Amendment vs bill House Amendment A04092 vs Printer's No. PN2777

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PRINTER'S NO.
H2153B2969A04092 SFR:JMT 04/24/24 #90 A04092 AMENDMENTS TO HOUSE BILL NO.
2777 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
2153 Sponsor:
2153 2024 INTRODUCED BY DAWKINS, DAVANZO, WEBSTER, KENYATTA, BURGOS, T.
REPRESENTATIVE STAMBAUGH Printer's No.
DAVIS, VENKAT, McNEILL, DONAHUE, HARKINS, WAXMAN, SANCHEZ, D.
2969 Amend Bill, page 1, line 6, by striking out "and" and inserting a comma Amend Bill, page 1, line 7, by inserting after "secretary" and for application of act Amend Bill, page 3, lines 12 and 13, by striking out all of said lines and inserting Section 2.
MILLER, BRENNAN, BOYD, NEILSON, HOHENSTEIN, HILL-EVANS, DALEY, DELLOSO, SCHLOSSBERG, KINSEY AND MERSKI, MARCH 25, 2024 REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 25, 2024 AN ACT Amending the act of August 15, 1961 (P.L.987, No.442), entitled "An act relating to public works contracts;
Sections 3, 5, 7 and 15 of the act are amended to read:
providing for and Industry;
Amend Bill, page 4, by inserting between lines 23 and 24 Section 15.
providing remedies, penalties and repealingabor existing laws," further providing for definitions, for specifications, for prevailing wage and for duty of secretary.
Application of Act.--(a) This act shall have no application to any public works subject to the Walsh-Healey Act, the act of June 30, 1936, chapter 881, 49 Stat.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
2036, 41 USCA sections 35-45, or the Davis Bacon Act, the act of March 3, 1931, 40 U.
Section 1.
S.
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:
Code 276 (a).
Section 2.
(b) Public work with an estimated cost of the total project less than two hundred fifty thousand dollars ($250,000) shall not be subject to the requirements of any of the following:
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 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.
(1) The act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act.
* * * (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.
(2) Section 1805 of the act of June 24, 1931 (P.L.1206, No.331), known as "The First Class Township Code." (3) Section 3107 of the act of May 1, 1933 (P.L.103, No.69), known as "The Second Class Township Code." (4) Section 751 of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949." (5) Section 5 of the act of May 27, 1953 (P.L.244, No.34), entitled "An act relating to and regulating the contracts of incorporated towns and providing penalties." (6) Section 2517 of the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code." (7) Section 2317 of the act of August 9, 1955 (P.L.323, No.130), known as "The County Code." (8) The provisions of 8 Pa.C.S.
* * * (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.
§ 1405 (relating to separate 2024/90SFR/HB2153A04092 - 1 - bids for plumbing, heating, ventilating and electrical work).
The following apply:
(9) The provisions of 11 Pa.C.S.
(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 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 particular project of 20240HB2153PN2777 - 2 - 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.
§ 11909 (relating to separate bids for plumbing, heating, ventilating and electrical work, elevators and escalators).
(ii) The term does not include components or materials, such as structural steel members or precast concrete or smaller prefabricated components.
(c) Contracts, obligations and collective bargaining agreements entered into prior to the effective date of subsection (b) are not affected or impaired by the addition of subsection (b).
Section 2.
2024/90SFR/HB2153A04092 - 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.
20240HB2153PN2777 - 3 - Section 7.
Duty of Secretary.--The secretary shall, after consultation with the advisory board, determine the general prevailing minimum wage rate in the locality in which the public work is to be performed for each craft or classification of all workmen needed to perform public work contracts during the anticipated term thereof:
Provided, however, That employer and employe contributions for employe benefits pursuant to a bona fide collective bargaining agreement shall be considered an integral part of the wage rate for the purpose of determining the minimum wage rate under this act.
For workmen engaged in custom fabrication for a public work project, the applicable prevailing minimum wage rates shall be the prevailing minimum wage rate for the applicable craft or trade in the locality in which the public work project is located.
Nothing in this act, however, shall prohibit the payment of more than the general prevailing minimum wage rate to any workman employed on public work.
The secretary shall forthwith give notice by mail of all determinations of general prevailing minimum wage rates made pursuant to this section to any representative of any craft, any employer or any representative of any group of employers, who shall in writing request the secretary so to do.
Section 3.
This act shall take effect in 60 days.
20240HB2153PN2777 - 4 -