HB1849: Apprenticeship training programs; DOLI, DGS, et al., shall review availability of programs.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act related to apprenticeship training programs; report.
[H 1849]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. § 1. The Virginia Board of Workforce Development (the Board), the Department of Labor and Industry (DOLI), and the Department of General Services (DGS) shall review the availability of registered apprenticeship programs in the Commonwealth, and evaluate the capacity to build a program that would require contractors engaged in construction contracts with public bodies to participate in apprenticeship training programs for each trade or classification of employees engaged in the construction contract. Additionally, the Board, DOLI, and DGS shall evaluate whether a requirement to limit public procurements to bidders with registered apprenticeship programs would assist the construction industry in meeting its workforce needs. In reviewing these issues, the Board, DOLI, and DGS may consider and evaluate additional workforce models to help the construction industry develop and meet its workforce needs.

§ 2. In carrying out its responsibilities pursuant to § 1, the Board, DOLI, and DGS may convene a stakeholder advisory group. Such group shall include, at a minimum, representatives from the following: the Virginia State Building and Construction Trades Council, the Alliance for Construction Excellence, and the Joint Apprenticeship Training Council. The advisory group shall also include representatives of career and technical educators, the labor workforce, and small state contractors.

§ 3. The Board, DOLI, and DGS shall complete its review and complete any advisory group meetings by September 1, 2021, and shall submit to the Governor and the General Assembly an executive summary and a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports no later than December 1, 2021.


HOUSE BILL NO. 1849
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Appropriations
on February 1, 2021)
(Patron Prior to Substitute--Delegate Simonds)
A BILL related to apprenticeship training programs; report.

Be it enacted by the General Assembly of Virginia:

1. § 1. The Virginia Board of Workforce Development (the Board), the Department of Labor and Industry (DOLI), and the Department of General Services (DGS) shall review the availability of registered apprenticeship programs in the Commonwealth, and evaluate the capacity to build a program that would require contractors engaged in construction contracts with public bodies to participate in apprenticeship training programs for each trade or classification of employees engaged in the construction contract. Additionally, the Board, DOLI, and DGS shall evaluate whether a requirement to limit public procurements to bidders with registered apprenticeship programs would assist the construction industry in meeting its workforce needs. In reviewing these issues, the Board, DOLI, and DGS may consider and evaluate additional workforce models to help the construction industry develop and meet its workforce needs.

§ 2. In carrying out its responsibilities pursuant to § 1, the Board, DOLI, and DGS may convene a stakeholder advisory group. Such group shall include, at a minimum, representatives from the following: the Virginia State Building and Construction Trades Council, the Alliance for Construction Excellence, and the Joint Apprenticeship Training Council. The advisory group shall also include representatives of career and technical educators, the labor workforce, and small state contractors.

§ 3. The Board, DOLI, and DGS shall complete its review and complete any advisory group meetings by September 1, 2021, and shall submit to the Governor and the General Assembly an executive summary and a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports no later than December 1, 2021.

HOUSE BILL NO. 1849

Offered January 13, 2021
Prefiled January 7, 2021
A BILL to amend the Code of Virginia by adding a section numbered 2.2-4312.1, relating to the Virginia Public Procurement Act; participation in apprenticeship training programs; required contract provisions.
Patron-- Simonds

Referred to Committee on General Laws

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-4312.1 as follows:

§ 2.2-4312.1. Participation in apprenticeship training programs; required contract provisions.

A. All public bodies shall include in every contract for construction over $250,000 the following provisions:

1. During the performance of this contract, the contractor agrees to participate in an apprenticeship training program for each separate trade or classification program in which it employs construction employees.

Such program shall (i) be registered with the U.S. Department of Labor pursuant to 29 C.F.R. 29 or the state Apprenticeship Council pursuant to Chapter 6 (§ 40.1-117 et seq.) of Title 40.1 and (ii) have graduated apprentices to journeyman status for at least three of the past five years. Such program may be paid for directly by the contractor or through specifically allocated funds regulated by the Employee Retirement Income Security Act of 1974 (P.L. 93-406, 88 Stat. 829).

2. The contractor shall include the provisions of subdivision 1 in every subcontract over $50,000 so that such provisions will be binding upon each subcontractor.

B. Upon request by the public body, each contractor or subcontractor subject to the provisions of this section shall provide the public body with documentation demonstrating such contractor or subcontractor's compliance with such required contract provisions.