An Act relative to a public health prevailing wage exemption

194th Legislature (2025-2026) Introduced by Joe McKenna

Exempts health care facility and other public health construction from prevailing wage rules, with the Public Health Commissioner deciding which projects qualify.

Overview

This proposed Massachusetts bill seeks to exempt certain public health construction projects from the state’s prevailing wage requirements. Specifically, it would add a new Section 27I to Chapter 149, carving out wages on designated health care facility projects and other public health projects from the provisions governing prevailing wages.

Primary Purpose and Intent

To waive prevailing wage requirements on specified health care construction and public health projects.

To allow wage determinations not to apply to these projects, potentially reducing labor costs for certain public health-related builds.

To grant the Commissioner of Public Health discretion to determine which projects qualify under the exemption.

Key Provisions

Addition of Section 27I to Chapter 149 (as appearing in 2022 Official Edition), which states:

Wages paid for work on the construction of a health care facility (as defined in section 25B of chapter 111) or other public health projects, as deemed by the Commissioner of Public Health, shall not be subject to the prevailing wage requirements found in sections 26 through 27C of Chapter 149.

Definitions:

“Health care facility” is anchored to the definition in section 25B of chapter 111.
“Other public health projects” are included at the discretion of the Commissioner of Public Health.

Scope: The exemption applies to the wage provisions governing publicly funded construction projects, effectively removing these projects from prevailing wage protections.

Who Would Be Affected

Contractors, subcontractors, and workers on exempted projects.

Public health-related construction endeavors financed or overseen by state or local governments that fall under the commissioner’s designation.

Agencies and authorities responsible for health care facility construction (as defined) and potential “other public health projects” the commissioner approves.

Procedural and Timeline Aspects

Bill Number: HD 2343 (House Docket No. 2343).

Title: An Act relative to a public health prevailing wage exemption.

Introduced: November 29, 2025 (municipal and legislative context shows prior filing in January 2025 under House No. 2148 for Rep. McKenna).

Status: Not specified in the provided materials.

Effective date: Not stated in the text; no explicit sunset or implementation timeline is provided within the excerpt.

Process: As a proposed bill, it would require passage by both chambers and the governor to become law, potentially with committee consideration and possible amendments.

Notable Considerations

The exemption hinges on administrative determinations by the Commissioner of Public Health, introducing a discretionary element for project qualification.

The bill changes the standard of wages on health-related construction projects, which could impact workforce compensation, bid competitiveness, and project budgeting.

Clarifications may be sought on what constitutes “other public health projects” and how determinations are reviewed or appealed.

This summary reflects the bill text provided and outlines its core purpose, provisions, affected parties, and procedural context.

Bill