Bill
SD 2514
Requires prevailing wages and benefits for utility road excavation, with payroll records and permit language; strengthens oversight and wage compliance.
Status: House concurred
Introduced: February 27, 2025
Purpose
- To ensure quality and labor standards for utility-related roadway excavation projects by requiring compliance with prevailing wage and wage-benefit agreements, and by strengthening oversight and documentation for permits issued to utility contractors and their subcontractors.
What the bill would do (Key Provisions)
- New statutory section: Inserts Section 39U into Chapter 30, after existing Section 39T.
- Definitions
- Covered excavation project: Construction work for which a permit may be issued to a contractor or subcontractor to a utility company by the state, a municipality, or other political subdivision; includes street excavation but excludes certain service work under Section 39M of Chapter 30.
- Department of jurisdiction: Entity that issues permits to utility contractors/subcontractors.
- Fiscal officer: Project manager for the permit awarding authority.
- Prevailing wage: Minimum hourly rate determined by the Massachusetts Department of Labor Standards (Ch. 149, S. 26–27F).
- Utility company: Includes gas, electricity, telecommunications, water, and related utility providers within the project area.
- Prevailing wage requirements
- Contractors/subcontractors on covered excavation projects must pay not less than the prevailing wage and benefits for the relevant trade/occupation in the locality.
- Before permit issuance, there must be a contractual agreement mandating payment of prevailing wages and benefits, filed with the Department of Jurisdiction. All permits issued after the effective date must include a copy of Section 39U.
- Enforcement and compatibility with existing law
- Enforcement to follow existing mechanisms under Section 39M of Chapter 30 and wage/benefit laws in Chapters 149 (Sects. 26–27F) and related sections; and relevant public works provisions.
- The fiscal officer may issue rules/regulations governing the section; violations may trigger determinations/orders under 39M and wage laws.
- Payroll and record-keeping
- Contractors/subcontractors must maintain original payroll records and sworn transcripts detailing worker names, occupations, hours, wage rates, benefits, and supplements as required by Ch. 149 Sects. 26–27F.
- Licensing and workforce standards
- Utility contractors must ensure workers are licensed where required by law, and that prevailing wages/benefits apply to all trades performed.
- Compliance with applicable federal/state laws is required; payroll documentation must be available for inspection.
Who would be affected
- Utility companies and their contractors/subcontractors performing road excavation.
- Laborers, workers, and mechanics on covered projects.
- Permitting authorities (state, county, municipal) and the Department of Jurisdiction.
- Employers and payroll administrators responsible for wage and benefit compliance.
Procedural and Timeline Notes
- Filed January 17, 2025; Senate petitioned as Senate No. 1329.
- Legislative actions show referral to the Committee on Labor and Workforce Development on February 27, 2025.
- The House concurred on February 27, 2025, indicating initial alignment between chambers on the bill’s provisions.
Impact considerations
- Increases compliance and record-keeping requirements for utility excavation projects.
- Potentially higher project costs due to adherence to prevailing wage rates and benefits.
- Strengthens oversight and accountability for wages and quality of work on roadway excavation projects.
Compiled from official sources — confirm details with the bill’s official record.
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