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On Wednesday, Sept. 14, the New York State Department of Labor released the much-anticipated proposed language to clarify the application of prevailing wage to the hauling of aggregate supply construction materials. ECA plans to provide comments on behalf of the membership. If you have any questions or comments, please contact Todd Helfrich at 518-869-0961 or toddh@ecainc.org. The proposed language is as follows: Part 222 - Hauling of Aggregate Supply Construction Materials § 222.1 Definitions For the purposes of Section 220 of the Labor Law: (a) “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. (b) “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. (c) “Aggregate supply construction materials” means sand, gravel, stone, crushed stone, dirt, soil, millings, and fill. § 222.2 Application For the purposes of Section 220 of the Labor Law: (a) Prevailing wage shall be paid for work performed at a worksite involving the delivery of aggregate supply construction materials to such worksite. (b) Prevailing wage shall be paid for 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. (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. Click here to read the proposed rule language from the NYS Register.