BILL REQ. #:  H-2359.1 

READ FIRST TIME 03/10/03.   

     AN ACT Relating to apprenticeship utilization requirements on public works projects; and adding new sections to chapter 39.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A well-trained construction trades work force is critical to the ability of the state of Washington to construct public works. Studies of the state's work force highlight population trends that, without a concerted effort to offset them, will lead to an inadequate supply of skilled workers in the construction industry. State government regularly constructs public works. The efficient and economical construction of public works projects will be harmed if there is not an ample supply of trained construction workers. Apprenticeship training programs are particularly effective in providing training and experience to individuals seeking to enter or advance in the work force. 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.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout sections 1 through 3 of this act unless the context clearly requires otherwise.
     (1) "Apprentice" means an apprentice enrolled in a state-approved apprenticeship training program.
     (2) "Apprentice utilization requirement" means the requirement that the appropriate percentage of labor hours be performed by apprentices.
     (3) "Labor hours" means the total hours of workers receiving an hourly wage who are directly employed on the site of the public works project. "Labor hours" includes hours performed by workers employed by the contractor and all subcontractors working on the project. "Labor hours" does not include hours worked by foremen, superintendents, owners, and workers who are not subject to prevailing wage requirements.
     (4) "State-approved apprenticeship training program" means an apprenticeship training program approved by the Washington state apprenticeship council.

NEW SECTION.  Sec. 3   (1) From July 1, 2003, through December 31, 2003, for all public works estimated to cost two million dollars or more, all specifications shall require that no less than twelve percent of the labor hours be performed by apprentices.
     (2) From January 1, 2004, and thereafter, for all public works estimated to cost one million dollars or more, all specifications shall require that no less than fifteen percent of the labor hours be performed by apprentices.
     (3) Awarding agency directors shall adjust the requirements of this section for a specific project if a bidder asserts one or more of the following reasons:
     (a) The demonstrated lack of availability of apprentices in specific geographic areas;
     (b) A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation;
     (c) Participating contractors have demonstrated a good faith effort to comply with the requirements of this act; or
     (d) Other criteria the awarding agency director deems appropriate.
     (4) If the awarding agency director disputes the validity of the asserted reason for adjusting the requirements of this section for a specific project, the awarding agency director has the burden of establishing that the asserted reason was not valid.
     (5) A contractor must make reasonable efforts to apply the apprentice utilization percentage requirements listed in subsections (1) and (2) of this section so that the appropriate percentage of labor hours in each separate craft or trade is performed by apprentices in that craft or trade.
     (6) This section applies only to public works contracts awarded by the state and the institutions of higher education as defined in RCW 28B.10.016. However, this section does not apply to contracts awarded by state agencies headed by a separately elected public official and the department of transportation.
     (7)(a) The department of general administration must provide information and technical assistance to affected agencies and collect the following data from affected agencies for each project covered by this section:
     (i) The number of apprentices and labor hours worked by them, categorized by trade or craft;
     (ii) The number of journey level workers and labor hours worked by them, categorized by trade or craft; and
     (iii) The number, type, and rationale for the exceptions granted under subsection (3) of this section.
     (b) By January 1, 2004, and each year thereafter, the department of general administration shall compile and summarize the agency data and provide reports to the senate commerce and trade committee, the house of representatives commerce and labor committee, or their successor committees, and the governor. The report shall include recommendations on modifications or improvements to the apprentice utilization program.
     (8) By January 1, 2004, and each year thereafter, the department of labor and industries must report to the senate commerce and trade committee, the house of representatives commerce and labor committee, or their successor committees, and the governor on skill shortages in each trade or craft.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act are each added to chapter 39.04 RCW.