SB 6239 — Addressing compliance with apprenticeship utilization requirements and bidding on public works projects.

S-4960.1SENATEENGROSSED SENATE BILL 6239State of Washington66th Legislature2020 Regular SessionBySenators Conway, Keiser, Hasegawa, Saldaña, Van De Wege, Lovelett, and Wilson, C.Prefiled 01/10/20.Read first time 01/13/20.Referred to Committee on Labor & Commerce.AN ACT Relating to compliance with apprenticeship utilization requirements and bidding on public works projects;

RCW 39.04.310 and 2015 c 48 s 1 are each amended to read as follows:The definitions in this section apply throughout this section and RCW 39.04.300 and 39.04.320 unless the context clearly requires otherwise.(1) "Apprentice" means an apprentice enrolled in a state-approved apprenticeship training program.(2) "Apprenticeship utilization plan" means a plan submitted by a prospective bidder specifically detailing verifiable efforts to meet the apprenticeship utilization requirements.(3) "Apprentice utilization requirement" means the requirement that the appropriate percentage of labor hours be performed by apprenticesapprentices.(((3)))(4) for each and every contractor and subcontractor on a public works project.(3) "Labor hours" means the total hours of workers receiving an hourly wage who are directly employed by the contractor or subcontractor on a public works project upon the public works project.

"Labor hours" includes hours performed by workers employed by the contractor and all subcontractors working on the project,project. and is measured on a per contractor basis.

"Labor hours" does not include hours worked by foremen, superintendents, owners, and workers who are not subject to prevailing wage requirements.(4)requirements.(((4)))(5) "School district" has the same meaning as in RCW 28A.315.025.(5)28A.315.025.(((5)))(6) "State-approved apprenticeship training program" means an apprenticeship training program approved by the Washington state apprenticeship council.Sec.

and a state excise tax registration number as required in Title 82 RCW;(d) Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3);(e) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation;(f) If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, be a training agent operating under a valid training agreement in accordance with chapter 49.04 RCW;(g) Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW.

and(((g)))(h)and(g) Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW.(2) Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement in accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirement of subsection (1)(((g)))(h)(1)(g) of this section.

If the final determination affirms that the bidder is not responsible, the state or municipality may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination.(4)determination. The capital projects advisory review board created in RCW 39.10.220 shall develop suggested guidelines to assist the state and municipalities in developing supplemental bidder responsibility criteria.

(e) If the bidder has a history of receiving monetary penalties for not achieving the apprenticeship utilization goals pursuant to RCW 39.04.320, or is habitual in utilizing the good faith effort exception process, the bidder must submit an apprenticeship utilization plan along with its bid documents.(4) The capital projects advisory review board created in RCW 39.10.220 shall develop suggested guidelines to assist the state and municipalities in developing supplemental bidder responsibility criteria.