Bill Text: PA HB1591 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for economic development responsibility by requiring standard wages on certain projects receiving State subsidies.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2011-05-25 - Referred to COMMERCE [HB1591 Detail]

Download: Pennsylvania-2011-HB1591-Introduced.html

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PRINTER'S NO. 1974
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1591 Session of2011
INTRODUCED BY MATZIE, BRADFORD, BRIGGS, CALTAGIRONE, D. COSTA, DAVIS, DEASY, DePASQUALE, GERBER, GIBBONS, GOODMAN, HALUSKA, HORNAMAN, JOHNSON, JOSEPHS, KORTZ, M. O'BRIEN, SABATINA, K. SMITH, STABACK, STURLA, THOMAS AND WAGNER, MAY 25, 2011
REFERRED TO COMMITTEE ON COMMERCE, MAY 25, 2011
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, providing for economic development
responsibility by requiring standard wages on certain
projects receiving State subsidies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 12 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 55
ECONOMIC DEVELOPMENT RESPONSIBILITY
Sec.
5501. Scope of chapter.
5502. Purpose.
5503. Definitions.
5504. Standard wages required.
5505. Recordkeeping.
5506. Investigation, enforcement, penalties and civil action.
5507. Regulations.
§ 5501. Scope of chapter.
This chapter relates to economic development responsibility.
§ 5502. Purpose.
The purpose of this chapter is to further ensure that
Commonwealth-supported economic development projects meet their
goals for community redevelopment by expanding State and local
communities' tax bases through an assurance that service jobs
created by such projects provide the wages and benefits
necessary for workers to contribute to local economies and
support their families without relying on public assistance
programs. This chapter is designed to ensure that the service
jobs created at subsidized developments do not undermine local
wage standards and requires that building and food service
workers employed on projects that receive Commonwealth subsidies
be paid certain wage rates.
§ 5503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Building service employee." A person who performs work in
connection with the care and maintenance of property, including,
but not limited to, watchman, security officer, concierge,
doorperson, cleaner, janitor, custodian, superintendent, porter,
engineer, maintenance person, handyperson, elevator operator,
elevator starter, window cleaner and groundskeeper.
"Covered employer." An employer that receives a State
subsidy and uses building service employees or food service
employees to perform services on a project.
"Food service employee." A person who performs work in
connection with the preparation and service of food and
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beverages, including, but not limited to, cafeteria attendant,
line attendant, cook, preparatory cook, butcher, baker, server,
cashier, catering worker, dining attendant, dishwasher, food or
merchandise vendor, pantry worker, waiter and waitress. The term
does not include an employee directly employed by an
independently owned restaurant, other than a cafeteria.
"Project." Any of the following:
(1) A commercial office building of at least 100,000
square feet or a commercial office complex totaling at least
100,000 square feet.
(2) A residential building of at least 50 units.
(3) A building of at least 100,000 square feet
containing commercial office space and residential units.
(4) A hotel or motel of at least 100,000 square feet.
(5) A building of at least 100,000 square feet
containing hotel or motel units and residential units.
(6) A building of at least 100,000 square feet
containing hotel or motel units and commercial office space.
(7) A shopping mall of at least 100,000 square feet.
(8) A sports stadium, performance hall or amphitheater
of at least 100,000 square feet.
(9) An airport.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth and any authorized agent of the secretary.
"Standard wage." The highest of the following:
(1) The wage rate, including supplemental benefits,
determined by the Secretary of Labor and Industry for the job
classification under the Service Contract Act of 1965 (41
U.S.C. § 351 et seq.).
(2) The wage rate equal to 150% of the minimum wage as
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defined in section 4 of the act of January 17, 1968 (P.L.11,
No.5), known as The Minimum Wage Act of 1968.
(3) The wage rate established pursuant to any city,
county or other local prevailing wage or similar law.
"State." The Commonwealth and any State agency, department
and authority.
"State subsidy." A grant, discounted or forgiven loan, bond
financing, infrastructure improvement related to a project,
below-market sale or lease of property, tax increment financing,
job creation incentive, including tax credit, tax abatement and
other form of financial assistance, with an aggregate value of
at least $25,000 that is paid, awarded or otherwise provided to
an entity. For purposes of determining whether the value
threshold is met, all affiliates, controlled organizations,
controlling organizations and organizations having an identity
of interest with an entity shall be treated as a single entity.
§ 5504. Standard wages required.
Building service and food service employees shall be paid not
less than the standard wage for all work performed on or related
to projects that receive a State subsidy.
§ 5505. Recordkeeping.
Covered employers shall comply with the recordkeeping
provisions set forth in section 8 of the act of January 17, 1968
(P.L.11, No.5), known as The Minimum Wage Act of 1968.
§ 5506. Investigation, enforcement, penalties and civil action.
Any employee who has not been paid the standard wage as
provided in this chapter, or the employee's representative, may
utilize the investigation, enforcement, penalty and civil action
sections of the act of January 17, 1968 (P.L.11, No.5), known as
The Minimum Wage Act of 1968, and the regulations adopted
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pursuant to that act.
§ 5507. Regulations.
The Department of Labor and Industry, in consultation with
the Department of Community and Economic Development, may issue
regulations to implement the provisions of this chapter.
Section 2. This act shall take effect in 60 days.
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