N.Y. Labor Law § 224-f*2: Workers on excavations

* § 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