BILL NUMBER: S7485

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the labor law, in relation to prevailing wage for those
involved in the hauling of concrete and asphalt

 
PURPOSE OF BILL:

The purpose of this bill is to require the payment of prevailing wage
for work performed on a public works worksite for any work involving the
delivery to and hauling from such worksites of concrete and asphalt, in
the counties of Nassau, Putnam, Suffolk, and Westchester, and in the
city of New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new paragraph g to subdivision 3-a of
section 220 of the labor law to require the payment of prevailing wage
for work performed on a public works worksite for any work involving the
delivery to and hauling from such worksites of concrete and asphalt, 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 construction 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
require that prevailing wage also be paid for the hauling of concrete
and asphalt to and from public works worksites in the counties of
Nassau, Putnam, Suffolk, and Westchester, and in the city of New York.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S9611A (Mayer), similar bill, died in Labor.

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.