN  THE  STATE,  OR MUNICIPAL CORPORATION OR
 COMMISSION OR BOARD APPOINTED PURSUANT TO LAW, WHOSE DUTY IT IS TO ISSUE
 A PERMIT TO A UTILITY COMPANY, OR ITS CONTRACTORS OR SUBCONTRACTORS, FOR
 A COVERED EXCAVATION PROJECT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00123-06-2
              

 A. 2057--B                          2
 
   C. "FISCAL OFFICER" SHALL MEAN THE COMMISSIONER;  EXCEPT  FOR  COVERED
 EXCAVATION PROJECTS PERFORMED PURSUANT TO A PERMIT ISSUED BY A CITY WITH
 A POPULATION IN EXCESS OF ONE MILLION IN WHICH CASE THE "FISCAL OFFICER"
 SHALL BE THE COMPTROLLER OR OTHER ANALOGOUS OFFICER OF SUCH CITY.
   D.  "UTILITY COMPANY" SHALL HAVE THE SAME MEANING AS SUBDIVISION TWEN-
 TY-THREE OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   2. EACH UTILITY COMPANY, OR ITS CONTRACTORS OR  SUBCONTRACTORS,  SHALL
 BE  REQUIRED  TO  SHALL  BE REQUIRED TO PAY NOT LESS THAN THE PREVAILING
 RATE OF WAGE IN THE SAME TRADE OR OCCUPATION IN THE LOCALITY WITHIN  THE
 STATE WHERE SUCH COVERED EXCAVATION PROJECT IS SITUATED TO EACH LABORER,
 WORKER,  OR  MECHANIC  IN  THE  EMPLOY  OF  THE  UTILITY COMPANY, OR ITS
 CONTRACTORS OR SUBCONTRACTORS, PERFORMING WORK ON THE PROJECT IN ACCORD-
 ANCE WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B  OF  THIS
 ARTICLE.    NO  PERMIT  SHALL BE ISSUED FOR A COVERED EXCAVATION PROJECT
 UNTIL AN AGREEMENT CONFIRMING THE PAYMENT OF WAGES AS REQUIRED  BY  THIS
 SECTION HAS BEEN CONTRACTUALLY MANDATED AND FILED WITH THE DEPARTMENT OF
 JURISDICTION,  AND  ALL  PERMITS ISSUED AFTER THE EFFECTIVE DATE OF THIS
 SECTION SHALL INCLUDE THEREIN A COPY OF THIS SECTION.
   3. THE ENFORCEMENT OF ANY COVERED EXCAVATION PROJECT PURSUANT TO  THIS
 SECTION  SHALL  BE  SUBJECT  TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED
 TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED  TWENTY-
 THREE  AND  TWO  HUNDRED  TWENTY-FOUR-B  OF THIS ARTICLE AND SECTION TWO
 HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND WITHIN THE JURISDICTION OF  THE
 FISCAL  OFFICER;  PROVIDED,  HOWEVER,  NOTHING CONTAINED IN THIS SECTION
 SHALL BE DEEMED TO CONSTRUE ANY COVERED EXCAVATION PROJECT AS  OTHERWISE
 BEING CONSIDERED PUBLIC WORK PURSUANT TO THIS ARTICLE.
   4.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
 LAW, OR JUDICIAL DECISION TO THE CONTRARY, A COVERED EXCAVATION  PROJECT
 SHALL  EXCLUDE  ANY CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLEC-
 TIVE BARGAINING AGREEMENT BETWEEN THE UTILITY COMPANY OR ITS CONTRACTORS
 AND SUBCONTRACTORS AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR
 ORGANIZATION WHICH HAS ESTABLISHED ITSELF AS THE  COLLECTIVE  BARGAINING
 REPRESENTATIVE FOR LABORERS, WORKERS, OR MECHANICS WHO WILL PERFORM WORK
 ON  SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND SUBCON-
 TRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGANIZATION
 CAN PERFORM WORK ON SUCH A PROJECT, OR CONSTRUCTION WORK PERFORMED UNDER
 A  LABOR  PEACE  AGREEMENT,  PROJECT  LABOR  AGREEMENT,  OR  ANY   OTHER
 CONSTRUCTION  WORK  PERFORMED  UNDER  AN ENFORCEABLE AGREEMENT BETWEEN A
 UTILITY COMPANY OR CONTRACTOR AND A BONA FIDE BUILDING AND  CONSTRUCTION
 TRADE LABOR ORGANIZATION.
   5.  THE  FISCAL  OFFICER MAY ISSUE RULES AND REGULATIONS GOVERNING THE
 PROVISIONS OF THIS SECTION. ANY  VIOLATION  OF  THIS  SECTION  SHALL  BE
 GROUNDS  FOR  DETERMINATIONS  AND ORDERS PURSUANT TO SECTION TWO HUNDRED
 TWENTY-B OF THIS ARTICLE.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall apply to all contracts for construction
 executed and permits issued on or after such date.