Assembly Bill A2057B

2021-2022 Legislative Session

Enacts the "roadway excavation quality assurance act"

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

multi-Sponsors

2021-A2057 - Details

See Senate Version of this Bill:
S1252
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §224-e, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6970
2013-2014: A5234
2015-2016: A3328
2017-2018: A4871, S8773
2019-2020: A5693, A9872, S3699
2023-2024: A5608, S4887

2021-A2057 - 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-A2057 - Bill Text download pdf 

                            
 
                     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.

co-Sponsors

multi-Sponsors

2021-A2057A - Details

See Senate Version of this Bill:
S1252
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §224-e, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6970
2013-2014: A5234
2015-2016: A3328
2017-2018: A4871, S8773
2019-2020: A5693, A9872, S3699
2023-2024: A5608, S4887

2021-A2057A - 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-A2057A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2057--A
 
                        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,  STERN,  GALLAGHER,  SILLITTI,   BRONSON,
   BARRON,  BURDICK,  THIELE,  DE LA ROSA, BRAUNSTEIN, EPSTEIN, GANDOLFO,
   DURSO, JACKSON, ENGLEBRIGHT, LAWLER, SEPTIMO, DARLING, MAMDANI, ZINER-
   MAN -- 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
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2021-A2057B (ACTIVE) - Details

See Senate Version of this Bill:
S1252
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §224-e, Lab L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6970
2013-2014: A5234
2015-2016: A3328
2017-2018: A4871, S8773
2019-2020: A5693, A9872, S3699
2023-2024: A5608, S4887

2021-A2057B (ACTIVE) - 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-A2057B (ACTIVE) - Bill Text download pdf 

                             
                     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

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