Pennsylvania HB 846: An Act amending the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, further providing for definitions, for specifications, for prevailing wage and for duty of secretary.

Bill Text

PRINTER'S NO. 876
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 846
Session of
2025
INTRODUCED BY DAWKINS, DAVANZO, WEBSTER, KENYATTA, ISAACSON,
WAXMAN, PROKOPIAK, SOLOMON, GIRAL, VENKAT, BOYD, McNEILL,
HARKINS, NEILSON, D. MILLER, SANCHEZ, PROBST, INGLIS,
DONAHUE, MERSKI AND D. WILLIAMS, MARCH 10, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 10, 2025
AN ACT
Amending the act of August 15, 1961 (P.L.987, No.442), entitled
"An act relating to public works contracts; providing for
prevailing wages; imposing duties upon the Secretary of Labor
and Industry; providing remedies, penalties and repealing
existing laws," further providing for definitions, for
specifications, for prevailing wage and for duty of
secretary.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(5) and (7) of the act of August 15,
1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
Wage Act, are amended and the section is amended by adding a
paragraph to read:
Section 2. Definitions.--As used in this act--
* * *
(5) "Public work" means construction, reconstruction,
demolition, alteration, custom fabrication and/or repair work
other than maintenance work, with the exception reserved for
HVAC duct cleaning, done under contract and paid for in whole or
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in part out of the funds of a public body where the estimated
cost of the total project is in excess of twenty-five thousand
dollars ($25,000), but shall not include work performed under a
rehabilitation or manpower training program.
* * *
(7) "Workman" includes laborer, mechanic, skilled and semi-
skilled laborer and apprentices employed by any contractor or
subcontractor and engaged in the performance of services
directly upon or for the public work project, regardless of
whether their work becomes a component part thereof, and
includes laborers, mechanics, skilled and semi-skilled laborers,
apprentices and other persons employed by any contractor or
subcontractor to perform custom fabrication of nonstandard goods
or materials for the public work project, but does not include
material suppliers or their employes who do not perform services
at the job site unless the work involves custom fabrication.
* * *
(11) "Custom fabrication" means the fabrication, assembly or
other production of nonstandard goods or materials, including
components, fixtures or parts thereof, that are fabricated or
assembled offsite but produced specifically for a public work
project. The following apply:
(i) The goods and materials shall include those used in the
trades or systems, including plumbing or pipe-fitting systems,
heating, ventilating, air conditioning, refrigeration systems,
sheet metal or other duct systems, boiler systems, electrical
systems, welding work, mechanical insulation work, ornamental
iron work, rebar system assembly or one or more signs in a
project , or any other fabrication which is one or more entire
modules or structures prefabricated to specifications for a
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particular project of public work with minimal construction work
remaining other than installation, regardless of whether
unforeseen construction work is required on the public work site
to modify the custom fabricated item for the purpose of
installation, for use in a project of public work or for use in
a type or classification of a project of public work.
(ii) The term does not include components or materials, such
as structural steel members or precast concrete.
Section 2. Sections 3, 5 and 7 of the act are amended to
read:
Section 3. Specifications.--The specifications for every
contract for any public work to which any public body is a
party, shall contain a provision stating the minimum wage rate
that must be paid to the workmen employed in the performance of
the contract[.], including workmen engaged in custom
fabrication. The minimum wage for custom fabrication work shall
be the same as the wage paid for project work in accordance with
each applicable trade or classification. A firm, business or
employer which contracts or subcontracts to perform custom
fabrication for a public work shall be subject to the same
compliance and reporting requirements and penalties and
enforcement procedures and has the same obligations as any other
contractor or subcontractor under this chapter or regulations
promulgated under this act by the department.
Section 5. Prevailing Wage.--Not less than the prevailing
minimum wages as determined hereunder shall be paid to all
workmen employed on public work. Workmen must be paid the
appropriate rate for their craft and may not be paid multiple
rates on the same project.
Section 7. Duty of Secretary.--The secretary shall, after
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consultation with the advisory board, determin