Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2089 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 2
2	2	HOUSE DOCKET, NO. 3991 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2089
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to roadway excavation quality assurance.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/17/2025Lindsay N. Sabadosa1st Hampshire1/27/2025Steven Owens29th Middlesex1/27/2025Brian W. Murray10th Worcester1/27/2025James K. Hawkins2nd Bristol1/27/2025Angelo J. Puppolo, Jr.12th Hampden1/27/2025Frank A. Moran17th Essex1/27/2025Paul McMurtry11th Norfolk1/29/2025Susannah M. Whipps2nd Franklin1/29/2025Patrick Joseph Kearney4th Plymouth1/29/2025Tara T. Hong18th Middlesex1/29/2025Mindy Domb3rd Hampshire1/29/2025Erika Uyterhoeven27th Middlesex1/29/2025Colleen M. Garry36th Middlesex1/30/2025Sean Reid11th Essex1/30/2025Michael D. BradySecond Plymouth and Norfolk1/30/2025Danillo A. Sena37th Middlesex1/31/2025Samantha Montaño15th Suffolk2/6/2025 2 of 2
16	16	James B. EldridgeMiddlesex and Worcester2/10/2025Daniel Cahill10th Essex2/10/2025Tram T. Nguyen18th Essex2/20/2025Kevin G. Honan17th Suffolk2/27/2025Antonio F. D. Cabral13th Bristol3/11/2025Richard G. Wells, Jr.7th Norfolk3/11/2025 1 of 4
17	17	HOUSE DOCKET, NO. 3991 FILED ON: 1/17/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 2089
19	19	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2089) of
20	20	Marjorie C. Decker and others relative to the payment of wages on certain excavation projects.
21	21	Labor and Workforce Development.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to roadway excavation quality assurance.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 30 of the General Laws is hereby amended by inserting after
31	31	2section 39T the following section:-
32	32	3 Section 39U. (a) As used in this section, the following words shall, unless the context
33	33	4clearly requires otherwise, have the following meanings:
34	34	5 “Covered excavation project”, construction work for which a permit may be issued to a
35	35	6contractor or subcontractor to a utility company by the state, county, authority, municipality or
36	36	7any other political subdivision of the commonwealth. A covered excavation project may use,
37	37	8excavate or open a street. A covered excavation project shall exclude construction work for
38	38	9which a permit may be issued for a service provided pursuant to section 39M of chapter 30.
39	39	10 “Department of jurisdiction”, the department on behalf of the state, municipality, county,
40	40	11district, authority or any other officer in the state, municipality, authority or any another political 2 of 4
41	41	12subdivision of the commonwealth appointed pursuant to law, whose duty it is to issue a permit to
42	42	13a utility company or its contractors and subcontractors, for a covered excavation project.
43	43	14 “Fiscal officer”, the project manager appointed by the permit awarding authority of the
44	44	15state, municipality, county, district, authority or any other political subdivision of the
45	45	16commonwealth.
46	46	17 “Prevailing wage”, the minimum hourly rate set by the Massachusetts department of
47	47	18labor standards pursuant to sections 26 to27F, inclusive, of chapter 149.
48	48	19 “Utility company”, a natural gas pipeline company, petroleum or petroleum products
49	49	20pipeline company, public utility company, cable television company, municipal traffic signal
50	50	21department and municipal utility company or department that supplies gas, electricity, telephone,
51	51	22communication or cable television services or private water companies within the city or town
52	52	23where such excavation is to be made.
53	53	24 (b) Each contractor or subcontractor to a utility company shall pay not less than the
54	54	25prevailing rate of wages and benefits in the same trade occupation in the locality within the state
55	55	26where such covered excavation project is situated to each laborer, worker or mechanic in the
56	56	27employ of the contractor or subcontractor to a utility company performing work on the project.
57	57	28No permit shall be issued for a covered excavation project until an agreement confirming the
58	58	29payment of wages and benefits, as required by this section, has been contractually mandated and
59	59	30filed with the department of jurisdiction. All permits issued after the effective date of this section
60	60	31shall include therein a copy of this section.
61	61	32 (c) The enforcement of any covered excavation project pursuant to this section shall be
62	62	33subject to the requirements of section 39M of chapter 30; sections 26 to 27F, inclusive, section 3 of 4
63	63	3429 and section 148 of chapter 149; and chapter 152 and within the jurisdiction of the fiscal
64	64	35officer; provided, however, nothing contained in this section shall be deemed to construe any
65	65	36covered excavation project as otherwise being considered for public work under this section.
66	66	37 (d) The fiscal officer may issue rules and regulations governing the provisions of this
67	67	38section. Any violations of this section shall be grounds for determinations and orders pursuant to
68	68	39section 39M of chapter 30 and sections 26 to 27F, inclusive, of chapter 149.
69	69	40 (e) Utility companies, under local law or ordinance, required, as a condition of issuance
70	70	41of a permit to use or open a street, that competent workers, licensed pursuant to section 13 of
71	71	42chapter 30a and chapter 112, to perform any and all trades in compliance with federal and state
72	72	43law, shall be employed thereon and that the prevailing wages and benefits shall be the prevailing
73	73	44wage for the similar titles as established by the fiscal officer pursuant to this section, paid to
74	74	45those employed, shall be required to keep original payrolls and transcripts thereof, subscribed
75	75	46and sworn to or affirmed by them as true under the penalties of perjury, setting forth the names
76	76	47and addresses and showing for each worker, laborer or mechanic the: (i) hours and days worked;
77	77	48(ii) occupations worked; (iii) hourly wage rates and benefits paid; and the (iv) supplements paid
78	78	49or provided as, and in the manner required pursuant to sections 26 to 27F, inclusive, of chapter
79	79	50149.
80	80	51 (f) A contractor or subcontractor to a utility company to whom a permit may be issued to
81	81	52use or open a street shall be required to comply with section 39M of chapter 30 and sections 26
82	82	53to 27F, inclusive, of chapter 149 as a condition of the issuance of a permit to use or open a street.
83	83	54 (g) A contractor or subcontractor to a utility company shall be required to agree, as a
84	84	55condition of issuance of a permit to use or open a street, that competent workers, licensed 4 of 4
85	85	56pursuant to section 13 of chapter 30a and chapter 112, to perform any and all trades in
86	86	57compliance with federal and state law, shall be employed thereon and that prevailing wages and
87	87	58benefits shall be the prevailing wage for the similar titles as established by the fiscal officer
88	88	59pursuant to this section, paid to those so employed. A contractor or subcontractor to a utility
89	89	60company shall be required to keep original payrolls and transcripts thereof, subscribed and sworn
90	90	61to or affirmed by them as true under the penalties of perjury, setting forth the names and
91	91	62addresses and showing for each worker, laborer or mechanic the: (i) hours and days worked; (ii)
92	92	63occupations worked; (iii) hourly wage rates and benefits paid; and (iv) supplements paid or
93	93	64provided as, and in the manner required by sections 26 to 27F, inclusive, of said chapter 149.