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PRIOR PRINTER'S NO. 1033 PRINTER'S NO. 1804
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 908
Session of
2025
INTRODUCED BY FARRY, TARTAGLIONE, HUGHES, SAVAL, COMITTA, KANE,
SANTARSIERO, HAYWOOD, COSTA, VOGEL, FONTANA, CAPPELLETTI,
MILLER, BARTOLOTTA, PENNYCUICK, PICOZZI AND PISCIOTTANO,
JULY 8, 2025
SENATOR PITTMAN, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED AS
AMENDED, JUNE 9, 2026
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, 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
paragraph PARAGRAPHS to read:
Section 2. Definitions.--As used in this act--
* * *
(5) "Public work" means construction, reconstruction,
demolition, alteration, custom fabrication and/or repair work
other than maintenance work, with the exception reserved for
HVAC duct cleaning, done under contract and paid for in whole or
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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., THE REHABILITATION
OF A RESIDENTIAL PROPERTY OR SCHOOL SAFETY AND SECURITY
IMPROVEMENTS.
* * *
(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
whether their work becomes a component part thereof, and
includes laborers, mechanics, skilled and semi-skilled laborers,
apprentices and other persons employed by any contractor or
subcontractor to perform custom fabrication of nonstandard goods
or materials for the public work project, but does not include
material suppliers or their employes who do not perform services
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,
sheet metal or other duct systems, boiler systems, electrical
systems, welding work, mechanical insulation work, ornamental
iron work, rebar system assembly or one or more signs in a
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project , or any other fabrication which is one or more entire
modules or structures prefabricated to specifications for a
particular project of 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.
(12) "SCHOOL SAFETY AND SECURITY IMPROVEMENTS" MEANS
CONSTRUCTION, RECONSTRUCTION, DEMOLITION, ALTERATION OR REPAIR
WORK PERFORMED TO ENHANCE OR IMPROVE SCHOOL SAFETY AND SECURITY,
WHICH IS:
(I) RECOMMENDED OR IDENTIFIED BY A SCHOOL SAFETY AND
SECURITY ASSESSMENT PERFORMED UNDER SECTION 1305-B OF THE ACT OF
MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE
OF 1949.
(II) PAID FOR IN WHOLE OR IN PART FROM MONEY PROVIDED UNDER
SECTION 1306-B OF THE PUBLIC SCHOOL CODE OF 1949.
(III) IDENTIFIED IN THE CRITERIA DEVELOPED BY THE SCHOOL
SAFETY AND SECURITY COMMITTEE UNDER SECTION 1303-B OF THE PUBLIC
SCHOOL CODE OF 1949.
(IV) ESTIMATED TO HAVE A TOTAL PROJECT COST NOT EXCEEDING
FIFTY THOUSAND DOLLARS ($50,000).
(13) "RESIDENTIAL PROPERTY" MEANS PROPERTY CONTAINING FEWER
THAN EIGHT RESIDENTIAL UNITS. THE TERM DOES NOT INCLUDE
RESIDENTIAL MUNICIPAL HOUSING AUTHORITY PROPERTY LOCATED IN A
CITY OF THE FIRST CLASS.
Section 2. Sections 3, 5 and 7 of the act are amended to
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read:
Section 3. Specifications.--The specifications for every
contract for any public work to which any public body is a
party, shall contain a provision stating the minimum wage rate
that must be paid to the workmen employed in the performance of
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 5. Prevailing Wage.--Not less than the prevailing
minimum wages as determined hereunder shall be paid to all
workmen employed on public work. Workmen must be paid the
appropriate rate for their craft and may not be paid multiple
rates on the same project.
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
the minimum wage rate under this act. For workmen engaged in
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custom fabrication for a public work project, the applicable
prevailing minimum wage rates shall be the prevailing minimum
wage rate for the applicable craft or trade in the locality in
which the public work project is located. Nothing in this act,
however, shall prohibit the payment of more than the general
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.
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