Brief Description: Eliminating the department of transportation's exemption from the public works apprenticeship utilization requirements.

Sponsors: Representatives Conway, Wallace, Jarrett, Wood, Hankins, Murray, Haler, Ormsby, Morrell, Strow, McCoy, Upthegrove, Chase, Simpson, Appleton, Sells, Dickerson, Hasegawa, Kenney and Hudgins; by request of Department of Transportation.

Hearing Date: 1/26/06

Staff: Jill Reinmuth (786-7134).

Background:

State agencies under the Governor's authority must require that apprentices enrolled in state-approved apprenticeship training programs participate in public works projects. This requirement was originally established in an executive order issued in 2000, and later codified in legislation enacted in 2005.

Legislative Statement

In the legislation enacting the apprenticeship utilization requirement, the Legislature stated, in part, that: "By providing for apprenticeship utilization on public works projects, state government can create opportunities for training and experience that will help assure that a trained work force will be available in sufficient numbers in the future for the construction of public works."

Apprenticeship Utilization

For public works estimated to cost $1 million or more, the specifications must require that no less than 15 percent of the labor hours be performed by apprentices enrolled in state-approved apprenticeship training programs. This apprenticeship utilization requirement applies to public works contracts awarded by state agencies, but not state four-year institutions of higher education, state agencies headed by a separately elected public official, and the Department of Transportation.

Awarding agencies may adjust this apprenticeship utilization requirement for specific projects for the following reasons:

• A demonstrated lack of availability of apprentices in specific geographic areas;
• A disproportionately high ratio of material costs to labor hours;
• A demonstrated good faith effort by participating contractors to comply with the apprenticeship utilization requirement; or
• Other criteria the agency director deems appropriate, subject to prior review by the Office of the Governor.

Summary of Bill:

The legislative statement on apprenticeship utilization is restated. The legislative intent relating to assisting returning veterans is expressed. The exception from the apprenticeship utilization requirement for Department of Transportation projects is stricken.

Legislative Statement and Intent

The Legislature restates that: "By providing for apprenticeship utilization on public works projects, state government can create opportunities for training and experience." The Legislature states that these opportunities will "help assure that a trained work force will be available, including returning veterans, in sufficient numbers in the future for the construction of public works."

The Legislature intends to assist returning veterans through programs such as "Helmets to Hardhats," and with apprenticeship placement career opportunities. ("Helmets to Hardhats" is a program sponsored by building and construction trades organizations and their employer associations. It is administered by a not-for-profit trust directed by a joint labor-management construction industry committee.)

Apprenticeship Utilization

The requirement for apprenticeship utilization in public works projects is extended to public works projects by the Department of Transportation.

Rules Authority: The bill does not contain provisions addressing the rule-making powers of an agency.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect on July 1, 2007.