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Bill

S 1229

Establishes a sustainable aviation fuel tax credit

2025 Regular Session Introduced by Rachel May

Allows private parties to sue in the Commonwealth’s name for unpaid construction wages, with damages/penalties, boosting wage-theft enforcement and fair bidding.

REFERRED TO ENERGY AND TELECOMMUNICATIONS
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Bill Summary · S 1229

Summary — S 1229 (Senate No. 1229)

Note: The bill text provided and the bill metadata appear to conflict. The textual excerpt filed as “Senate No. 1229” (dated 1/16/2025) is a Massachusetts bill to create a Construction Industry Private Attorney General Action (inserting Section 150D into Chapter 149). However, the initial metadata you supplied lists the title “Establishes a sustainable aviation fuel tax credit” and other inconsistent sponsor/committee data. This summary below describes the construction-industry private attorney general bill from the provided text. Please verify which bill/version you want if you intended the aviation-fuel tax-credit measure.

Purpose and intent

The bill authorizes private representative enforcement of wage-law violations in the construction industry on behalf of the Commonwealth. Its expressly stated goals are: (1) to protect employees from wage non‑payment, (2) to ensure honest bid competition by preventing employers from gaining an unlawful cost advantage, and (3) to enable interested private parties to pursue enforcement where public enforcement is impractical.

Key provisions

  • Adds Section 150D to Chapter 149 (Massachusetts General Laws).
  • Findings: enumerates harms from wage non‑payment (unpaid employees, unfair bidding, insurance/premium impacts, public tax loss).
  • Broad definitions:
    • “Construction Industry” — broadly defined to include contractors, residential contractors under ch.142A, drivers delivering materials, and labor on private projects similar to public work.
    • “Construction Industry Employer” — firms that bid on public projects governed by §27 within 5 years or firms with Commonwealth construction contracts > $500,000 that employed construction labor.
    • “Wage Non‑payment” — failure to pay wages required by specified statutory provisions (e.g., ch.149 §§27,148–150, ch.151 §1A) or contract provisions tied to §27 wage rates.
    • “Affected Employee” — a current or former construction worker owed wage(s) where a substantial part of the unpaid wages were earned performing construction labor.
    • “Interested Party” — includes: construction employers; multi‑employer trust trustees; labor organizations; employer trade organizations with ≥5 member firms; or an affected employee.
  • Private attorney‑general action:
    • An Interested Party showing probable cause may sue in the name of and on behalf of the Commonwealth to recover damages and penalties (text truncated before full remedies specified).
    • Such suits are designated “private attorney general” actions, representative in nature, but are not treated as class actions provided there is at least a common question of law or fact among two or more Affected Employees.
    • The representative right is non‑waivable and cannot be compelled into arbitration even if individual claims are arbitrable (text truncated mid‑sentence).
  • Enforcement mechanics, penalties, and remedies (specifics) are not fully shown in the excerpt.

Who is affected

  • Construction employers (especially those bidding public work or with contracts > $500,000).
  • Subcontractors and higher‑tier contractors (will face additional exposure and compliance scrutiny).
  • Construction employees (may gain new avenues to recover unpaid wages).
  • Labor organizations, employer groups, and multi‑employer trusts (gain standing to bring enforcement actions).
  • The Commonwealth (suits are brought in its name; intended to protect public interest).

Procedural/timeline notes (from provided actions)

  • Text filed as Senate Docket No. 1518 on 1/16/2025; presented by Senator Patrick M. O’Connor.
  • Referred to The Judiciary (2/27/2025); other entries show readings and committee referrals and hearings scheduled for 06/03/2025 (two entries). Additional metadata lists a 4/1/2025 introduction and referral to Finance. There are conflicting committee/referral entries (including “Referred to Energy and Telecommunications”); please confirm the official legislative history for accuracy.

Impact considerations

  • Would likely increase private enforcement of wage laws in construction and deter wage theft, improving outcomes for workers and honest bidders.
  • Could increase litigation costs and regulatory exposure for construction firms and subcontractors; may affect bidding behavior and contract compliance efforts.
  • The arbitration non‑waiver clause may raise legal questions about enforceability of arbitration agreements and preemption.

If you want, I can:
- Produce a redlined summary comparing this draft to current Chapter 149 text;
- Extract and summarize the missing remedies/penalties if you can provide the remainder of the bill text; or
- Prepare a one‑page briefing focused on likely industry and legal impacts.

Compiled from official sources — confirm details with the bill’s official record.

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