Pennsylvania SB 1076: An Act requiring a percentage of workers on a public works project to be hired from the local labor market; imposing duties on the Department of Labor and Industry; and imposing penalties.

Bill Text

PRINTER'S NO. 1378
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1076
Session of
2026
INTRODUCED BY ROBINSON, PICOZZI, MASTRIANO, STEFANO, VOGEL,
MILLER AND KANE, JANUARY 9, 2026
REFERRED TO LABOR AND INDUSTRY, JANUARY 9, 2026
AN ACT
Requiring a percentage of workers on a public works project to
be hired from the local labor market; imposing duties on the
Department of Labor and Industry; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Local Hire
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employer." A person that employs at least one worker on a
public works project.
"Job order." The document containing the material terms and
conditions of employment relating to wages, hours, working
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conditions, worksite and other benefits.
"Local labor market." Every county in this Commonwealth and
any county outside this Commonwealth if any portion of that
county borders this Commonwealth.
"Maintenance work." The repair of an existing facility when
the size, type or extent of the facility is not changed or
increased.
"One-stop delivery system." The term shall mean the same as
defined under section 103 of the act of December 18, 2001
(P.L.949, No.114), known as the Workforce Development Act.
"PA CareerLink® office." An entity established as part of
the one-stop delivery system to provide workforce development
services to individuals seeking employment.
"Primary residence." An individual's true, fixed, principal
and permanent home to which the individual returns or intends to
return, even if currently residing elsewhere. Presentation of a
valid, government-issued identification card shall be conclusive
proof of primary residence.
"Public body." The Commonwealth or any of its political
subdivisions, including:
(1) any authority created by the General Assembly; or
(2) any instrumentality or agency of the Commonwealth.
"Public works project." Construction, reconstruction,
demolition, alteration or repair work other than maintenance
work, done under contract and paid for in whole or in part out
of the money of a public body where the estimated cost of the
total project exceeds $500,000. The term does not include work
performed under a rehabilitation or manpower training program.
"Secretary." The Secretary of Labor and Industry or their
duly authorized deputy or representative.
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"Worker." As follows:
(1) The term includes a laborer, mechanic, skilled and
semi-skilled laborer and apprentices employed by an employer
and engaged in the performance of services directly upon the
public works project, regardless of whether their work
becomes a component part of the public works project.
(2) The term does not include:
(i) Material suppliers or their employees who do not
perform services at the job site.
(ii) Bona fide employees of a public body.
(iii) Independent contractors who meet the
requirements established in section 3 of the act of
October 13, 2010 (P.L.506, No.72), known as the
Construction Workplace Misclassification Act.
(iv) Salaried supervisory personnel necessary to
ensure efficient execution of the work.
"Work performed under a rehabilitation program." Work
arranged by and at a State correctional institution primarily
for teaching and upgrading the skills and employment
opportunities of the inmates of the State correctional
institution.
Section 3. Local labor market utilization on public works
projects.
(a) Employer requirement.--At least 50% of workers for a
public works project shall be hired from the local labor market,
unless residency preference requirements are specifically
prohibited by Federal law.
(b) Duty of employer.--An employer unable to employ the
minimum number of workers from the local labor market for a
public works project shall inform the nearest PA CareerLink®
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office of the number of workers needed for the public works
project and post a job order on the PA CareerLink® website.
(c) Waiver.--
(1) If, within three business days after a job order is
posted under subsection (b), the PA CareerLink® office is
unable to refer sufficient qualified job applicants to the
employer, a staff member of the PA CareerLink® office shall
notify the secretary, who shall issue a waiver to the
employer stating the unavailability of applicants.
(2) The waiver shall permit the employer to fill any
open worker positions from outside the local labor market.
(d) Waiver requirements.--
(1) A waiver under subsection (c) shall be in