All,

After a spirited debate, where Senator Martin (R-Lancaster) and Dawn Keefer (R-Cumberland/York) attempted to offer amendments that were “tabled,” the Senate passed Senate Bill 908 – Custom Fabrication – by a vote of (37-13). The bill now goes to the House for its consideration.

During his floor speech, Senator Martin mentioned all the concerns that we raised in our opposition letter. I subsequently reached out to his office expressing PUCA’s thanks for him sticking up for Pennsylvania manufacturers and contractors. This bill has obviously created a huge rift within the Senate Republican caucus, as half of their 27 members voted against this bill. Thank you all for reaching out to your Senators to express your opposition.

• Senate Bill 908 (Farry-R) amends the Pennsylvania Prevailing Wage Act, further providing for definitions, for specifications, for prevailing wage and for duty of secretary.

Senator Martin offered the following amendments:

• Amendment #A03572 – Increases the threshold for “public work” from $25,000 to $2,500,000. Motion to Table Adopted, 34-16
• Amendment #A03573 – Removes the reference to custom fabrication. Motion to Table Adopted, 36-14

Senator Keefer offered the following amendment:

• Amendment #A03582 – The act shall apply only to cities of the first class (i.e., Philadelphia). Motion to Table Adopted, 39-11

• Status: Senate Labor & Industry, 7/8/2025 – Reported, 6/2/2026 – 1^st Consideration, 6/2/2026 – 2^nd Consideration, 6/3/2026 – Re-referred to Senate Rules, 6/3/2026 – Re-reported, as amended, 6/9/2026 – Passed Senate, (37-13), 6/10/2026

Specifically, this legislation:

• Adds HVAC duct cleaning and custom offsite fabrication to the definition of “public work” projects that are subject to the Prevailing Wage Act.

Amends the definition of “Public work” to exclude the rehabilitation of a residential property or school safety and security improvement and defines both terms.

Exempts rehabilitation of up to 8 units of residential housing from prevailing wage requirements.

Exempts projects paid for from school safety grant funds that do not exceed $50,000.

• For workmen engaged in custom fabrication for a public work project, the applicable prevailing minimum wage shall be the prevailing minimum wage rate for the applicable craft or trade in the locality in which the public work project is located.

PUCA’s concern with the custom fabrication provision in this legislation involves the uncertainty and enforceability of this provision. For example, a material supplier of custom tanks, skid mounted equipment, and etc. that produces the materials in Utah or in another country will be required to have knowledge of the prevailing wages in a project’s location, pay their shop people in accordance with those rates for the time associated with that fabrication.

PUCA believes that it will be exceedingly difficult for the Secretary, and contractors utilizing custom fabrication, to enforce prevailing minimum wage rates on custom fabrication materials that are produced out of state or out of the country.

The custom fabrication provision is thought to be unenforceable (although I fear the Secretary may find a way to put that onus on the contractor to produce certification or something like that).

We expect the House Labor & Industry Committee to consider this legislation either later today or on Monday (the House is going to want to push this through as soon as possible).

Thanks,

Erik A. Ross, Senior Associate

Milliron & Goodman Government Relations, LLC