PRINTER'S NO. 2777

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2153

Session of

2024

INTRODUCED BY DAWKINS, DAVANZO, WEBSTER, KENYATTA, BURGOS,

T. DAVIS, VENKAT, McNEILL, DONAHUE, HARKINS, WAXMAN, SANCHEZ,

D. MILLER, BRENNAN, BOYD, NEILSON, HOHENSTEIN, HILL-EVANS,

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

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.

* * *

(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

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,

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 or smaller

prefabricated components.

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 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

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.