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S 1329

Relates to adjustment of electric residential fixed charges

2025 Regular Session Introduced by Leroy Comrie and 3 co-sponsors

Requires prevailing wages and benefits for utility street excavation contractors; permits require filed wage agreements and sworn payroll records, with municipal enforcement.

REFERRED TO ENERGY
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Bill Summary · S 1329

S.1329 — “An Act relative to roadway excavation quality assurance”

(Inserted as Section 39U of Chapter 30 of the Massachusetts General Laws)

Note: bill metadata in the file includes conflicting titles and entries. This summary is based on the bill text titled “An Act relative to roadway excavation quality assurance” (Senate Docket No. 2514 / Senate No. 1329), which would add Section 39U to Chapter 30.

Purpose

To require contractors and subcontractors performing utility-related street openings or excavations (“covered excavation projects”) to pay prevailing wages and benefits, to mandate submission of wage agreements and payroll records as a condition of permit issuance, and to extend prevailing-wage and payroll-record compliance and enforcement standards to such utility excavation work to improve workmanship and accountability.

Key provisions

  • Adds Section 39U to Chapter 30 (new statutory definitions and requirements).
  • Definitions:
    • “Covered excavation project”: permitable construction work that uses, excavates, or opens a street for a utility company (excludes certain services under section 39M of Chapter 30).
    • “Department of jurisdiction” and “fiscal officer”: the permitting authority and project manager for the jurisdiction issuing the permit.
    • “Prevailing wage”: as determined under sections 26–27F of Chapter 149 (Mass. Department of Labor Standards).
    • “Utility company”: includes natural gas, petroleum pipelines, public utilities, cable companies, municipal utility/traffic signal departments, telephone/communication providers, and private water companies operating in the municipality.
  • Prevailing wage requirement:
    • Contractors/subcontractors working on covered excavation projects must pay at least the prevailing rate of wages and benefits for the trade occupation in that locality.
    • No permit for a covered excavation project may be issued until a contractual agreement confirming payment of the required wages/benefits has been executed and filed with the department of jurisdiction.
    • Permits issued after the effective date must include a copy of Section 39U.
  • Payroll and recordkeeping:
    • Contractors must keep original payrolls and sworn transcripts under penalty of perjury showing each worker’s name/address, hours/days worked, occupations, hourly wage rates and benefits, and supplements — consistent with Chapter 149 (sections 26–27F).
  • Licensing and competency:
    • Contractors must employ competent workers licensed under section 13 of Chapter 30A and Chapter 112 as required by local law/ordinance.
  • Enforcement and remedies:
    • Enforcement is subject to the mechanisms and penalties in section 39M of Chapter 30 and the prevailing-wage enforcement provisions of Chapter 149 (sections 26–27F, section 29, section 148) and Chapter 152.
    • The fiscal officer may promulgate rules and regulations to implement Section 39U.
    • Violations may lead to determinations and orders consistent with existing prevailing-wage law.

Who is affected

  • Directly: utility companies, and their contractors and subcontractors performing street excavations in Massachusetts municipalities.
  • Workers: laborers, mechanics, and tradespeople working on covered excavation projects — who would be guaranteed prevailing wages and benefits.
  • Municipalities and permitting authorities: must verify wage agreements and payroll compliance before issuing permits and may bear administrative responsibilities for enforcement.
  • Potentially affected stakeholders: ratepayers/customers (through potential cost pass-throughs), small contractors (compliance burden), unions (strengthened prevailing-wage coverage).

Procedural / timeline notes

  • Senate Docket No. 2514 / Sen. Paul R. Feeney is the filing sponsor list; bill text filed Jan 17, 2025.
  • Introduced and referred to committee activity (dates in record include referral to Energy; hearing scheduled 05/13/2025). Current status in provided metadata: REFERRED TO ENERGY.
  • The bill authorizes the fiscal officer (permit-issuing authority) to adopt implementing regulations; effective timing would follow enactment.

Potential impacts and considerations

  • Labor cost increase for covered utility excavation work due to prevailing-wage requirements; may raise project/utility operating costs.
  • Improved wage and benefit standards for workers and stronger payroll transparency (sworn payrolls).
  • Potentially higher administrative burden on municipalities and permitting authorities to verify submitted wage agreements and enforce compliance.
  • Enforcement leverages existing prevailing-wage statute infrastructure, which could streamline application of penalties and oversight.

If you’d like, I can:
- Produce a plain-language one-page summary for the public, or
- Draft an implementation checklist for municipal permitting staff.

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

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