S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4887
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced by Sens. GIANARIS, ADDABBO, BAILEY, BRESLIN, BRISPORT, BROUK,
   COMRIE,  COONEY, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON,
   KAVANAGH, KENNEDY, LIU, MANNION, MATTERA, MAY, MAYER, MYRIE,  PERSAUD,
   RAMOS,  RIVERA,  RYAN,  SALAZAR,  SANDERS, SERRANO, 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 224-f to read as
 follows:
   § 224-F. 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 CONTRACTOR OR  SUBCONTRACTOR  OF  A  UTILITY
 COMPANY  BY  THE  STATE, A COUNTY OR A MUNICIPALITY TO USE, EXCAVATE, OR
 OPEN  A  STREET.    A  "COVERED  EXCAVATION   PROJECT"   SHALL   EXCLUDE
 CONSTRUCTION WORK FOR WHICH A PERMIT MAY BE ISSUED TO A SERVICE PROVIDED
 AS  DEFINED BY SUBDIVISION TWENTY-THREE OF SECTION ONE THOUSAND TWENTY-B
 OF THE PUBLIC AUTHORITIES LAW.
   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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08346-01-3
              

 S. 4887                             2
 
   D.  "UTILITY COMPANY" SHALL HAVE THE SAME MEANING AS SUBDIVISION TWEN-
 TY-THREE OF SECTION TWO OF THE PUBLIC SERVICE LAW.
   2.  EACH  CONTRACTOR  OR  SUBCONTRACTOR  TO A UTILITY COMPANY 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  CONTRACTOR  OR SUBCONTRACTOR TO A UTILITY COMPANY,
 PERFORMING WORK ON THE PROJECT IN ACCORDANCE 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.  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.  Paragraph e of subdivision 3-a of section 220 of the labor  law,
 as  added  by  chapter  591  of  the laws of 2008, is amended to read as
 follows:
   e. (I) Utility companies [and their  contractors  and  subcontractors]
 who, under local law or ordinance, are required, as a condition of issu-
 ance  of a permit to use or open a street, to agree that none but compe-
 tent workers, skilled in the work required of  them  shall  be  employed
 thereon and that prevailing scale of union wages shall be the prevailing
 wage  for the similar titles as established by the fiscal officer pursu-
 ant to this section, paid to those so employed,  shall  be  required  to
 keep  original  payrolls or transcripts thereof, subscribed and sworn to
 or affirmed by him or her  as  true  under  the  penalties  of  perjury,
 setting  forth  the  names  and  addresses and showing for each workman,
 laborer, or mechanic the hours and days worked, the occupations  worked,
 the  hourly wage rates paid and the supplements paid or provided as, and
 in the manner required by paragraphs a, b and c of this subdivision.
   (II) UTILITY COMPANY CONTRACTORS AND SUBCONTRACTORS TO WHOM  A  PERMIT
 MAY BE ISSUED, TO USE OR OPEN A STREET, SHALL BE REQUIRED TO COMPLY WITH
 SECTION TWO HUNDRED TWENTY-FOUR-F OF THIS ARTICLE, AS A CONDITION OF THE
 ISSUANCE  OF  A  PERMIT  TO USE OR OPEN A STREET, TO AGREE THAT NONE BUT
 COMPETENT WORKERS, SKILLED  IN  THE  WORK  REQUIRED  OF  THEM  SHALL  BE
 EMPLOYED  THEREON  AND THAT PREVAILING SCALE OF UNION WAGES SHALL BE THE
 PREVAILING WAGE FOR THE SIMILAR TITLES  AS  ESTABLISHED  BY  THE  FISCAL
 OFFICER  PURSUANT  TO  THIS SECTION, PAID TO THOSE SO EMPLOYED, SHALL BE
 REQUIRED TO KEEP ORIGINAL PAYROLLS OR  TRANSCRIPTS  THEREOF,  SUBSCRIBED
 AND  SWORN  TO  OR AFFIRMED BY HIM OR HER AS TRUE UNDER THE PENALTIES OF
 PERJURY, SETTING FORTH THE NAMES AND  ADDRESSES  AND  SHOWING  FOR  EACH
 WORKMAN, LABORER, OR MECHANIC THE HOURS AND DAYS WORKED, THE OCCUPATIONS
 WORKED,  THE HOURLY WAGE RATES PAID AND THE SUPPLEMENTS PAID OR PROVIDED
 S. 4887                             3
 
 AS, AND IN THE MANNER REQUIRED BY PARAGRAPHS A, B AND C OF THIS SUBDIVI-
 SION.
   §  4.  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.