AB305A - Revises provisions governing public works. (BDR 28-112)

(Reprinted with amendments adopted on May 23, 2023) SECOND REPRINT A.B. 305 - *AB305_R2* ASSEMBLY BILL NO. 305–ASSEMBLYWOMEN MONROE-MORENO; CONSIDINE AND THOMAS MARCH 15, 2023 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions governing public works. (BDR 28-112) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public works; requiring, with certain exceptions, a contractor or subcontractor to comply with certain requirements relating to the use of apprentices who are women on a public work; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a contractor or subcontractor engaged in: (1) vertical 1 construction who employs a worker on a public work to use one or more 2 apprentices for at least 10 percent of the total hours of labor worked for each 3 apprenticed craft or type of work to be performed on the public work for which 4 more than three workers are employed; and (2) horizontal construction who 5 employs a worker on a public work to use one or more apprentices for at least 3 6 percent of the total hours of labor worked for each apprenticed craft or type of work 7 to be performed on the public work for which more than three workers are 8 employed. (NRS 338.01165) Section 1 of this bill requires that, to the extent 9 practicable: (1) at least 2 percent of the hours of labor for vertical construction that 10 is required to be performed by apprentices must be performed by women; and (2) at 11 least 1 percent of the hours of labor for horizontal construction that is required to be 12 performed by apprentices must be performed by women. Section 1 also requires the 13 State Apprenticeship Council to review, at least once every 2 years, the policies of 14 an apprenticeship program that does not provide enough apprentices who are 15 women to enable a contractor or subcontractor to meet the percentage of hours of 16 labor required to be performed by women. Section 2 of this bill provides that such 17 requirements do not apply to a contract for a public work for which bids have been 18 submitted before January 1, 2024. 19 – 2 – - *AB305_R2* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 338.01165 is hereby amended to read as 1 follows: 2 338.01165 1. Notwithstanding any other provision of this 3 chapter and except as otherwise provided in this section, a 4 contractor or subcontractor engaged in vertical construction who 5 employs a worker on a public work pursuant to NRS 338.040 shall 6 use one or more apprentices for at least 10 percent of the total hours 7 of labor worked for each apprenticed craft or type of work to be 8 performed on the public work for which more than three workers are 9 employed. To the extent practicable, at least 2 percent of the hours 10 of labor that is required to be performed by apprentices must be 11 performed by women. For purposes of this subsection, “to the 12 extent practicable” means to the extent the requirement to have at 13 least 2 percent of the hours of labor to be performed by 14 apprentices who are women is feasible or capable of being done or 15 carried out with reasonable effort, taking into account the number 16 and availability of apprentices who are women in the applicable 17 apprenticed craft or type of work. 18 2. Notwithstanding any other provision of this chapter and 19 except as otherwise provided in this section, a contractor or 20 subcontractor engaged in horizontal construction who employs a 21 worker on a public work pursuant to NRS 338.040 shall use one or 22 more apprentices for at least 3 percent of the total hours of labor 23 worked for each apprenticed craft or type of work to be performed 24 on the public work for which more than three workers are 25 employed. To the extent practicable, at least 1 percent of the hours 26 of labor that is required to be performed by apprentices must be 27 performed by women. For purposes of this subsection, “to the 28 extent practicable” means to the extent the requirement to have at 29 least 3 percent of the hours of labor to be performed by 30 apprentices who are women is feasible or capable of being done or 31 carried out with reasonable effort, taking into account the number 32 and availability of apprentices who are women in the applicable 33 apprenticed craft or type of work. 34 3. On or after January 1, 2021, the Labor Commissioner, in 35 collaboration with the State Apprenticeship Council, may adopt 36 regulations to increase the percentage of total hours of labor 37 required to be performed by an apprentice pursuant to subsection 1 38 or 2 by not more than 2 percentage points. 39 4. An apprentice who graduates from an apprenticeship 40 program while employed on a public work shall: 41 – 3 – - *AB305_R2* (a) Be deemed an apprentice on the public work for the purposes 1 of subsections 1 and 2. 2 (b) Be deemed a journeyman for all other purposes, including, 3 without limitation, the payment of wages or the payment of wages 4 and benefits to a journeyman covered by a collective bargaining 5 agreement. 6 5. A contractor or subcontractor engaged on a public work is 7 not required to use an apprentice , regardless of gender, in a craft or 8 type of work performed in a jurisdiction recognized by the State 9 Apprenticeship Council as not having apprentices in that craft or 10 type of work. 11 6. A public body may, upon the request of a contractor or 12 subcontractor, submit a request to the Labor Commissioner to 13 modify or waive the percentage of hours of labor provided by one or 14 more apprentices required pursuant to subsection 1 or 2 for good 15 cause. A public body must submit such a request, before an 16 advertisement for bids has been placed, the opening of bids or the 17 award of a contract for a public work or after the public body has 18 commenced work on the public work. Such a request must include 19 any supporting documentation, including, without limitation, proof 20 of denial of or failure to approve a request for apprentices pursuant 21 to subparagraph (3) of paragraph (d) of subsection [10.] 11. 22 7. The Labor Commissioner shall issue a determination of 23 whether to grant a modification or waiver requested pursuant to 24 subsection 6 within 15 days after the receipt of such request. The 25 Labor Commissioner may grant such a request if he or she makes a 26 finding that there is good cause to modify or waive the percentage 27 of hours of labor provided by one or more apprentices required 28 pursuant to subsection 1 or 2. 29 8. A public body, contractor or subcontractor may request a 30 hearing on the determination of the Labor Commissioner within 10 31 days after receipt of the determination of the Labor Commissioner. 32 The hearing must be conducted in accordance with regulations 33 adopted by the Labor Commissioner. If the Labor Commissioner 34 does not receive a request for a hearing pursuant to this subsection, 35 the determination of the Labor Commissioner is a final decision for 36 the purposes of judicial review pursuant to chapter 233B of NRS. 37 9. A contractor or subcontractor engaged on a public work 38 shall enter into an apprenticeship agreement for all apprentices 39 required to be used in the construction of a public work. If the Labor 40 Commissioner granted a modification or waiver pursuant to 41 subsection 7 because the Labor Commissioner finds that a request 42 for apprentices was denied or the request was not approved within 5 43 business days as described in subparagraph (3) of paragraph (d) of 44 subsection [10] 11 and apprentices are later provided, then the 45 – 4 – - *AB305_R2* contractor or subcontractor shall enter into an apprenticeship 1 agreement for all apprentices later provided. 2 10. If a contractor or subcontractor does not meet the 3 requirements set forth in subsection 1 or 2, as applicable, to have a 4 percentage of the hours of labor performed by apprentices who are 5 women, there is a rebuttable presumption that there were not 6 enough apprentices who are women available to comply with such 7 requirements. If an apprenticeship program is unable to rebut the 8 presumption, the State Apprenticeship Council shall, at least once 9 every two years, require the apprenticeship program to appear 10 before the State Apprenticeship Council to review the policies of 11 the program to recruit women. The State Apprenticeship Council 12 may, without limitation, recommend improvements for recruiting 13 women to the apprenticeship program. 14 11. As used in this section: 15 (a) “Apprentice” means a person enrolled in an apprenticeship 16 program recognized by the State Apprenticeship Council. 17 (b) “Apprenticed craft or type of work” means a craft or type of 18 work for which there is an existing apprenticeship program 19 recognized by the State Apprenticeship Council. 20 (c) “Apprenticeship program” means an apprenticeship program 21 recognized by the State Apprenticeship Council. 22 (d) “Good cause” means: 23 (1) There are no apprentices available from an apprenticeship 24 program within the jurisdiction where the public work is to be 25 completed as recognized by the State Apprenticeship Council; 26 (2) The contractor or subcontractor is required to perform 27 uniquely complex or hazardous tasks on the public work that require 28 the skill and expertise of a greater percentage of journeymen; or 29 (3) The contractor or subcontractor has requested apprentices 30 from an apprenticeship program and the request has been denied or 31 the request has not been approved within 5 business days. 32  The term does not include the refusal of a contractor or 33 subcontractor to enter into an apprenticeship agreement pursuant to 34 subsection 9. 35 (e) “Journeyman” has the meaning ascribed to it in 36 NRS 624.260. 37 (f) “State Apprenticeship Council” means the State 38 Apprenticeship Council created by NRS 610.030. 39 Sec. 2. The amendatory provisions of this act do not apply to a 40 contract for a public work for which bids have been submitted 41 before January 1, 2024. 42 Sec. 3. This act becomes effective on January 1, 2024. 43 H