NY State Senate Bill S255B

Archive: Last Bill Status - Signed by Governor

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 31, 2021	approval memo.163 signed chap.823
Dec 20, 2021	delivered to governor
Jun 10, 2021	returned to senate passed assembly
Jun 08, 2021	ordered to third reading rules cal.526 substituted for a1106b
Jun 02, 2021	referred to codes delivered to assembly passed senate
May 20, 2021	amended on third reading 255b
Mar 18, 2021	advanced to third reading
Mar 17, 2021	2nd report cal.
Mar 16, 2021	1st report cal.592
Feb 09, 2021	print number 255a
Feb 09, 2021	amend and recommit to labor
Jan 06, 2021	referred to labor

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S255 - Details

See Assembly Version of this Bill:: A1106
Law Section:: Labor Law
Laws Affected:: Amd §220, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S8334, A10626

S255 - Summary

Requires prevailing wage to be paid for work performed on a public works project for any work involving the delivery to and hauling of aggregate supply construction materials, as well as any return hauls, whether empty or loaded and any time spent loading/unloading.

S255 - Sponsor Memo

 
BILL NUMBER: S255

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the labor law, in relation to the payment of prevailing
wage for work involving the delivery to and hauling of aggregate supply
construction materials

 
PURPOSE:

To include work involving delivery and hauling in the definition of
construction for the purpose of prevailing wage.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new paragraph f of subdivision 3-a of section 220 of
the labor law to include delivering and hauling of aggregate supply
construction materials under the existing prevailing wage provisions.

Section 2 sets the effective date.

 
JUSTIFICATION:

The New York State Constitution makes clear that it is the public policy
of New York to pay the prevailing wage to those working on publicly
financed construction projects. Under section 220 of the Labor Law,
projects that are deemed to be "public" are required to pay prevailing
wage for "laborers, workmen or mechanics".  Unfortunately, some contrac-
tors pay prevailing wage to those laborers, workmen or others who deliv-
er aggregate supply construction materials, and others do not, because
the current law is not clear that prevailing wage applies to these work-
ers.

Delivering and hauling aggregate make cement, is an integral part could
not be complete. While all are protected by prevailing wage are omitted.
This bill rectifies playing field for contractors.supply, defined as
small stones used to of public works and without it projects other work-
ers on a prevailing wage site laws already in effect, these workers that
oversight and creates a level- playing field for contractors,

This bill does not apply to nor affect the newly-enacted sections of the
Labor Law 224-a, titled "Prevailing wage requirements applicable to
construction projects performed under private contract."

 
LEGISLATIVE HISTORY:

S8334A of 2020, passed the Senate.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to contracts
entered into on or after such date.

S255 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    255
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  HARCKHAM,  LIU  -- 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 the payment of  prevailing
   wage  for  work  involving  the  delivery  to and hauling of aggregate
   supply construction materials
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3-a of section 220 of the labor law is amended
 by adding a new paragraph f to read as follows:
   F. PREVAILING WAGE SHALL BE PAID FOR WORK PERFORMED ON A PUBLIC  WORKS
 PROJECT  PURSUANT TO THIS SECTION FOR ANY WORK INVOLVING THE DELIVERY TO
 AND HAULING FROM SUCH PROJECTS OF AGGREGATE SUPPLY CONSTRUCTION  MATERI-
 ALS,  AS  WELL AS ANY RETURN HAULS, WHETHER EMPTY OR LOADED AND ANY TIME
 SPENT LOADING/UNLOADING.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts entered into on and after such date.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02673-01-1

Co-Sponsors

S255A - Details

See Assembly Version of this Bill:: A1106
Law Section:: Labor Law
Laws Affected:: Amd §220, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S8334, A10626

S255A - Summary

S255A - Sponsor Memo

 
BILL NUMBER: S255A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the labor law, in relation to the payment of prevailing
wage for work involving the delivery to and hauling of aggregate supply
construction materials

 
PURPOSE:

To include work involving delivery and hauling in the definition of
construction for the purpose of prevailing wage.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new paragraph f of subdivision 3-a of section 220 of
the labor law to include delivering and hauling of aggregate supply
construction materials under the existing prevailing wage provisions.

Section 2 clarifies applicability of this bill. Section 3 sets the

effective date.

 
JUSTIFICATION:

The New York State Constitution makes clear that it is the public policy
of New York to pay the prevailing wage to those working on publicly
financed construction projects. Under section 220 of the Labor Law,
projects that are deemed to be "public" are required to pay prevailing
wage for "laborers, workmen or mechanics".  Unfortunately, some contrac-
tors pay prevailing wage to those laborers, workmen or others who deliv-
er aggregate supply construction materials, and others do not, because
the current law is not clear that prevailing wage applies to these work-
ers. Delivering and hauling aggregate make cement, is an integral part
could not be complete.  While all are protected by prevailing wage are
omitted. This bill rectifies playing field for contractors.supply,
defined as small stones used to of public works and without it projects
other workers on a prevailing wage site laws already in effect, these
workers that oversight and creates a level- This bill does not apply to
nor affect the newly-enacted sections of the Labor Law 224-a, titled
"Prevailing wage requirements applicable to construction projects
performed under private contract."

 
LEGISLATIVE HISTORY:

S8334A of 2020, passed the Senate.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to contracts
entered into on or after such date.

S255A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  255--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  HARCKHAM,  LIU  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the labor law, in relation to the payment of prevailing
   wage for work involving the  delivery  to  and  hauling  of  aggregate
   supply construction materials
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3-a of section 220 of the labor law is  amended
 by adding a new paragraph f to read as follows:
   F.  PREVAILING WAGE SHALL BE PAID FOR WORK PERFORMED ON A PUBLIC WORKS
 PROJECT PURSUANT TO THIS SECTION FOR ANY WORK INVOLVING THE DELIVERY  TO
 AND  HAULING FROM SUCH PROJECTS OF AGGREGATE SUPPLY CONSTRUCTION MATERI-
 ALS, AS WELL AS ANY RETURN HAULS, WHETHER EMPTY OR LOADED AND  ANY  TIME
 SPENT LOADING/UNLOADING.
   §  2.  The provisions of this act shall not apply to a covered project
 as defined in section 224-a of the labor law.
   § 3. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts entered into on and after such date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02673-02-1

Co-Sponsors

S255B (ACTIVE) - Details

See Assembly Version of this Bill:: A1106
Law Section:: Labor Law
Laws Affected:: Amd §220, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S8334, A10626

S255B (ACTIVE) - Summary

S255B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S255B        REVISED 10/15/2021

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the labor law, in relation to the payment of prevailing
wage for work involving the delivery to and hauling of aggregate supply
construction materials

 
PURPOSE:  To include work involving delivery and hauling in the defi-
nition of construction for the purpose of prevailing wage.

 
SUMMARY OF PROVISIONS:

Section 1. Adds a new paragraph f of subdivision 3-a of section 220, of
the labor law to include delivering and hauling of aggregate supply
construction materials under the existing prevailing wage provisions.

Sections 2 and 3 clarifies applicability of this bill.

Section 4 sets the effective date.

 
JUSTIFICATION:

The New York State Constitution makes clear that it is the public policy
of New York to pay the prevailing wage to those working on publicly
financed construction projects. Yet not all workers on the projects
originally intended to be covered are currently protected.

Under section 220 of the Labor Law, projects that are deemed to be
"public" are required to pay prevailing wage for "laborers, workmen or
mechanics". Unfortunately, some contractors pay prevailing wage to those
laborers, workmen or others who deliver aggregate supply construction
materials, and others do not, because the current law is not clear that
prevailing wage applies to these workers. In some cases the Department
of Labor also differentiates on when drivers who haul aggregate supply
must be paid prevailing wage.

Delivering and hauling of aggregate supply, including sand, gravel,
stone, concrete, recycled concrete, slag, dirt/soil/fill, asphalt, recy-
cled asphalt/millings, and other related granular materials is an inte-
gral part of construction projects. This bill rectifies inequities for
the drivers who deliver aggregate supply materials or products to and
from a public works project site.

This bill does not apply to nor affect the newly-enacted sections of
Labor Law 224-a and 224-d, titled "Prevailing wage requirements applica-
ble to construction projects performed under private contract" and "Wage
requirements for certain renewable energy systems." The provisions of
this bill should not be interpreted to applying prevailing wage on a
public works project unrelated to the delivery of aggregate supply, such
as traditional one-way deliveries, or deliveries of non-aggregate supply
material or products from an off-site facility to the project site of
work.

 
LEGISLATIVE HISTORY:

S8334A of 2020, passed the Senate.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to contracts
entered into on or after such date.

S255B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  255--B
     Cal. No. 592
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MAYER, HARCKHAM, LIU, REICHLIN-MELNICK -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Labor  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- 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 the payment of  prevailing
   wage  for  work  involving  the  delivery  to and hauling of aggregate
   supply construction materials
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3-a of section 220 of the labor law is amended
 by adding a new paragraph f to read as follows:
   F. PREVAILING WAGE SHALL BE PAID FOR WORK PERFORMED ON A PUBLIC  WORKS
 PROJECT  PURSUANT TO THIS SECTION FOR ANY WORK INVOLVING THE DELIVERY TO
 AND HAULING FROM SUCH PROJECTS OF AGGREGATE SUPPLY CONSTRUCTION  MATERI-
 ALS,  AS  WELL AS ANY RETURN HAULS, WHETHER EMPTY OR LOADED AND ANY TIME
 SPENT LOADING/UNLOADING.
   § 2. The provisions of this act shall not apply to a  covered  project
 as defined in section 224-a of the labor law.
   § 3.  The provisions of this act shall not apply to a renewable energy
 system as defined in section 224-d of the labor law.
   §  4.  This  act  shall  take  effect  immediately  and shall apply to
 contracts entered into on and after such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02673-05-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S255B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

Mar 16, 2021 - Labor committee Vote

Committee Vote: Mar 16, 2021

Bill Amendments

Co-Sponsors

S255 - Details

S255 - Summary

S255 - Sponsor Memo

S255 - Bill Text download pdf

Co-Sponsors

S255A - Details

S255A - Summary

S255A - Sponsor Memo

S255A - Bill Text download pdf

Co-Sponsors

S255B (ACTIVE) - Details

S255B (ACTIVE) - Summary

S255B (ACTIVE) - Sponsor Memo

S255B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S255B

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

Mar 16, 2021 - Labor committee Vote

Committee Vote: Mar 16, 2021

Bill Amendments

Co-Sponsors

S255 - Details

S255 - Summary

S255 - Sponsor Memo

S255 - Bill Text download pdf

Co-Sponsors

S255A - Details

S255A - Summary

S255A - Sponsor Memo

S255A - Bill Text download pdf

Co-Sponsors

S255B (ACTIVE) - Details

S255B (ACTIVE) - Summary

S255B (ACTIVE) - Sponsor Memo

S255B (ACTIVE) - Bill Text download pdf

Comments