1
_____________________________
Chairman Phil Mendelson
1
2
3
4
5 A BILL
6
7
8
9
10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11
12
13
14
15 To establish an Underground Utility Work minimum wage for workers employed on
16 underground projects by contractors, and subcontractors of the electrical company, which
17 is regulated by the Public Service Commission of the District of Columbia; establish a
18 prevailing wage track for workers employed on underground projects by electric utility
19 contractors and subcontractors; and provide for wage enforcement by the government of
20 the District of Columbia.
21
22
23 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24 act may be cited as the “Electrical Utility Underground Work Wage Act of 2023 ”.
25 Title 34, Subtitle 3 of the DC Official Code is amended by adding a new Chapter 16 to
26 read as follows:
27 “Sec. 2. Definitions
28 “(1) "Electric company" shall have the same meaning as provided in D.C. Official
29 Code § 34-207; and
30 “(2) “Underground Utility Work” shall mean work on contracts awarded by the
31 electric company in an amount over $250,000 that requires the District to issue a permit pursuant
Councilmember Kenyan R. McDuffie 2
32 to D.C. Official Code § 47-2718 to perform underground excavation utility construction work.
33 Sec. 3. Electric Company Contractor and Subcontractor Underground Utility Work
34 Minimum Wage
35 “(a) For the purposes of this section, the Underground Utility Work minimum wage shall
36 be $20 per hour.
37 “(1) The Underground Utility Work minimum wage shall increase by $1 on
38 January 1 each subsequent year until the Underground Utility Work minimum wage is $22 per
39 hour, after which the Department of Employment Services shall adjust the Underground Utility
40 Work minimum wage rate for the previous calendar year, on an annual basis by the annual
41 average increase, if any, in the Consumer Price Index for all Urban Consumers in the
42 Washington Metropolitan Statistical Area published by the Bureau of Labor Statistics of the
43 United States Department of Labor up to 3%. The Department shall calculate the adjustment to
44 the nearest multiple of $.05 and shall publish the adjusted rate not later than March 1 of each
45 year.
46 “(b) All recipients of contracts for Underground Utility Work awarded by the electric
47 company in an amount over $250,000 shall pay workers directly performing duties pursuant to
48 those contracts no less than the Underground Utility Work minimum wage, provided that the
49 electric company contract requires the District to issue a permit to D.C. Official Code § 47-2718
50 to perform underground excavation work.
51 “(c) All subcontractors of recipients of contracts for Underground Utility Work
52 described in subsection (b) shall pay their workers directly performing duties pursuant to those
53 contracts no less than the Underground Utility Work minimum wage, provided that the
3
54 subcontractor receives over $50,000 from a recipient and that the receipt of funds is from the
55 electric company contract.
56 Sec. 4. Electric Company Contractor and Subcontractor Underground Utility Work
57 Prevailing Wage
58 “(a) For the purposes of this section, the underground utility work prevailing wage shall
59 be the equivalent of the prevailing wage, exclusive of fringe and benefits, published in the wage
60 determination for Washington DC published by the U.S. Department of Labor for the following
61 categories of workers:
62 “(1) Foreman (Group 5 of Laborers (Heavy & Highway & Sewer & Water Line
63 Construction);
64 “(2) Crew Leader (Group 3 of Laborers (Heavy & Highway & Sewer and Water
65 Lines)
66 “(3) Skilled Laborer/Pipe Layer (Group 1 Laborers (Heavy & Highway & Sewer
67 and Water Lines);
68 “(4) Laborer (Paving/Incidental Grading), unless the Underground Utility Work
69 minimum wage in Sec. 3 of this act is higher;
70 “(5) Operator (Group 3 (Sewer, Gas, Waterline Construction); and
71 “(6) Truck Driver (Heavy & Highway).
72 “(b) All recipients of contracts awarded by the electric company in an amount over
73 $250,000 or more shall pay workers described subsection (a)(1-4), performing duties directly
74 pursuant to those contracts, no less than the underground utility work prevailing wage, provided
75 that the electric company contract requires the District to issue a permit pursuant to D.C. Official
76 Code § 47-2718 to perform underground excavation work.
4
77 “(c) All subcontractors of recipients described in subsection (b) shall pay their applicable
78 workers directly performing duties pursuant to those contracts no less than the Underground
79 Utility Work prevailing wage described in this section, provided that the subcontractor receives
80 over $50,000 from a recipient and that the receipt of funds is from the electric company contract.
81 “(d) Notwithstanding the adoption of the Davis-Bacon rates, the enforcement provisions
82 of the Davis-Bacon Act and its implementing regulations shall not apply to this Law. This law
83 shall be enforced in the manner set forth in Section 6, below.
84 Sec. 5. Implementation and Guidelines
85 “(a) Each recipient of an electric company contract subject to this act shall notify each
86 subcontractor of applicable wage requirements.
87 “(1) The notification shall be in writing.
88 “(b) Contractors and subcontractors subject to this act shall retain payroll records created
89 and maintained in the regular course of business under District of Columbia law for a period of
90 at least 3 years or the prevailing federal standard at the time the record is created, whichever is
91 greater.
92 “(c) Any wage established under an existing collective bargaining agreement or by the
93 recipients of a federal law or grant shall continue as long as that agreement, law, or grant shall
94 remain in effect. This law shall not apply to vary or contradict an existing collective bargaining
95 agreement.
96 “(d) The Covered Employers acknowledge the rights of employees under the National
97 Labor Relations Act, 29 U.S.C. 157.
98 “Sec. 6. Enforcement
99 “(a) Enforcement of this act shall be consistent with existing wage enforcement in the
5
100 District.
101 (1) The electric company shall not be liable for any claims pursuant to this act.
102 “(b) The Mayor shall annually publish a year-long wage schedule in the District of
103 Columbia Register based on the requirements of this act.
104 “(c) The Mayor shall promulgate rules or issue guidance as necessary for the
105 implementation of this act.
106 “Sec. 7. Applicability
107 “(a) Section 3 of this act shall take effect 90 days after the effective date of this act.
108 “(b) Section 4 of this act shall take effect one year after the effective date of Section 3.
109 “Sec. 8. Fiscal impact statement.
110 “The Council adopts the fiscal impact statement in the committee report as the fiscal
111 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
112 approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(3)).”
113 Sec. 9. Effective date.
114 This act shall take effect following approval by the Mayor (or in the event of veto by the
115 Mayor, action by the Council to override the veto), a 30 -day period of Congressional review as
116 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
117 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of
118 Columbia Register.