S T A T E O F N E W Y O R K
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4887
2023-2024 Regular Sessions
I N S E N A T E
February 16, 2023
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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.
