Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H1943 Introduced / Bill

Filed 02/16/2023

                    1 of 2
HOUSE DOCKET, NO. 106       FILED ON: 1/9/2023
HOUSE . . . . . . . . . . . . . . . No. 1943
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jeffrey N. Roy
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to compliance with the prevailing wage laws of the Commonwealth.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/4/2023Sean Garballey23rd Middlesex1/30/2023Josh S. Cutler6th Plymouth2/6/2023Brian W. Murray10th Worcester2/6/2023Jessica Ann Giannino16th Suffolk2/6/2023Danielle W. Gregoire4th Middlesex2/6/2023William C. Galvin6th Norfolk2/6/2023Paul McMurtry11th Norfolk2/6/2023Daniel Cahill10th Essex2/6/2023Tackey Chan2nd Norfolk2/6/2023Steven Ultrino33rd Middlesex2/6/2023Susannah M. Whipps2nd Franklin2/6/2023David Henry Argosky LeBoeuf17th Worcester2/6/2023James C. Arena-DeRosa8th Middlesex2/6/2023Peter Capano11th Essex2/6/2023Jack Patrick Lewis7th Middlesex2/6/2023Christopher Hendricks11th Bristol2/6/2023Steven Owens29th Middlesex2/6/2023 2 of 2
Patrick M. O'ConnorFirst Plymouth and Norfolk2/6/2023Michael D. BradySecond Plymouth and Norfolk2/6/2023Ryan M. Hamilton15th Essex2/6/2023Lindsay N. Sabadosa1st Hampshire2/6/2023Vanna Howard17th Middlesex2/6/2023Carol A. Doherty3rd Bristol2/6/2023James J. O'Day14th Worcester2/6/2023Jon Santiago9th Suffolk2/14/2023Adrian C. Madaro1st Suffolk2/14/2023David Paul Linsky5th Middlesex2/14/2023Marc R. PachecoThird Bristol and Plymouth2/14/2023Christopher J. Worrell5th Suffolk2/14/2023James K. Hawkins2nd Bristol2/14/2023Patricia A. Duffy5th Hampden2/14/2023Rodney M. Elliott16th Middlesex2/14/2023Adam Scanlon14th Bristol2/14/2023Tricia Farley-Bouvier2nd Berkshire2/14/2023Rob Consalvo14th Suffolk2/14/2023Thomas M. Stanley9th Middlesex2/14/2023Daniel M. Donahue16th Worcester2/14/2023Margaret R. Scarsdale1st Middlesex2/14/2023William J. Driscoll, Jr.7th Norfolk2/14/2023Michelle M. DuBois10th Plymouth2/14/2023Edward R. Philips8th Norfolk2/14/2023Kate Donaghue19th Worcester2/15/2023Jason M. LewisFifth Middlesex2/15/2023Samantha Montaño15th Suffolk2/22/2023Erika Uyterhoeven27th Middlesex2/22/2023 1 of 2
HOUSE DOCKET, NO. 106       FILED ON: 1/9/2023
HOUSE . . . . . . . . . . . . . . . No. 1943
By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1943) of Jeffrey 
N. Roy and others relative to compliance with prevailing wage laws for offsite fabrication. 
Labor and Workforce Development.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to compliance with the prevailing wage laws of the Commonwealth.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 27D of chapter 149 of the General Laws is hereby amended by 
2inserting at the end thereof the following new paragraphs:-
3 For the purposes of this section, the words “construction” and “constructed” shall include 
4offsite fabrication work for any project covered by this section. In such cases, the wage required 
5under this chapter shall be paid for such work and the requirements of Section 27B of chapter 
6149 shall apply to such work, including, but not limited to, weekly submission of certified 
7payroll records and an accompanying statement made under penalties of perjury. Penalties 
8provided under Section 27C of chapter 149 shall apply to such work.
9 The term “offsite fabrication” means products or items that are: (a) produced specifically 
10for a qualified project; (b) considered to be non-standard items; and (c) produced at an offsite 
11location, including, but not limited to those made or consisting of fabricated pipe, piping 
12materials or fixtures, electrical wiring, sheet metal materials, or any systems, components or  2 of 2
13modular units made of any of the foregoing. Nothing in the foregoing definition of “offsite 
14fabrication” is intended to restrict application of Section 26 of chapter 149 of the General Laws 
15or to prevent the Commonwealth, or a county, town, authority or district thereof contracting for 
16the construction of public works from giving preference to offsite fabrication performed at an 
17offsite location within a specific geographical area.
18 SECTION 2. Section 27B of chapter 149 of the General Laws is hereby amended by 
19inserting at the end thereof the following new paragraph:
20 For any offsite fabrication work subject to this section, the contractor, subcontractor or 
21public body shall include a section in their weekly certified prevailing wage records that 
22provides: (a) the name and address of the manufacturer, shop or other type of prefabrication 
23facility where the fabrication work was performed; and (b) the name, address, and occupational 
24classifications of each mechanic, apprentice, laborer or other employee employed in the 
25performance of such work, the hours worked by, and 	wages paid to, each such employee.
26 SECTION 3. This act shall take effect upon its passage.