1Amending the act of August 15, 1961 (P.L.987, No.442), entitled
2"An act relating to public works contracts; providing for
3prevailing wages; imposing duties upon the Secretary of Labor
4and Industry; providing remedies, penalties and repealing
5existing laws," providing for the definition of "locally
6funded"; and further providing for the definitions of
7"maintenance work" and "public work."

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 2 of the act of August 15, 1961 (P.L.987, 
11No.442), known as the Pennsylvania Prevailing Wage Act, amended
12August 9, 1963 (P.L.653, No.342), is amended to read:

13Section 2. Definitions.--As used in this act--

14(1) "Department" means Department of Labor and Industry of 
15the Commonwealth of Pennsylvania.

16(2) "Locality" means any political subdivision, or 
17combination of the same, within the county in which the public 
18work is to be performed. When no workmen for which a prevailing 
19minimum wage is to be determined hereunder are employed in the
 

1locality, the locality may be extended to include adjoining 
2political subdivisions where such workmen are employed in those 
3crafts or trades for which there are no workmen employed in the 
4locality as otherwise herein defined.

5(2.1) "Locally funded" means a project that is funded
6entirely by funds:

7(i) paid to counties under 75 Pa.C.S. § 9010(b) (relating to
8disposition and use of tax), including borrowed funds under 75
9Pa.C.S. § 9010(b)(2)(ii) whether expended by the county or
10allocated or apportioned to political subdivisions;

11(ii) allocated or apportioned to municipalities under the
12act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the
13Liquid Fuels Tax Municipal Allocation Law;

14(iii) allocated from municipal budgetary sources using
15revenues derived through municipal taxes or fees; or

16(iv) allocated to municipalities under 58 Pa.C.S. (relating
17to oil and gas).

18(3) "Maintenance work" means the repair of existing 
19facilities when the size, type or extent of such facilities is 
20not thereby changed or increased. The term includes the 
21following actions taken on locally funded road projects:

22(i) Replacement in kind with current Department of
23Transportation design criteria and standards of guide rails,
24curbs, sidewalks, pipes, walkways, painted lines and other
25related road equipment.

26(ii) Repair of pavement surface by:

27(A) laying material up to three and a half inches thick or
28up to four hundred twenty pounds per square yard on asphalt
29pavement, cement concrete or other hard surface, including
30associated milling, and related work raising existing paved

1shoulders to new grade; or

2(B) patching of cement concrete surface to include joint
3spalling and repair work.

4(iii) Widening of existing alignment which does not result
5in additional lanes or new shoulders.

6(iv) Bridge painting, except when combined with bridge
7rehabilitation, bridge cleaning, bridge washing, bridge
8resurfacing with blacktop or minor nonstructural improvements or
9repairs.

10(4) "Public body" means the Commonwealth of Pennsylvania, 
11any of its political subdivisions, any authority created by the 
12General Assembly of the Commonwealth of Pennsylvania and any 
13instrumentality or agency of the Commonwealth of Pennsylvania.

14(5) "Public work" means construction, reconstruction, 
15demolition, alteration and/or repair work other than maintenance 
16work, done under contract and paid for in whole or in part out 
17of the funds of a public body where the estimated cost of the 
18total project is in excess of twenty-five thousand dollars 
19($25,000), but shall not include work performed under a 
20rehabilitation or manpower training program. When applied to 
21locally funded road projects, the term includes projects that 
22utilize a combination of maintenance, rehabilitation and 
23reconstruction on existing alignment in which nonmaintenance 
24items exceed fifteen percent of the total project cost.

25(6) "Secretary" means the Secretary of Labor and Industry or 
26his duly authorized deputy or representative.

27(7) "Workman" includes laborer, mechanic, skilled and semi-
28skilled laborer and apprentices employed by any contractor or 
29subcontractor and engaged in the performance of services 
30directly upon the public work project, regardless of whether
 

1their work becomes a component part thereof, but does not 
2include material suppliers or their employes who do not perform 
3services at the job site.

4(8) "Work performed under a rehabilitation program," means 
5work arranged by and at a State institution primarily for 
6teaching and upgrading the skills and employment opportunities 
7of the inmates of such institutions.

8(9) "Advisory Board" means the board created by section 2.1 
9of this act.

10(10) "Appeals Board" means the board created by section 2.2 
11of this act.

12Section 2. This act shall apply to contracts entered into on
13or after the effective date of this act.

14Section 3. This act shall take effect in 60 days.