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ABC Members Guide to the Hauling & Delivery of Aggregate Supply to Public Jobs

Prevailing Wage for Aggregate Hauling

This webpage serves as your guide to better understand and comply with New York State's new requirements related to prevailing wage for the hauling & delivery of aggregate supplies.

Recent Updates:

50-Mile Radius Rule Update

On April 11, 2024, the Appellate Division affirmed the lower court’s dismissal of the lawsuit challenging the 50-mile radius rule and the stay on enforcement of 12 NYCRR 222.2(c) has been lifted. Therefore, the Department will begin enforcing the 50-mile radius provision of 12 NYCRR 222.2(c) on all projects solicited on or after July 1, 2024, to coincide with the annual publication of the prevailing wage schedule.

Further guidance on compliance with Labor Law Section 220(3-a)(f) as clarified by 12 NYCRR 222.2 will be published soon by the NYSDOL.

Here is the rule: 

(c) Prevailing wage shall be paid for work performed within a 50-mile radius of a worksite involving the delivery of aggregate supply construction materials from a vendor of aggregate supply construction materials, such as a plant or quarry, to a worksite, except prevailing wage shall not be paid to direct employees of a supplier of aggregate supply construction materials when making a single delivery in a given day.

If you have any questions, please contact Tanner Schmidt at or (585) 730-1814.


After passing both houses, A.8727/S.7811 was signed by Governor Hochul in February 2022. It amends paragraph f of subdivision 3-a of section 220 of the labor law relating to the payment of prevailing wage for work involving the delivery to and hauling of aggregate supply construction materials.

What You Need to Know:

  • Prevailing wage must be paid in the following circumstances:
    • Work performed at a worksite involving delivering aggregate supply construction materials to such worksite.
    • Work performed involving the hauling of aggregate supply construction materials from a worksite to a central stockpile, as well as any return hauls, empty or loaded, time spent loading or unloading at a worksite, and time spent loading or unloading at a central stockpile related to hauls from or to a worksite.

Key Definitions: 

  • “Worksite” means the area in which the improvements associated with a specific project, as defined in the construction contract, and any surrounding areas supporting that specific project.
  • “Central stockpile” means a location of centrally stockpiled materials solely dedicated for use on a public work project that is not part of a worksite but intended to support the worksite.
  • “Aggregate supply construction materials” means sand, gravel, stone, crushed stone, dirt, soil, millings, and fill.