Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2603 Latest Draft

Bill / Introduced Version Filed 03/01/2024

                            SENATE . . . . . . . . . . . . . . No. 2603
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
SENATE, March 4, 2024.
The committee on Labor and Workforce Development, to whom was referred the 
petitions (accompanied by bill, Senate, No. 1171) of Paul R. Feeney, Marc R. Pacheco, Jacob R. 
Oliveira, Sal N. DiDomenico and other members of the General Court for legislation to include 
offsite fabrication work for qualified projects under the prevailing wage laws of the 
Commonwealth; and (accompanied by bill, House, No. 1943) of Jeffrey N. Roy and others 
relative to compliance with prevailing wage laws for offsite fabrication, report the accompanying 
bill (Senate, No. 2603).
For the committee,
Patricia D. Jehlen 1 of 2
        FILED ON: 2/6/2024
SENATE . . . . . . . . . . . . . . No. 2603
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, custom fabricated items, not generic 
11products readily available for any project; and (c) produced at an offsite location that are part of 
12plumbing, electrical, mechanical and sheet metal systems, including but not limited to piping, 
13fixtures, equipment, wirings, ductwork and other component or parts of such systems. This  2 of 2
14provision shall not apply to any other work other than work that is part of plumbing, electrical, 
15mechanical, and sheet metal systems. Nothing in the foregoing definition of “offsite fabrication” 
16is intended to restrict application of Section 26 of chapter 149 of the General Laws or to prevent 
17the Commonwealth, or a county, town, authority or district thereof contracting for the 
18construction of public works from giving preference to offsite fabrication performed at an offsite 
19location within a specific geographical area.
20 SECTION 2. Section 27B of chapter 149 of the General Laws is hereby amended by 
21inserting at the end thereof the following new paragraph:
22 For any offsite fabrication work subject to this section, the contractor, subcontractor or 
23public body shall include a section in their weekly certified prevailing wage records that 
24provides: (a) the name and address of the manufacturer, shop or other type of prefabrication 
25facility where the fabrication work was performed; and (b) the name, address, and occupational 
26classifications of each mechanic, apprentice, laborer or other employee employed in the 
27performance of such work, the hours worked by, and 	wages paid to, each such employee.
28 SECTION 3. This act shall take effect upon its passage.