The Washington State Apprenticeship and Training Council, which is part of the Department of Labor and Industries (L&I), establishes apprenticeship program standards, approves apprenticeship training programs, and otherwise governs the programs.
Public works contracts that are estimated to cost $1 million or more must require that at least 15 percent of the labor hours be performed by apprentices enrolled in approved apprenticeship training programs. This requirement applies to public works contracts awarded by state agencies, school districts, and four-year institutions of higher education. It does not apply to agencies that are headed by a separately elected official. For public works contracts awarded by the Department of Transportation (DOT), the requirement applies to public works contracts estimated to cost $2 million or more.
Awarding entities may adjust the apprentice utilization requirement for specific projects for the following reasons:
The awarding entity of the public work contract, within existing resources, must monitor contractor and subcontractor apprenticeship hours. Contracts must specify that apprenticeship utilization goals should be met, monetary incentives for meeting the goals, monetary penalties for not meeting the goals, and an expected cost value included in the bid associated with meeting the goal. The contractor must report any noncompliance no later than the final project acceptance to L&I.
Contractors may be disqualified from bidding on public works if they have been found to be out of compliance with certain apprentice requirements.
A public work means all work, construction, alteration, repair, or improvement that is executed at the cost of the state or a municipality.
A municipality includes every city, county, town, port district, district, or other public agency authorized by law to require the execution of public work, except districts associated with drainage, diking, irrigation, or reclamation of undeveloped land.
Apprenticeship utilization requirements are applied to public works contracts awarded by municipalities. Beginning July 1, 2024, public works contracts awarded by a municipality estimated to cost more than $2 million must require no less than 15 percent of the labor hours be performed by apprentices. Beginning July 1, 2026, and until July 1, 2028, apprenticeship utilization requirements apply to public works contracts estimated to cost over $1.5 million. Beginning July 1, 2028, apprenticeship utilization requirements apply to public works contracts estimated to cost over $1 million. Municipalities are added to the existing laws related to apprenticeship utilization, including:
Public housing authorities are exempted from the apprenticeship utilization requirements. Subsections that have expired are removed. L&I, instead of the Department of Enterprise Services (DES), is responsible for collecting data, providing information and technical assistance on apprenticeship utilization reporting. The DES continues to provide sample contract language and contract administration advice.
L&I and the Municipal Research and Services Center must provide training, information, and ongoing technical assistance to municipalities to comply with apprenticeship utilization requirements. Training must include reporting requirements, sample contract language, and best practices on adopting apprenticeship guidelines, including ensuring compliance related to a contractor that seeks a good faith waiver.
Any apprenticeship utilization standards established by local law or ordinance that are more favorable to apprentices remain in effect.
L&I must study and report on public works project outcomes related to apprenticeship utilization requirements, access to apprentices, and participation by small, and women-, minority-, and veteran-owned businesses. At a minimum, the study and report must:
|(House refuses to concur in Senate amendments. Asks Senate to recede from amendments.)|
July 23, 2023
July 1, 2024 (Section 1)