S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5608
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by M. of A. REYES, DINOWITZ, COLTON, CARROLL, CRUZ, DICKENS,
   EPSTEIN, DURSO, GALLAGHER, GUNTHER, BURDICK, BRONSON, McMAHON, LAVINE,
   JOYNER, WALLACE,  SEAWRIGHT,  SIMON,  DeSTEFANO,  OTIS,  L. ROSENTHAL,
   SILLITTI,  STECK,  STERN,  BRABENEC,  JACOBSON,  JEAN-PIERRE,  THIELE,
   FORREST, GANDOLFO, BRAUNSTEIN, MAMDANI, MAGNARELLI, SEPTIMO,  JACKSON,
   RIVERA, ZINERMAN, DARLING, KELLES, MIKULIN -- Multi-Sponsored by -- M.
   of  A.    LUPARDO,  McDONOUGH, MILLER -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08346-01-3
              

 A. 5608                             2
 
 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 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
 A. 5608                             3
 
 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 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.