2SSB 6480 -
By Senators Haugen, Mulliken
ADOPTED 02/11/2006
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 39.04.300 and 2005 c 3 s 1 are each amended to read
as follows:
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, including returning veterans, in sufficient numbers in the
future for the construction of public works. Furthermore, the state of
Washington hereby establishes its intent to assist returning veterans
through programs such as the "helmets to hardhats" program, which is
administered by the center for military recruitment, assessment, and
veterans employment. It is the state's intent to assist returning
veterans with apprenticeship placement career opportunities, in order
to expedite the transition from military service to the construction
work force.
Sec. 2 RCW 39.04.320 and 2005 c 3 s 3 are each amended to read as
follows:
(1)(a) Except as provided in (b) of this subsection, from January
1, 2005, 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.
(b)(i) This section does not apply to contracts advertised for bid
before July 1, 2007, for any public works by the department of
transportation.
(ii) For contracts advertised for bid on or after July 1, 2007, and
before July 1, 2008, for all public works by the department of
transportation estimated to cost five million dollars or more, all
specifications shall require that no less than ten percent of the labor
hours be performed by apprentices.
(iii) For contracts advertised for bid on or after July 1, 2008,
and before July 1, 2009, for all public works by the department of
transportation estimated to cost three million dollars or more, all
specifications shall require that no less than twelve percent of the
labor hours be performed by apprentices.
(iv) For contracts advertised for bid on or after July 1, 2009, for
all public works by the department of transportation estimated to cost
two million dollars or more, all specifications shall require that no
less than fifteen percent of the labor hours be performed by
apprentices.
(2) Awarding agency directors may adjust the requirements of this
section for a specific project for 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 ((chapter 3, Laws of 2005)) RCW
39.04.300 and 39.04.310 and this section; or
(d) Other criteria the awarding agency director deems appropriate,
which are subject to review by the office of the governor.
(3) The secretary of the department of transportation shall adjust
the requirements of this section for a specific project for the
following reasons:
(a) The demonstrated lack of availability of apprentices in
specific geographic areas; or
(b) A disproportionately high ratio of material costs to labor
hours, which does not make feasible the required minimum levels of
apprentice participation.
(4) This section applies only to public works contracts awarded by
the state. However, this section does not apply to contracts awarded
by state four-year institutions of higher education((,)) or state
agencies headed by a separately elected public official((, or the
department of transportation)).
(((4))) (5)(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 name of each apprentice and apprentice registration number;
(ii) The name of each project;
(iii) The dollar value of each project;
(iv) The date of the contractor's notice to proceed;
(v) The number of apprentices and labor hours worked by them,
categorized by trade or craft;
(vi) The number of journey level workers and labor hours worked by
them, categorized by trade or craft; and
(vii) The number, type, and rationale for the exceptions granted
under subsection (2) of this section.
(b) The department of labor and industries shall assist the
department of general administration in providing information and
technical assistance.
(((5))) (6) The secretary of transportation shall establish an
apprenticeship utilization advisory committee, which shall include
statewide geographic representation and consist of equal numbers of
representatives of contractors and labor. The committee must include
at least one member representing contractor businesses with less than
thirty-five employees. The advisory committee shall meet regularly
with the secretary of transportation to discuss implementation of this
section by the department of transportation, including development of
the process to be used to adjust the requirements of this section for
a specific project. The committee shall provide a report to the
legislature by January 1, 2008, on the effects of the apprentice labor
requirement on transportation projects and on the availability of
apprentice labor and programs statewide.
(7) At the request of the senate labor, commerce, research and
development committee, the house of representatives commerce and labor
committee, or their successor committees, and the governor, the
department of general administration and the department of labor and
industries shall compile and summarize the agency data and provide a
joint report to both committees. The report shall include
recommendations on modifications or improvements to the apprentice
utilization program and information on skill shortages in each trade or
craft.
NEW SECTION. Sec. 3 A new section is added to chapter 39.04 RCW
to read as follows:
The Washington state apprenticeship and training council shall lead
and coordinate an outreach effort to educate returning veterans about
apprenticeship and career opportunities in the construction industry.
The outreach effort shall include information about the "helmets to
hardhats" program and other paths for making the transition from
military service to the construction work force. The outreach effort
shall be developed and coordinated with apprenticeship programs, other
state agencies involved in work force training, and representatives of
contractors and labor."
2SSB 6480 -
By Senators Haugen, Mulliken
ADOPTED 02/11/2006
On page 1, line 2 of the title, after "projects;" strike the remainder of the title and insert "amending RCW 39.04.300 and 39.04.320; and adding a new section to chapter 39.04 RCW."