SB443 - Revises provisions relating to public works. (BDR 28-1112)

- 83rd Session (2025) Senate Bill No. 443–Committee on Growth and Infrastructure CHAPTER.......... AN ACT relating to public works; providing a declaration of legislative intent regarding the payment of prevailing wages to workers employed by a contractor or subcontractor to perform construction work on certain projects awarded by a public utility; requiring, with certain exceptions, a contractor or subcontractor who is awarded a contract for construction work on certain projects by a public utility to comply with prevailing wage provisions applicable to public works when the construction work does not qualify as a public work; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth general provisions applicable to public works, including provisions requiring, with certain exceptions, the payment of prevailing wages for public works projects. (NRS 338.013-338.090) Section 2 of this bill makes certain declarations of legislative intent relating to the payment of prevailing wages to workers employed by a contractor or subcontractor to perform construction work on a significant operational or capital requirement project awarded by a public utility. Section 3 of this bill requires, with certain exceptions, a contractor or subcontractor who is awarded a contract for construction work on a significant operational or capital requirement project by a public utility to comply with prevailing wage provisions applicable to public works when the construction work does not qualify as a public work. Section 3 also defines “electric utility,” “public utility” and “significant operational or capital requirement project” for the purposes of that section. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act. Sec. 2. The Legislature hereby finds and declares that the payment of prevailing wages to workers employed by a contractor or subcontractor to perform construction work on a significant operational or capital requirement project awarded by a public utility is essential to: 1. Increasing the number of skilled construction workers in this State; 2. Ensuring the highest quality of work on such projects; – 2 – - 83rd Session (2025) 3. Ensuring the safe and timely completion of such projects; 4. Ensuring that the residents of this State have access to safe, reliable and affordable energy resources; and 5. Enhancing public safety. Sec. 3. 1. Except as otherwise provided in subsection 2, the provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for construction work awarded by a public utility to a contractor or subcontractor on a significant operational or capital requirement project when the construction work does not qualify as a public work as defined in NRS 338.010. 2. The provisions of subsection 1 do not apply to a contract awarded by an electric utility where the primary construction work will be performed by a contractor with: (a) A collective bargaining agreement; (b) A project labor agreement; or (c) A worksite agreement that provides for the construction of a significant operational or capital requirement project, or for the maintenance of, or other ongoing work to be performed upon completion of, a significant operational or capital requirement project. 3. As used in this section: (a) “Electric utility” has the meaning ascribed to it in NRS 704.7571. (b) “Public utility” means a utility that purchases natural gas for retail or an electric utility. (c) “Significant operational or capital requirement project” means: (1) The replacement of a natural gas pipeline approved in a plan submitted pursuant to NRS 704.991; or (2) The construction of a new generation electric utility facility of not less than 50 megawatts and that is approved in a plan submitted pursuant to NRS 704.741. Sec. 4. The provisions of section 3 of this act do not apply to any contract entered into before October 1, 2025. 20 ~~~~~ 25