HB 846 — An Act amending the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, further providing for definitions, for specifications, for prevailing wage and for duty of secretary.

PRINTER'S NO.   876

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 846
                                               Session of
                                                 2025

     INTRODUCED BY DAWKINS, DAVANZO, WEBSTER, KENYATTA, ISAACSON,
        WAXMAN, PROKOPIAK, SOLOMON, GIRAL, VENKAT, BOYD, McNEILL,
        HARKINS, NEILSON, D. MILLER, SANCHEZ, PROBST, INGLIS,
        DONAHUE, MERSKI AND D. WILLIAMS, MARCH 10, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 10, 2025


                                    AN ACT
 1   Amending the act of August 15, 1961 (P.L.987, No.442), entitled
 2      "An act relating to public works contracts; providing for
 3      prevailing wages; imposing duties upon the Secretary of Labor
 4      and Industry; providing remedies, penalties and repealing
 5      existing laws," further providing for definitions, for
 6      specifications, for prevailing wage and for duty of
 7      secretary.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    Section 2(5) and (7) of the act of August 15,
11   1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
12   Wage Act, are amended and the section is amended by adding a
13   paragraph to read:
14      Section 2.    Definitions.--As used in this act--
15      * * *
16      (5)   "Public work" means construction, reconstruction,
17   demolition, alteration, custom fabrication and/or repair work
18   other than maintenance work, with the exception reserved for
19   HVAC duct cleaning, done under contract and paid for in whole or
 1   in part out of the funds of a public body where the estimated
 2   cost of the total project is in excess of twenty-five thousand
 3   dollars ($25,000), but shall not include work performed under a
 4   rehabilitation or manpower training program.
 5      * * *
 6      (7)    "Workman" includes laborer, mechanic, skilled and semi-
 7   skilled laborer and apprentices employed by any contractor or
 8   subcontractor and engaged in the performance of services
 9   directly upon or for the public work project, regardless of
10   whether their work becomes a component part thereof, and
11   includes laborers, mechanics, skilled and semi-skilled laborers,
12   apprentices and other persons employed by any contractor or
13   subcontractor to perform custom fabrication of nonstandard goods
14   or materials for the public work project, but does not include
15   material suppliers or their employes who do not perform services
16   at the job site unless the work involves custom fabrication.
17      * * *
18      (11)    "Custom fabrication" means the fabrication, assembly or
19   other production of nonstandard goods or materials, including
20   components, fixtures or parts thereof, that are fabricated or
21   assembled offsite but produced specifically for a public work
22   project. The following apply:
23      (i)    The goods and materials shall include those used in the
24   trades or systems, including plumbing or pipe-fitting systems,
25   heating, ventilating, air conditioning, refrigeration systems,
26   sheet metal or other duct systems, boiler systems, electrical
27   systems, welding work, mechanical insulation work, ornamental
28   iron work, rebar system assembly or one or more signs in a
29   project, or any other fabrication which is one or more entire
30   modules or structures prefabricated to specifications for a

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 1   particular project of public work with minimal construction work
 2   remaining other than installation, regardless of whether
 3   unforeseen construction work is required on the public work site
 4   to modify the custom fabricated item for the purpose of
 5   installation, for use in a project of public work or for use in
 6   a type or classification of a project of public work.
 7      (ii)   The term does not include components or materials, such
 8   as structural steel members or precast concrete.
 9      Section 2.   Sections 3, 5 and 7 of the act are amended to
10   read:
11      Section 3.   Specifications.--The specifications for every
12   contract for any public work to which any public body is a
13   party, shall contain a provision stating the minimum wage rate
14   that must be paid to the workmen employed in the performance of
15   the contract[.], including workmen engaged in custom
16   fabrication. The minimum wage for custom fabrication work shall
17   be the same as the wage paid for project work in accordance with
18   each applicable trade or classification. A firm, business or
19   employer which contracts or subcontracts to perform custom
20   fabrication for a public work shall be subject to the same
21   compliance and reporting requirements and penalties and
22   enforcement procedures and has the same obligations as any other
23   contractor or subcontractor under this chapter or regulations
24   promulgated under this act by the department.
25      Section 5.   Prevailing Wage.--Not less than the prevailing
26   minimum wages as determined hereunder shall be paid to all
27   workmen employed on public work. Workmen must be paid the
28   appropriate rate for their craft and may not be paid multiple
29   rates on the same project.
30      Section 7.   Duty of Secretary.--The secretary shall, after

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 1   consultation with the advisory board, determine the general
 2   prevailing minimum wage rate in the locality in which the public
 3   work is to be performed for each craft or classification of all
 4   workmen needed to perform public work contracts during the
 5   anticipated term thereof: Provided, however, That employer and
 6   employe contributions for employe benefits pursuant to a bona
 7   fide collective bargaining agreement shall be considered an
 8   integral part of the wage rate for the purpose of determining
 9   the minimum wage rate under this act. For workmen engaged in
10   custom fabrication for a public work project, the applicable
11   prevailing minimum wage rates shall be the prevailing minimum
12   wage rate for the applicable craft or trade in the locality in
13   which the public work project is located. Nothing in this act,
14   however, shall prohibit the payment of more than the general
15   prevailing minimum wage rate to any workman employed on public
16   work. The secretary shall forthwith give notice by mail of all
17   determinations of general prevailing minimum wage rates made
18   pursuant to this section to any representative of any craft, any
19   employer or any representative of any group of employers, who
20   shall in writing request the secretary so to do.
21      Section 3.   This act shall take effect in 60 days.




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