An ABC Members Guide to the Roadway Excavation Quality Assurance Act

The New York State Department of Labor has issued a Frequently Asked Questions sheet to clarify some major questions that have come up from this law. You can access this FAQ below:

What if an open-ended or long-term contract for covered excavation projects was signed or solicited before the Effective date of September 15, 2023?

• Then, any specific project (specific location/scope of work specified in a permit) under that contract that is already underway or for which a permit was already obtained or applied is not subject to this law.
• Any new project/location under that contract that requires a new permit, applied for on or after the effective date, will be subject to the law.

If a general contract has already been awarded, but the subcontracts have not been by the effective date, will the subcontracts be subject to this law?

• No, the general contract controls the statute's applicability to the project.
• If the general contract was long-term or open-ended, see the question above.

Does this law only apply to “excavation”?

• No - projects requiring a permit to excavate, open, or otherwise use a street to perform utility work are covered by this law.

Does this law cover only the opening/excavation of the street or all work performed on the project?

• All the utility work in, on, or under the street is covered, including temporary patching to final repair.

What about boring projects that go entirely underneath the street?

• The work is covered if a permit is required to access the street or the ground below it.

Is work performed adjacent to the street for which the permit was issued to open/excavate/use also subject to
prevailing wage?

• Work in, on, or under the adjacent curb, sidewalk, shoulder area, or right of way is covered if a permit is required to excavate, open, or use the street.
• Work performed on private property past the curb or right of way is not subject to this law.
• NOTE: If the project costs are in excess of $5 million dollars and it received public funding greater than or equal to 30% of the project costs, then Labor Law section 224-a may apply.

What is defined as a street?

• A “street” means any highway, road, avenue, lane, or alley which the public has a right to use

Is the “contract” date the date of issuance of the permit by the public entity or the date the contract between the utility and contractor was signed?

• A contract date is the date an actual contract between the utility and contractor was signed.

What if the work performed required a permit, but no permit was obtained?

• The work is still covered, and you must still pay the Prevailing Wage.

What utility work is covered by this law?

• Electric, gas, water, steam, sewer, fuel, geothermal, and telephone/telegraph

What is considered a cable television company?

• Pursuant to the Public Service Law: "Cable television company" shall mean any person owning, controlling, operating, managing, or leasing one or more cable television systems within the state.\
• “Cable television system" shall mean any system that operates for hire the service of receiving and amplifying programs broadcast by one or more television or radio stations or any other programs
  originated by a cable television company or any other party, and distributing such programs by wire, cable, microwave, or other means, whether owned or leased, to persons in one or more municipalities who subscribe to such service.
  • It does not include any system that serves fewer than fifty subscribers or any master antenna television system.

What if a cable television company also performs other utility work? Are they covered by this law?

• If the work being performed relates to a utility defined in section 2(23) of the Public Service Law, then it will be considered a utility company subject to the provisions of this law for that project.

What about broadband internet companies? 

• They're not included in the scope of the Public Services Law section 2(23) and, therefore, are not considered a utility for purposes of this law.
• NOTE: Work performed to extend broadband internet infrastructure that receives certain ConnectAll funding may be subject to the prevailing wage requirements of Section 224-E.

What prevailing wage rates apply to the different types of utility work? 

• If you're unsure what wage rates are enforced for specific utility work in your region, please contact your nearest Bureau of Public Work District Office to find out: https://dol.ny.gov/public-work-and-prevailing-wage-contact

Who should request a PRC number? 

• The PRC number is the prevailing wage rate case number assigned to a public work project, covered private project, or any other project subject to prevailing wages pursuant to labor law articles 8 & 9
• The department of jurisdiction is responsible for obtaining a PRC number from the Bureau of Public Works.

Who needs to retain certified payrolls? 

• Contractors and subcontractors performing covered work and the department of jurisdiction/permit issuing department.