BILL NUMBER: S9611A

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 and hauling of aggregate supply
construction materials

 
PURPOSE OF BILL:

The purpose of this bill is to clarify the definition of "aggregate
supply construction materials" in Section 220 of the Labor Law relating
to work performed on a public works worksite in the counties of Nassau,
Putnam, Suffolk, and Westchester, and in the city of New York, for any
work involving the delivery to and hauling from such worksites of aggre-
gate supply construction materials.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends paragraph f of subdivision 3-a of section
220 of the labor law to define "aggregate supply construction materials"
              

to include concrete and asphalt in addition to sand, gravel, stone,
crushed stone, dirt, soil, millings, and fill, in the counties of
Nassau, Putnam, Suffolk, and Westchester, and in the city of New York.

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. Prior to 2021, not all workers on the
projects originally intended to be covered were protected.

In 2021, subdivision 3-a of section 220 of the labor law was amended by
adding a new paragraph f which provided that prevailing wage shall be
paid for the hauling of "aggregate supply construction materials" to and
from "public works projects." L. 2021 Ch. 823. In 2022, paragraph f was
amended to refer to "worksites" rather than "projects." L. 2022 Ch. 119.

The intent of these changes were to rectify inequities for the drivers
who deliver aggregate supply materials or products to and from public
works project sites.

The Department of Labor subsequently issued regulations defining "aggre-
gate supply construction materials" as "sand, gravel, stone, crushed
stone, dirt, soil, millings, and fill." 12 NYCRR § 222.1.

This bill would add concrete and asphalt to the definition of "aggregate
supply construction materials" for the counties of Nassau, Putnam,
Suffolk, and Westchester, and in the city of New York.

The A-print adds the county of Putnam and the city of New York to the
list of covered municipalities.

 
PRIOR LEGISLATIVE HISTORY:

New bill
 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.