District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0587 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1
2		-	~~ENROLLED~~ ORIGINAL
	2	+	ENGROSSED ORIGINAL
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4	4
5	5
6	6
7		-	AN ACT
8		-
9		-	___________
10		-
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	___________
15		-
16		-
17		-	To establish a prevailing wage for workers employed on underground utility work by a
18		-	contractor or subcontractor of a gas company or an electric company, and to provide for
19		-	wage enforcement by the government of the District of Columbia.
20		-
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	act may be cited as the “Electrical and Gas Utility Underground Work Wage Act of 2024”.
23		-
24		-	Sec. 2. Definitions.
25		-	For the purposes of this act, the term:
26		-	(1) “Covered employer” means a contractor of a gas company or an electric
27		-	company contracted to perform underground utility work in a contract amount over $250,000.
28		-	(2) “Davis-Bacon Act” means An Act Relating to the rate of wages for laborers
29		-	and mechanics employed on public buildings of the United States and the District of Columbia
30		-	by contractors and subcontractors, and for other purposes, approved March 3, 1931 (46 Stat.
31		-	1494; 40 U.S.C. 3141 et seq ).
32		-	(3) "Electric company" shall have the same meaning as in section 8 of An Act
33		-	Making appropriations to provide for the expenses of the government of the District of Columbia
34		-	for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes,
35		-	approved March 4, 1913 (37 Stat. 976; D.C. Official Code § 34-207) (“Act”).
36		-	(4) “Gas company” shall have the same meaning as in section 8 of the Act ( D.C.
37		-	Official Code § 34-209).
38		-	(5) “Prevailing wage” means the wage paid to specified categories of workers, as
39		-	described in section 3, doing underground utility work.
40		-	(6) “Underground utility work ” means work pursuant to a contract awarded to a
41		-	covered employer by a gas company or an electric company in an amount over $250,000 for
42		-	which a permit is required under section 6 of the Underground Facilities Protection Act of 1980,
43		-	effective March 4, 1981 (D.C. Law 3- 127; D.C. Official Code § 34- 2705) (“Underground
44		-	Facilities Protection Act”) or D.C. Official Code § 47- 2718 to excavate a street or other public
45		-	space for the purpose of installing, maintaining, replacing, demolishing , as defined in section
46		-	2(1) of the Underground Facilities Protection Act (D.C. Official Code § 34-2701(1)), or
47		-	removing a utility line or underground facility. The term includes traffic control and all other
48		-	construction tasks necessary to perform and complete the underground utility work. 2
49		-	ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	3
	10	+	4
	11	+	5
	12	+	6
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
	14	+	8
	15	+	9
	16	+	10
	17	+	11
	18	+	12
	19	+	To establish a prevailing wage for workers employed on underground utility work by a 13
	20	+	contractor or subcontractor of a gas company or an electric company, and to provide for 14
	21	+	wage enforcement by the government of the District of Columbia. 15
	22	+	16
	23	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 17
	24	+	act may be cited as the “Electrical and Gas Utility Underground Work Wage Act of 2024”. 18
	25	+	19
	26	+	Sec. 2. Definitions. 20
	27	+	21
	28	+	For the purposes of this act, the term: 22
	29	+	(1) “Covered employer” means a contractor of a gas company or an electric 23
	30	+	company contracted to perform underground utility work in a contract amount over $250,000. 24
	31	+	(2) “Davis-Bacon Act” means An Act Relating to the rate of wages for laborers 25
	32	+	and mechanics employed on public buildings of the United States and the District of Columbia 26
	33	+	by contractors and subcontractors, and for other purposes, approved March 3, 1931 (46 Stat. 27
	34	+	1494; 40 U.S.C. 3141 et seq ). 28
	35	+	(3) "Electric company" shall have the same meaning as in section 8 of An Act 29
	36	+	Making appropriations to provide for the expenses of the government of the District of Columbia 30
	37	+	for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, 31
	38	+	approved March 4, 1913 (37 Stat. 976; D.C. Official Code § 34-207) (“Act”). 32 2
	39	+	ENGROSSED ORIGINAL
50	40
51	41
52	42
53	43
54		-
55		-	Sec. 3. Prevailing wage requirement.
56		-	(a)(1) Within 180 days after the applicability date of this act, t he underground utility work
57		-	prevailing wage for the following categories of workers shall be the equivalent of the prevailing
58		-	wage, including fringe benefits, under the Davis-Bacon Act, as published in the Washington D.C.
59		-	wage determination by the U.S. Department of Labor (“Wage and Hour Division”) :
60		-	(A) Foreman (Group 5 of Laborers (Heavy & Highway & Sewer & Water
61		-	Line Construction);
62		-	(B) Crew Leader (Group 3 of Laborers (Heavy & Highway & Sewer and
63		-	Water Lines)
64		-	(C) Skilled Laborer/Pipe Layer (Group 1 Laborers (Heavy & Highway &
65		-	Sewer and Water Lines);
66		-	(D) Operator (Group 3 (Sewer, Gas, Waterline Construction); and
67		-	(E) Truck Driver (Heavy & Highway).
68		-	(2) If a category of workers as listed in paragraph (1) (A) through (E) of this
69		-	subsection is no longer published by the Wage and Hour Division, the Mayor shall by rule
70		-	establish and apply an alternative classification.
71		-	(b) A covered employer awarded a contract for underground utility work shall pay its
72		-	workers described in subsection (a) of this subsection or as established by rule who are
73		-	performing duties pursuant to the contract no less than the prevailing wage .
74		-	(c) If a subcontractor to a covered employer receives over $50,000 and the receipt of those
75		-	funds is from the contract with a gas company or an electric company, the subcontractor shall pay
76		-	its workers performing duties described in subsection (a) of this section pursuant to the contract
77		-	no less than the prevailing wage.
78		-	(d) Notwithstanding the adoption of the Davis-Bacon wage rates, the enforcement
79		-	provisions of the Davis-Bacon Act and its implementing regulations shall not apply to this act.
80		-	This act shall be enforced pursuant to section 6.
81		-	Sec. 4. Notification and record- keeping requirements.
82		-	(a) A covered employer subject to this act shall notify each subcontractor in writing of the
83		-	prevailing wage requirements.
84		-	(b) Covered employers and subcontractors subject to this act shall:
85		-	(1) Retain payroll records created and maintained in the regular course of business
86		-	under District of Columbia law for a period of at least 3 years or the prevailing federal standard
87		-	at the time the record is created, whichever is greater; and
88		-	(2) Acknowledge and abide by the rights of employees under the National Labor
89		-	Relations Act (29 U.S.C. § 157) .
90		-	Sec. 5. Nonliability of utility company.
91		-	A gas or an electric company shall not be liable for any claims pursuant to this act.
92		-	3
93		-	ENROLLED ORIGINAL
	44	+	(4) “Gas company” shall have the same meaning as in section 8 of the Act ( D.C. 33
	45	+	Official Code § 34-209). 34
	46	+	(5) “Prevailing wage” means the wage paid to specified categories of workers , as 35
	47	+	described in section 3, doing underground utility work. 36
	48	+	(6) “Underground utility work ” means work pursuant to a contract awarded to a 37
	49	+	covered employer by a gas company or an electric company in an amount over $250,000 for 38
	50	+	which a permit is required under section 6 of the Underground Facilities Protection Act of 1980, 39
	51	+	effective March 4, 1981 (D.C. Law 3- 127; D.C. Official Code § 34- 2705) (“Underground 40
	52	+	Facilities Protection Act”) or D.C. Official Code § 47- 2718 to excavate a street or other public 41
	53	+	space for the purpose of installing, maintaining, replacing, demolishing, as defined in section 42
	54	+	2(1) of the Underground Facilities Protection Act (D.C. Official Code § 34-2701(1)), or 43
	55	+	removing a utility line or underground facility. The term includes traffic control and all other 44
	56	+	construction tasks necessary to perform and complete the underground utility work. 45
	57	+	Sec. 3. Prevailing wage requirement. 46
	58	+	(a)(1) Within 180 days after the effective date of this act, t he underground utility work 47
	59	+	prevailing wage for the following categories of workers shall be the equivalent of the prevailing 48
	60	+	wage, including fringe benefits, under the Davis-Bacon Act, as published in the Washington D.C. 49
	61	+	wage determination by the U.S. Department of Labor (“Wage and Hour Division”) : 50
	62	+	(A) Foreman (Group 5 of Laborers (Heavy & Highway & Sewer & Water 51
	63	+	Line Construction); 52
	64	+	(B) Crew Leader (Group 3 of Laborers (Heavy & Highway & Sewer and 53 3
	65	+	ENGROSSED ORIGINAL
94	66
95	67
96	68
97	69
98		-	Sec. 6. Enforcement; rulemaking.
99		-	“(a) The mayor shall enforce this act consistent with existing wage enforcement in the
100		-	District.
101		-	(b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
102		-	Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), may issue
103		-	rules as necessary to implement this act.
104		-
105		-	Sec. 7. Applicability.
106		-	This act shall apply 180 days after its applicability date.
107		-
108		-	Sec. 8. Applicability.
109		-	(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved
110		-	budget and financial plan.
111		-	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
112		-	an approved budget and financial plan, and provide notice to the Budget Director of the Council
113		-	of the certification.
114		-	(c)(1) The Budget Director shall cause the notice of the certification to be published in
115		-	the District of Columbia Register.
116		-	(2) The date of publication of the notice of the certification shall not affect the
117		-	applicability of this act.
118		-
119		-	Sec. 9. Fiscal impact statement.
120		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
121		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
122		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
123		-
124		-	Sec. 10. Effective date.
125		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
126		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review
	70	+	Water Lines) 54
	71	+	(C) Skilled Laborer/Pipe Layer (Group 1 Laborers (Heavy & Highway & 55
	72	+	Sewer and Water Lines); 56
	73	+	(D) Operator (Group 3 (Sewer, Gas, Waterline Construction); and 57
	74	+	(E) Truck Driver (Heavy & Highway). 58
	75	+	(2) If a category of workers as listed in paragraph (1) (A) through (E) of this 59
	76	+	subsection is no longer published by the Wage and Hour Division, the Mayor shall by rule 60
	77	+	establish and apply an alternative classification. 61
	78	+	(b) A covered employer awarded a contract for underground utility work shall pay its 62
	79	+	workers described in subsection (a) of this subsection or as established by rule who are 63
	80	+	performing duties pursuant to the contract no less than the prevailing wage . 64
	81	+	(c) If a subcontractor to a covered employer receives over $50,000 and the receipt of those 65
	82	+	funds is from the contract with a gas company or an electric company, the subcontractor shall pay 66
	83	+	its workers performing duties described in subsection (a) of this section pursuant to the contract 67
	84	+	no less than the prevailing wage. 68
	85	+	(d) Notwithstanding the adoption of the Davis-Bacon wage rates, the enforcement 69
	86	+	provisions of the Davis-Bacon Act and its implementing regulations shall not apply to this act. 70
	87	+	This act shall be enforced pursuant to section 6. 71
	88	+	Sec. 4. Notification and record- keeping requirements. 72
	89	+	(a) A covered employer subject to this act shall notify each subcontractor in writing of the 73
	90	+	prevailing wage requirements. 74 4
	91	+	ENGROSSED ORIGINAL
127	92
128	93
129	94
130	95
	96	+	(b) Covered employers and subcontractors subject to this act shall: 75
	97	+	(1) Retain payroll records created and maintained in the regular course of business 76
	98	+	under District of Columbia law for a period of at least 3 years or the prevailing federal standard 77
	99	+	at the time the record is created, whichever is greater; and 78
	100	+	(2) Acknowledge and abide by the rights of employees under the National Labor 79
	101	+	Relations Act (29 U.S.C. § 157) . 80
	102	+	Sec. 5. Nonliability of utility company. 81
	103	+	A gas or an electric company shall not be liable for any claims pursuant to this act. 82
	104	+	Sec. 6. Enforcement; rulemaking. 83
	105	+	“(a) The mayor shall enforce this act consistent with existing wage enforcement in the 84
	106	+	District. 85
	107	+	(b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 86
	108	+	Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), may issue 87
	109	+	rules as necessary to implement this act. 88
	110	+	Sec. 7. Applicability. 89
	111	+	This act shall apply 180 days after its effective date. 90
	112	+	Sec. 8. Fiscal impact statement. 91
	113	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 92
	114	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 93
	115	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 94
	116	+	Sec. 9. Effective date. 95 5
	117	+	ENGROSSED ORIGINAL
131	118
132	119
133	120
134	121
135		-
136		-
137		-
138		-
139		-	4
140		-	ENROLLED ORIGINAL
141		-
142		-
143		-
144		-
145		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
146		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
147		-
148		-
149		-
150		-
151		-
152		-	___________________________________
153		-	Chairman
154		-	Council of the District of Columbia
155		-
156		-
157		-
158		-
159		-
160		-	_________________________________
161		-	Mayor
162		-	District of Columbia
163		-
164		-
	122	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 96
	123	+	Mayor, action by the Council to override the veto) and a 30-day period of congressional review 97
	124	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 98
	125	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 99