Pennsylvania SB 908: 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 and for duty of secretary.

Bill Text

PRIOR PRINTER'S NO. 1033 PRINTER'S NO. 1804
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 908
Session of
2025
INTRODUCED BY FARRY, TARTAGLIONE, HUGHES, SAVAL, COMITTA, KANE,
SANTARSIERO, HAYWOOD, COSTA, VOGEL, FONTANA, CAPPELLETTI,
MILLER, BARTOLOTTA, PENNYCUICK, PICOZZI AND PISCIOTTANO,
JULY 8, 2025
SENATOR PITTMAN, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED AS
AMENDED, JUNE 9, 2026
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 PARAGRAPHS 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., THE REHABILITATION
OF A RESIDENTIAL PROPERTY OR SCHOOL SAFETY AND SECURITY
IMPROVEMENTS.
* * *
(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
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project , or any other fabrication which is one or more entire
modules or structures prefabricated to specifications for a
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.
(12) "SCHOOL SAFETY AND SECURITY IMPROVEMENTS" MEANS
CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION OR REPAIR
WORK PERFORMED TO ENHANCE OR IMPROVE SCHOOL SAFETY AND SECURITY,
WHICH IS:
(I) RECOMMENDED OR IDENTIFIED BY A SCHOOL SAFETY AND
SECURITY ASSESSMENT PERFORMED UNDER SECTION 1305-B OF THE ACT OF
MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE
OF 1949.
(II) PAID FOR IN WHOLE OR IN PART FROM MONEY PROVIDED UNDER
SECTION 1306-B OF THE PUBLIC SCHOOL CODE OF 1949.
(III) IDENTIFIED IN THE CRITERIA DEVELOPED BY THE SCHOOL
SAFETY AND SECURITY COMMITTEE UNDER SECTION 1303-B OF THE PUBLIC
SCHOOL CODE OF 1949.
(IV) ESTIMATED TO HAVE A TOTAL PROJECT COST NOT EXCEEDING
FIFTY THOUSAND DOLLARS ($50,000).
(13) "RESIDENTIAL PROPERTY" MEANS PROPERTY CONTAINING FEWER
THAN EIGHT RESIDENTIAL UNITS. THE TERM DOES NOT INCLUDE
RESIDENTIAL MUNICIPAL HOUSING AUTHORITY PROPERTY LOCATED IN A
CITY OF THE FIRST CLASS.
Section 2. Sections 3, 5 and 7 of the act are amended to
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read:
Section 3. Specifications.--The specifications for every
contract for any public work to which any public body is a
party