Amendment 119 - Withdrawn

Amendment ID: S2829-119

Amendment 119

Prevailing Wage

Mr. Feeney, Ms. Edwards, Messrs. Pacheco and Eldridge, Ms. Kennedy, Ms. Miranda, Messrs. Collins, Keenan and Moore, Ms. Jehlen, Ms. Moran, Messrs. Brady, Mark, Timilty, Payano, Velis, O'Connor, Oliveira, Gomez, Cronin, Montigny, Kennedy and Fattman and Ms. Rausch move that the proposed new draft be amended by inserting after section __ the following section:-

"SECTION __. Chapter 149 of the General Laws is hereby amended by inserting after section 27H the following sections:

Section 27I. All construction, reconstruction, installation, alteration or repair on natural gas utility infrastructure, including, but not limited to, pipelines, mains, services and other infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.

No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to pipeline construction, reconstruction, installation, alteration or repair work by a gas distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.

Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the gas local distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every 6 months.

Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.

An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.

Section 27J. All construction, reconstruction, installation, alteration or repair on electrical utility infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.

No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to construction, reconstruction, installation, alteration or repair work by a electric distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.

Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the electric company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every 6 months.

Section 27K. All construction, reconstruction, installation, alteration or repair on renewable energy generation, distribution, transmission infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.

No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to construction, reconstruction, installation, alteration or repair work by a renewable energy company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.

Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the renewable energy distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six (6) months.