| Summary |
For public projects and energy sector public works projects,
current law requires that any contractor or subcontractor that will perform
mechanical, electrical, or plumbing work on the project participate in an
apprenticeship program that:
•
Is registered with either the United States department of
labor or a state apprenticeship agency recognized by the
United States department of labor and that has a proven
record of graduating apprentices for at least 3 of the past 5
years (registered apprenticeship program); and
•
Satisfies specified graduation requirements (registered
apprenticeship program that satisfies specified graduation
requirements).
Currently, for energy sector public works projects, these
requirements also apply to a contractor or subcontractor that employs
construction laborers on the project. In addition, for energy sector public
works projects, current law requires that all other contractors or
subcontractors participate in a registered apprenticeship program.
Apprenticeship utilization requirements. The bill aligns the
apprenticeship utilization requirements for public projects and energy
sector public works projects and specifies that for both types of projects:
•
Any contractor or subcontractor that will perform
mechanical, electrical, or plumbing work or employ
construction laborers on the project is required to
participate in a registered apprenticeship program that
satisfies specified graduation requirements; and
•
Any other contractor or subcontractor that will perform
work on the project is required to demonstrate a minimal
training requirement by participating in a registered
apprenticeship program.
The bill also aligns current statutory provisions for public projects
and energy sector public works projects in connection with the
apprenticeship utilization requirements, including provisions that:
•
Require the lead contractor for a project to identify all
contractors and subcontractors that will perform work on
the project;
•
Require the lead contractor for a project to certify that all
contractors and subcontractors that perform work on the
project satisfy the applicable apprenticeship utilization
requirements;
•
Require the contract for a project to include the
apprenticeship utilization requirements;
•
Require the lead contractor for a project to provide
documentation to prove compliance with the apprenticeship
utilization requirements;
•
Allow waivers of the apprenticeship utilization
requirements under specified circumstances; and
•
Allow an apprenticeship program that does not satisfy the
criteria specified in the bill to petition the department of
labor and employment for conditional approval for the
purposes of the bill.
Project labor agreements for public projects. The bill authorizes
an agency of government to incorporate a project labor agreement
requirement for a public project if the project labor agreement will
promote successful project delivery by securing a skilled labor force for
the project and if it will promote cost-efficiency, safety, quality, and
timely completion of the project. If all construction work on the public
project is covered by a project labor agreement, the apprenticeship
utilization requirements specified in the bill and the current statutory
prevailing wage requirements for a public project do not apply to the
project. The provisions in the bill regarding project labor agreements for
public projects are parallel to the current statutory provisions regarding
project labor agreements for energy sector public works projects.
County opt in to state apprenticeship utilization and prevailing
wage requirements. The bill allows a county to opt in to the state
apprenticeship utilization and prevailing wage requirements. A county
that intends to opt in to such requirements may request, through a process
specified in the bill, that the department of personnel collaborate with the
county regarding the implementation, application, and enforcement of the
state apprenticeship utilization and prevailing wage requirements. The bill
allows the department of personnel or other agencies of government and
a county that opts in to the state apprenticeship utilization and prevailing
wage requirements to enter into an intergovernmental agreement to
address the rights and obligations of the parties in connection with the
implementation, administration, and enforcement of such requirements.
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