D.C. Act 25-687. Electrical and Gas Utility Underground Work Wage Act of 2024.

AN ACT

To establish a prevailing wage for workers employed on underground utility work by a contractor or subcontractor of a gas company or an electric company, and to provide for wage enforcement by the government of the District of Columbia.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Electrical and Gas Utility Underground Work Wage Act of 2024".

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Covered employer" means a contractor of a gas company or an electric company contracted to perform underground utility work in a contract amount over $250,000.

(2) "Davis-Bacon Act" means An Act Relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes, approved March 3, 1931 (46 Stat. 1494; 40 U.S.C. 3141 et seq).

(3) "Electric company" shall have the same meaning as in section 8 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 976; D.C. Official Code § 34-207) ("Act").

(4) "Gas company" shall have the same meaning as in section 8 of the Act (D.C. Official Code § 34-209).

(5) "Prevailing wage" means the wage paid to specified categories of workers, as described in section 3, doing underground utility work.

(6) "Underground utility work" means work pursuant to a contract awarded to a covered employer by a gas company or an electric company in an amount over $250,000 for which a permit is required under section 6 of the Underground Facilities Protection Act of 1980, effective March 4, 1981 (D.C. Law 3-127; D.C. Official Code § 34-2705) ("Underground Facilities Protection Act") or D.C. Official Code § 47-2718 to excavate a street or other public space for the purpose of installing, maintaining, replacing, demolishing, as defined in section 2(1) of the Underground Facilities Protection Act (D.C. Official Code § 34-2701(1)), or removing a utility line or underground facility. The term includes traffic control and all other construction tasks necessary to perform and complete the underground utility work.

Sec. 3. Prevailing wage requirement.

(a)(1) Within 180 days after the applicability date of this act, the underground utility work prevailing wage for the following categories of workers shall be the equivalent of the prevailing wage, including fringe benefits, under the Davis-Bacon Act, as published in the Washington D.C. wage determination by the U.S. Department of Labor ("Wage and Hour Division"):

(A) Foreman (Group 5 of Laborers (Heavy & Highway & Sewer & Water Line Construction);

(B) Crew Leader (Group 3 of Laborers (Heavy & Highway & Sewer and Water Lines)

(C) Skilled Laborer/Pipe Layer (Group 1 Laborers (Heavy & Highway & Sewer and Water Lines);

(D) Operator (Group 3 (Sewer, Gas, Waterline Construction); and

(E) Truck Driver (Heavy & Highway).

(2) If a category of workers as listed in paragraph (1)(A) through (E) of this subsection is no longer published by the Wage and Hour Division, the Mayor shall by rule establish and apply an alternative classification.

(b) A covered employer awarded a contract for underground utility work shall pay its workers described in subsection (a) of this subsection or as established by rule who are performing duties pursuant to the contract no less than the prevailing wage.

(c) If a subcontractor to a covered employer receives over $50,000 and the receipt of those funds is from the contract with a gas company or an electric company, the subcontractor shall pay its workers performing duties described in subsection (a) of this section pursuant to the contract no less than the prevailing wage.

(d) Notwithstanding the adoption of the Davis-Bacon wage rates, the enforcement provisions of the Davis-Bacon Act and its implementing regulations shall not apply to this act. This act shall be enforced pursuant to section 6.

Sec. 4. Notification and record-keeping requirements.

(a) A covered employer subject to this act shall notify each subcontractor in writing of the prevailing wage requirements.

(b) Covered employers and subcontractors subject to this act shall:

(1) Retain payroll records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 years or the prevailing federal standard at the time the record is created, whichever is greater; and

(2) Acknowledge and abide by the rights of employees under the National Labor Relations Act (29 U.S.C. § 157).

Sec. 5. Nonliability of utility company.

A gas or an electric company shall not be liable for any claims pursuant to this act.

Sec. 6. Enforcement; rulemaking.

(a) The mayor shall enforce this act consistent with existing wage enforcement in the District.

(b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules as necessary to implement this act.

Sec. 7. Applicability.

This act shall apply 180 days after its applicability date.

Sec. 8. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 9. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 10. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).