* § 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.

d. "Utility company" shall have the same meaning as subdivision
twenty-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.

* NB There are 2 § 224-f's