| 1 | 1 | | SENATE . . . . . . . . . . . . . . No. 2603 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | _______________ |
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| 4 | 4 | | In the One Hundred and Ninety-Third General Court |
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| 5 | 5 | | (2023-2024) |
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| 6 | 6 | | _______________ |
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| 7 | 7 | | SENATE, March 4, 2024. |
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| 8 | 8 | | The committee on Labor and Workforce Development, to whom was referred the |
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| 9 | 9 | | petitions (accompanied by bill, Senate, No. 1171) of Paul R. Feeney, Marc R. Pacheco, Jacob R. |
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| 10 | 10 | | Oliveira, Sal N. DiDomenico and other members of the General Court for legislation to include |
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| 11 | 11 | | offsite fabrication work for qualified projects under the prevailing wage laws of the |
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| 12 | 12 | | Commonwealth; and (accompanied by bill, House, No. 1943) of Jeffrey N. Roy and others |
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| 13 | 13 | | relative to compliance with prevailing wage laws for offsite fabrication, report the accompanying |
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| 14 | 14 | | bill (Senate, No. 2603). |
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| 15 | 15 | | For the committee, |
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| 16 | 16 | | Patricia D. Jehlen 1 of 2 |
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| 17 | 17 | | FILED ON: 2/6/2024 |
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| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 2603 |
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| 19 | 19 | | The Commonwealth of Massachusetts |
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| 20 | 20 | | _______________ |
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| 21 | 21 | | In the One Hundred and Ninety-Third General Court |
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| 22 | 22 | | (2023-2024) |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | An Act relative to compliance with the prevailing wage laws of the Commonwealth. |
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| 25 | 25 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 26 | 26 | | of the same, as follows: |
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| 27 | 27 | | 1 SECTION 1. Section 27D of chapter 149 of the General Laws is hereby amended by |
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| 28 | 28 | | 2inserting at the end thereof the following new paragraphs:- |
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| 29 | 29 | | 3 For the purposes of this section, the words “construction” and “constructed” shall include |
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| 30 | 30 | | 4offsite fabrication work for any project covered by this section. In such cases, the wage required |
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| 31 | 31 | | 5under this chapter shall be paid for such work and the requirements of Section 27B of chapter |
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| 32 | 32 | | 6149 shall apply to such work, including, but not limited to, weekly submission of certified |
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| 33 | 33 | | 7payroll records and an accompanying statement made under penalties of perjury. Penalties |
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| 34 | 34 | | 8provided under Section 27C of chapter 149 shall apply to such work. |
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| 35 | 35 | | 9 The term “offsite fabrication” means products or items that are: (a) produced specifically |
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| 36 | 36 | | 10for a qualified project; (b) considered to be non-standard, custom fabricated items, not generic |
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| 37 | 37 | | 11products readily available for any project; and (c) produced at an offsite location that are part of |
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| 38 | 38 | | 12plumbing, electrical, mechanical and sheet metal systems, including but not limited to piping, |
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| 39 | 39 | | 13fixtures, equipment, wirings, ductwork and other component or parts of such systems. This 2 of 2 |
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| 40 | 40 | | 14provision shall not apply to any other work other than work that is part of plumbing, electrical, |
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| 41 | 41 | | 15mechanical, and sheet metal systems. Nothing in the foregoing definition of “offsite fabrication” |
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| 42 | 42 | | 16is intended to restrict application of Section 26 of chapter 149 of the General Laws or to prevent |
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| 43 | 43 | | 17the Commonwealth, or a county, town, authority or district thereof contracting for the |
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| 44 | 44 | | 18construction of public works from giving preference to offsite fabrication performed at an offsite |
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| 45 | 45 | | 19location within a specific geographical area. |
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| 46 | 46 | | 20 SECTION 2. Section 27B of chapter 149 of the General Laws is hereby amended by |
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| 47 | 47 | | 21inserting at the end thereof the following new paragraph: |
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| 48 | 48 | | 22 For any offsite fabrication work subject to this section, the contractor, subcontractor or |
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| 49 | 49 | | 23public body shall include a section in their weekly certified prevailing wage records that |
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| 50 | 50 | | 24provides: (a) the name and address of the manufacturer, shop or other type of prefabrication |
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| 51 | 51 | | 25facility where the fabrication work was performed; and (b) the name, address, and occupational |
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| 52 | 52 | | 26classifications of each mechanic, apprentice, laborer or other employee employed in the |
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| 53 | 53 | | 27performance of such work, the hours worked by, and wages paid to, each such employee. |
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| 54 | 54 | | 28 SECTION 3. This act shall take effect upon its passage. |
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