NY State Senate Bill 2021-S1252A

Archive: Last Bill Status - In Senate Committee Rules 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 17, 2022	amended on third reading 1252b
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1286
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

- May 10, 2022 - Labor Committee Vote
  S1252A
  
  Aye
  
  9
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Labor Committee Vote: May 10, 2022
      
      aye (9)
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Mayer
      
      Persaud
      
      Ramos
      
      Sanders Jr.
      
      Savino
      
      Skoufis
      
      nay (3)
      
      Akshar
      
      Gallivan
      
      Rath III
      
      aye wr (1)
      
      Ryan
  Apr 27, 2021 - Labor Committee Vote
  S1252A
  
  Aye
  
  10
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Labor Committee Vote: Apr 27, 2021
      
      aye (10)
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Mayer
      
      Persaud
      
      Ramos
      
      Ryan
      
      Sanders Jr.
      
      Savino
      
      Skoufis
      
      nay (3)
      
      Akshar
      
      Gallivan
      
      Rath III

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2021-S1252 - Details

Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §28, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8773
2019-2020: S3699
2023-2024: S4887

2021-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, excavate, or open a street is required to be issued.

2021-S1252 - Sponsor Memo

                                
 
BILL NUMBER: S1252

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the labor law, in relation to enacting the "roadway
excavation quality assurance act"

 
PURPOSE:

To require that workers be paid not less than a prevailing rate of wage.

 
SUMMARY OF PROVISIONS:

Section 1 provides the title of the act.

Section 2 amends the labor law, adding a new section 28 to require that
workers on these projects be paid not less than a prevailing rate of
wage, and also that a utility company may require contractors or subcon-
tractors awarded a contract, subcontract, or other agreement under this
new section to be performed under a pre-hire collective bargaining

agreement between the utility company or its contractors and subcontrac-
tors and a bone fide building and construction trade labor organization
which has established itself as the collective bargaining representative
for laborers, workers, or mechanics who will provide work on such a
project, and which provides that only those that 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
bone fide building and construction trade labor organization.

Section 3 sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

Project labor agreements provide employers significant advantages
including cost savings, a greater level of efficiency, flexibility in
determining work rules and the use of a highly skilled and trained work-
force. Project labor agreements are commonly used as they are proven to
produce on time and on budget construction. Both prevailing wage
requirements and projects labor agreements ensure workers earn fair
wages in a safe working environment while employers benefit from greater
productivity and cost savings.

 
LEGISLATIVE HISTORY:

2020: Died in Labor/Died in Labor (Assembly)
2019: Died in Labor 2018: Died in Labor

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
On the thirtieth day after it shall have become a law.

2021-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.

                                                            LBD00123-03-1

 S. 1252                             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.

co-Sponsors

View additional co-sponsors

2021-S1252A - Details

Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §28, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8773
2019-2020: S3699
2023-2024: S4887

2021-S1252A - Summary

2021-S1252A - Sponsor Memo

                                
 
BILL NUMBER: S1252A

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the labor law, in relation to enacting the "roadway
excavation quality assurance act"

 
PURPOSE:

To require that workers be paid not less than a prevailing rate of wage.

 
SUMMARY OF PROVISIONS:

Section 1 provides the title of the act.

Section 2 amends the labor law, adding a new section 28 to require that
workers on these projects be paid not less than a prevailing rate of
wage, and also that a utility company may require contractors or subcon-
tractors awarded a contract, subcontract, or other agreement under this
new section to be performed under a pre-hire collective bargaining

agreement between the utility company or its contractors and subcontrac-
tors and a bone fide building and construction trade labor organization
which has established itself as the collective bargaining representative
for laborers, workers, mechanics, or operators who will provide work on
such a project, and which provides that only those that sign a pre-nego-
tiated 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
bone fide building and construction trade labor organization.

Section 3 sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

Project labor agreements provide employers significant advantages
including cost savings, a greater level of efficiency, flexibility in
determining work rules and the use of a highly skilled and trained work-
force. Project labor agreements are commonly used as they are proven to
produce on time and on budget construction. Both prevailing wage
requirements and projects labor agreements ensure workers earn fair
wages in a safe working environment while employers benefit from greater
productivity and cost savings.

 
LEGISLATIVE HISTORY:

2020: Died in Labor/Died in Labor (Assembly)
2019: Died in Labor
2018: Died in Labor

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
On the thirtieth day after it shall have become a law.

2021-S1252A - 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

                       [ ] is old law to be omitted.
                                                            LBD00123-04-1

 S. 1252--A                          2
 
 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.
   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, WORK-
 ERS, MECHANICS, OR OPERATORS 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 ORGAN-
 IZATION.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S1252B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Labor Law
Laws Affected:: Add §28, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8773
2019-2020: S3699
2023-2024: S4887

2021-S1252B (ACTIVE) - Summary

2021-S1252B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1252B

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the labor law, in relation to enacting the "roadway
excavation quality assurance act"

 
PURPOSE:

To require that workers be paid not less than a prevailing rate of wage.

 
SUMMARY OF PROVISIONS:

Section 1 provides the title of the act.

Section 2 amends the labor law, adding a new section 28 to require that
workers on these projects be paid not less than a prevailing rate of
wage, and also that a utility company may require contractors or subcon-
tractors awarded a contract, subcontract, or other agreement under this
new section to be performed under a pre-hire collective bargaining
agreement between the utility company or its contractors and subcontrac-

tors and a bone fide building and construction trade labor organization
which has established itself as the collective bargaining representative
for laborers, workers, mechanics, or operators who will provide work on
such a project, and which provides that only those that sign a pre-nego-
tiated 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
bone fide building and construction trade labor organization.

Section 3 sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

Project labor agreements provide employers significant advantages
including cost savings, a greater level of efficiency, flexibility in
determining work rules and the use of a highly skilled and trained work-
force. Project labor agreements are commonly used as they are proven to
produce on time and on budget construction. Both prevailing wage
requirements and projects labor agreements ensure workers earn fair
wages in a safe working environment while employers benefit from greater
productivity and cost savings.

 
LEGISLATIVE HISTORY:

2021: Advanced to Third Reading Calendar/Died in Labor (Assembly)

2020: Died in Labor/Died in Labor (Assembly)

2019: Died in Labor 2018: Died in Labor

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
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.

2021-S1252B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1252--B
     Cal. No. 1286
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  ADDABBO,  BAILEY,  BRESLIN,  BRISPORT,
   BROOKS, BROUK, COMRIE, COONEY, GAUGHRAN, GOUNARDES, HARCKHAM, HINCHEY,
   HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY,  LIU,  MANNION,
   MARTUCCI,  MATTERA,  MAY,  MAYER, MYRIE, PERSAUD, RAMOS, REICHLIN-MEL-
   NICK, RIVERA, RYAN, SALAZAR, SANDERS, SAVINO, SERRANO, SKOUFIS, STAVI-
   SKY, 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  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00123-07-2

 S. 1252--B                          2
 
 A PERMIT TO A UTILITY COMPANY, OR ITS CONTRACTORS OR SUBCONTRACTORS, FOR
 A COVERED EXCAVATION PROJECT.
   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.

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Senate Bill S1252A

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Archive: Last Bill Status - In Senate Committee Rules Committee

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May 10, 2022 - Labor Committee Vote

Labor Committee Vote: May 10, 2022

Apr 27, 2021 - Labor Committee Vote

Labor Committee Vote: Apr 27, 2021

Bill Amendments

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2021-S1252 - Details

2021-S1252 - Summary

2021-S1252 - Sponsor Memo

2021-S1252 - Bill Text download pdf

co-Sponsors

2021-S1252A - Details

2021-S1252A - Summary

2021-S1252A - Sponsor Memo

2021-S1252A - Bill Text download pdf

co-Sponsors

2021-S1252B (ACTIVE) - Details

2021-S1252B (ACTIVE) - Summary

2021-S1252B (ACTIVE) - Sponsor Memo

2021-S1252B (ACTIVE) - Bill Text download pdf

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Senate Bill S1252A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

co-Sponsors

2021-S1252 - Details

2021-S1252 - Summary

2021-S1252 - Sponsor Memo

2021-S1252 - Bill Text download pdf

co-Sponsors

2021-S1252A - Details

2021-S1252A - Summary

2021-S1252A - Sponsor Memo

2021-S1252A - Bill Text download pdf

co-Sponsors

2021-S1252B (ACTIVE) - Details

2021-S1252B (ACTIVE) - Summary

2021-S1252B (ACTIVE) - Sponsor Memo

2021-S1252B (ACTIVE) - Bill Text download pdf

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