PRIOR PRINTER'S NO. 1649
PRINTER'S NO. 2161
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1465
Session of
2023
INTRODUCED BY DELLOSO, MADDEN, McNEILL, PIELLI, McANDREW,
SANCHEZ, KRAJEWSKI, HILL-EVANS, NEILSON, KHAN, CIRESI,
HADDOCK, KINSEY, O'MARA, D. WILLIAMS, GREEN, OTTEN,
PISCIOTTANO, T. DAVIS AND KAZEEM, JUNE 21, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 17, 2023
AN ACT
Providing for minimum wage standards in underground
infrastructure work, for application of Prevailing Wage Act,
for enforcement, for penalties and appeals and for protection
from retaliation; and creating a private right of action.
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 Underground
Infrastructure Works 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.
"ELECTRIC DISTRIBUTION COMPANY." AS DEFINED UNDER 66 PA.C.S.
§ 2803 (RELATING TO DEFINITIONS).
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"Prevailing Wage Act." The act of August 15, 1961 (P.L.987,
No.442), known as the Pennsylvania Prevailing Wage Act.
"Public utility." As defined by 66 Pa.C.S. § 102 (relating
to definitions).
"Underground infrastructure work." All construction,
reconstruction, demolition, alteration or repair work, other
than maintenance work, including traffic control, related to an
underground system of distribution, conveyance, transmission,
diversion, collection, treatment or storage that is owned, used
or maintained by a public utility. THE TERM DOES NOT INCLUDE
WORK PERFORMED FOR AN ELECTRIC DISTRIBUTION COMPANY.
"Workman." As defined under section 2(7) of the Prevailing
Wage Act.
Section 3. Minimum workplace standards required.
A public utility shall ensure that a contractor or
subcontractor that is engaged to perform underground
infrastructure work:
(1) Certifies that all workmen employed on an
underground infrastructure work have successfully completed
workplace safety and hazard mitigation training that
includes:
(i) A 10-hour construction safety training course
established by the Occupational Safety and Health
Administration of the United States Department of Labor.
(ii) An adult first-aid course that includes CPR/AED
that is deemed acceptable to the department in
consultation with the Department of Health.
(iii) If the project includes public roadways, an
onsite traffic control training course deemed acceptable
to the department, in consultation with Department of
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Transportation.
(iv) Any other workplace safety or hazard mitigation
training that may be required by statute or regulation.
(2) Pays not less than the prevailing minimum wages and
fringe benefit rates as would be applicable to a project of
public work under the Prevailing Wage Act, and as specified
on a wage determination issued by the department, to each
workman employed to perform underground infrastructure work.
(3) Complies with applicable provisions of the
Prevailing Wage Act, including certification of payroll
records, as required by section 5.
(4) Maintains records demonstrating compliance with the
minimum requirements of this section for not less than two
years after the date of payment of wages.
Section 4. Application of Prevailing Wage Act.
(a) General rule.--The requirements of section 3(2) shall
apply to the prevailing minimum wages and fringe benefit rates
due and payable to and on behalf of any worker, in every trade
or craft, employed by a contractor, performing services on an
underground infrastructure work, and related certification of
payroll records, required by the Prevailing Wage Act.
(b) Duties of department.--
(1) The department shall enforce the requirements of
section 3(2) and (3) and this section and shall apply the
same administration and enforcement applicable to any project
undertaken under the requirements of the Prevailing Wage Act
to ensure compliance.
(2) The department shall, at the request of a public
utility, determine and make available the prevailing minimum
wage rates for underground infrastructure work.
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(c) Duties of public utility.--
(1) A public utility and its contractors, engaged to
perform underground infrastructure work, shall comply with
all provisions and requirements of the Prevailing Wage Act
for all crafts and classifications of workmen who are
employed to perform work on an underground infrastructure
facility.
(2) A public utility shall, prior to entering into or
modifying a contract for underground infrastructure work,
request and obtain the prevailing minimum wage and benefit
rates determined by the department and make them available to
the public utility's contractors.
(3) A public utility shall perform the duties required
by a public body under the Prevailing Wage Act, including
requiring a contractor to file statements, in writing, in a
form or format prescribed by the department, certifying the
names of any and all workmen on underground infrastructure
work and the wages due to each workman.
(4) COSTS OR EXPENSES INCURRED BY A PUBLIC UTILITY UNDER
THIS ACT MAY NOT BE RECOVERED FROM RATEPAYERS.
(d) Duties of contractor and subcontractor.--A contractor or
subcontractor who performs underground infrastructure work shall
pay not less than the prevailing minimum wages and fringe
benefit rates determined by the department to every worker in
every trade or craft employed on an underground infrastructure
work.
Section 5. Enforcement.
In addition to the duties specified in section 4, the
department shall enforce and investigate alleged violations of
this act. In enforcing this act, the department may take any of
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the following actions:
(1) Request the production of documents or inspect
records of a public utility or contractor at any reasonable
time for the purpose of an investigation that relates to
compliance with this act.
(2) If an entity fails to produce a record relating to
compliance with this act, petition Commonwealth Court to
enforce a subpoena or order issued by the department under
this act.
Section 6. Penalties and appeals.
(a) Power of department.--If the department determines that
a violation of this act has occurred, the department may:
(1) For a violation of section 3(1) or (4), require
corrective action and assess an administrative fine of $2,500
for a first violation or $5,000 for a subsequent violation.
(2) For a violation of section 3(2) or (3) or 4(d),
apply the same remedies and penalties contained under the
Prevailing Wage Act.
(b) Administrative procedure.--A finding of a violation
under subsection (a)(1) shall be subject to the provisions of 2
Pa.C.S. (relating to administrative law and procedure).
(A) POWER OF DEPARTMENT.--IF THE DEPARTMENT DETERMINES THAT
A VIOLATION OF THIS ACT HAS OCCURRED, THE DEPARTMENT MAY APPLY
THE SAME REMEDIES AND PENALTIES CONTAINED UNDER THE PREVAILING
WAGE ACT.
(c) (B) Appeal.--A finding of a violation under subsection
(a)(2) (A) may be appealed under section 2.2(e)(1) of the
Prevailing Wage Act and 34 Pa. Code § 213.3 (relating to appeals
from determinations of the Secretary). A final determination by
the appeals board under the Prevailing Wage Act may be appealed
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under 2 Pa.C.S.
Section 7. Protection from retaliation.
(a) Retaliation prohibited.--A public utility or its
contractors may not discharge, threaten or otherwise retaliate
or discriminate against an employee regarding compensation or
other terms or conditions of employment because the employee
participates in an investigation, hearing or inquiry by the
department or reports an alleged violation of this act to the
department.
(b) Private right of action.--An employee who suffers
retaliation or discrimination under subsection (a) may bring an
action in a court of common pleas in accordance with the
Pennsylvania Rules of Civil Procedure. The action must be
brought within three years from the date the employee knew of
the retaliation or discrimination.
(c) Relief.--If an employee prevails in an action commenced
under subsection (b), the employee shall be entitled to the
following relief:
(1) Reinstatement of the employee, if applicable.
(2) Restitution equal to three times the amount of the
employee's wages and fringe benefits calculated from the date
of the retaliation or discrimination.
(3) Reasonable attorney fees and costs of the action.
(4) Any other legal and equitable relief the court deems
appropriate.
Section 8. Pennsylvania Public Utility Commission orders.
The Pennsylvania Public Utility Commission shall, in its
authority and oversight of public utilities under 66 Pa.C.S.
(relating to public utilities), consider and request information
on employees of contractors and subcontractors of public
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utilities and may include conditions related to workplace safety
and hazard training, prevailing minimum wage standards and any
other safety or economic labor standard deemed of importance by
the commission in formal actions or decisions that it
undertakes.
Section 9. Applicability.
This act shall apply to underground infrastructure work by a
public utility that is performed under contract on or after the
effective date of this section.
Section 10. Effective date.
This act shall take effect in 180 days.
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