* § 224-f. Workers on excavations. 1. For the purposes of this\nsection:\n a. "Covered excavation project" shall mean construction work for which\na permit may be issued to a contractor or subcontractor of a utility\ncompany by the state, a county or a municipality to use, excavate, or\nopen a street. A "covered excavation project" shall exclude construction\nwork for which a permit may be issued to a service provided as defined\nby subdivision twenty-three of section one thousand twenty-b of the\npublic authorities law.\n b. "Department of jurisdiction" shall mean the department of the\nstate, board or officer in the state, or municipal corporation or\ncommission or board appointed pursuant to law, whose duty it is to issue\na permit to a utility company, or its contractors or subcontractors, for\na covered excavation project.\n c. "Fiscal officer" shall mean the commissioner; except for covered\nexcavation projects performed pursuant to a permit issued by a city with\na population in excess of one million in which case the "fiscal officer"\nshall be the comptroller or other analogous officer of such city.\n d. "Utility company" shall have the same meaning as subdivision\ntwenty-three of section two of the public service law.\n 2. Each contractor or subcontractor to a utility company shall be\nrequired to pay not less than the prevailing rate of wage in the same\ntrade or occupation in the locality within the state where such covered\nexcavation project is situated to each laborer, worker, or mechanic in\nthe employ of the contractor or subcontractor to a utility company,\nperforming work on the project in accordance with sections two hundred\ntwenty and two hundred twenty-b of this article. No permit shall be\nissued for a covered excavation project until an agreement confirming\nthe payment of wages as required by this section has been contractually\nmandated and filed with the department of jurisdiction, and all permits\nissued after the effective date of this section shall include therein a\ncopy of this section.\n 3. The enforcement of any covered excavation project pursuant to this\nsection shall be subject to the requirements of sections two hundred\ntwenty, two hundred twenty-a, two hundred twenty-b, two hundred\ntwenty-three and two hundred twenty-four-b of this article and section\ntwo hundred twenty-seven of this chapter and within the jurisdiction of\nthe fiscal officer; provided, however, nothing contained in this section\nshall be deemed to construe any covered excavation project as otherwise\nbeing considered public work pursuant to this article.\n 4. The fiscal officer may issue rules and regulations governing the\nprovisions of this section. Any violation of this section shall be\ngrounds for determinations and orders pursuant to section two hundred\ntwenty-b of this article.\n * NB There are 2 § 224-f's\n
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