Bill Summary – FastDemocracy

PRINTER'S NO.   1975
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 1744
                                               Session of
                                                 2021
     INTRODUCED BY RYAN, FEE, KAUFFMAN, GREINER, STAMBAUGH, KEEFER,
        R. MACKENZIE, METCALFE, COX, MOUL, GLEIM, M. MACKENZIE AND
        B. MILLER, JULY 30, 2021
     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 30, 2021
                                    AN ACT
 Amending the act of August 15, 1961 (P.L.987, No.442), entitled
    "An act relating to public works contracts; providing for
    prevailing wages; imposing duties upon the Secretary of Labor
    and Industry; providing remedies, penalties and repealing
    existing laws," further providing for definitions.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 2 of the act of August 15, 1961 (P.L.987,
 No.442), known as the Pennsylvania Prevailing Wage Act, is
 amended to read:
    Section 2.    Definitions.--As used in this act--
    (1)   "Department" means Department of Labor and Industry of
 the Commonwealth of Pennsylvania.
    (2)   "Locality" means any political subdivision, or
 combination of the same, within the county in which the public
 work is to be performed. When no workmen for which a prevailing
 minimum wage is to be determined hereunder are employed in the
 locality, the locality may be extended to include adjoining
 political subdivisions where such workmen are employed in those
 crafts or trades for which there are no workmen employed in the
 locality as otherwise herein defined.
    (2.1)    "Locally funded" means a project that is funded
 entirely by funds:
    (i)    paid to counties under 75 Pa.C.S. § 9010(b) (relating to
 disposition and use of tax), including borrowed funds under 75
 Pa.C.S. § 9010(b)(2)(ii) whether expended by the county or
 allocated or apportioned to political subdivisions;
    (ii)    allocated or apportioned to municipalities under the
 act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the
 Liquid Fuels Tax Municipal Allocation Law;
    (iii)    allocated from municipal budgetary sources using
 revenues derived through municipal taxes or fees; or
    (iv)    allocated to municipalities under 58 Pa.C.S. (relating
 to oil and gas).
    (3)    "Maintenance work" means the repair of existing
 facilities when the size, type or extent of such facilities is
 not thereby changed or increased. The term includes the
 following actions taken on locally funded road projects:
    (i)    Replacement in kind with current Department of
 Transportation design criteria and standards of guide rails,
 curbs, sidewalks, pipes, walkways, painted lines and other
 related road equipment.
    (ii)    Repair of pavement surface by:
    (A)    laying material up to three and one-half inches thick or
 up to four hundred twenty pounds per square yard on asphalt
 pavement, cement concrete or other hard surface, including
 associated milling, and related work raising existing paved
 shoulders to new grade; or
    (B)    patching of cement concrete surface to include joint
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 spalling and repair work.
    (iii)    Widening of existing alignment which does not result
 in additional lanes or new shoulders.
    (iv)    Bridge painting except when combined with bridge
 rehabilitation, bridge cleaning, bridge washing, bridge
 resurfacing with blacktop or minor nonstructural improvements or
 repairs.
    (4)     "Public body" means the Commonwealth of Pennsylvania,
 any of its political subdivisions, any authority created by the
 General Assembly of the Commonwealth of Pennsylvania and any
 instrumentality or agency of the Commonwealth of Pennsylvania.
    (5)     "Public work" means construction, reconstruction,
 demolition, alteration and/or repair work other than maintenance
 work, 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. When applied to
 locally funded road projects, the term includes projects that
 utilize a combination of maintenance, rehabilitation and
 reconstruction on existing alignment in which nonmaintenance
 items exceed fifteen percent (15%) of the total project cost.
    (6)     "Secretary" means the Secretary of Labor and Industry or
 his duly authorized deputy or representative.
    (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 the public work project, regardless of whether
 their work becomes a component part thereof, but does not
 include material suppliers or their employes who do not perform
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 services at the job site.
    (8)    "Work performed under a rehabilitation program," means
 work arranged by and at a State institution primarily for
 teaching and upgrading the skills and employment opportunities
 of the inmates of such institutions.
    (9)    "Advisory Board" means the board created by section 2.1
 of this act.
    (10)   "Appeals Board" means the board created by section 2.2
 of this act.
    Section 2.   This act shall apply to contracts entered into on
 or after the effective date of this act.
    Section 3.   This act shall take effect in 60 days.
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