Brief Description: Defining locality for purposes of paying prevailing wages on public works, including the off-site prefabrication of nonstandard, project-specific items.

Sponsors: Representatives Wood, Ormsby and Conway.

Hearing Date: 2/16/07

Staff: Joan Elgee (786-7106).

Background:

Under Washington's prevailing wage law, wages paid to laborers, workers, or mechanics on all public works and public building service maintenance contracts must be not less than the prevailing rate of wage in the same trade or occupation in the locality within the state where the labor is performed. The "locality" is the largest city in the county where the physical work is being performed.

A 1988 Washington Supreme Court decision interpreted "public works" to include nonstandard items specifically produced for public works projects and produced off-site. "Locality" in these cases is the county in which the actual prefabrication takes place.

Summary of Bill:

The "locality" for purposes of determining prevailing wages is defined to be the largest city in the county where the public work is located (rather than where the physical work is performed) or the public building maintenance service contract is performed. For the off-site prefabrication of nonstandard, project-specific items in a location outside Washington, the "locality" is the largest city in the county where the physical work of the on-site installation of the item is being performed.

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

Appropriation: None.

Fiscal Note: Requested on February 11, 2007.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.