Court Strikes Down Apprenticeship Utilization Requirements on Public Construction Projects

Many public agencies throughout the country require that contractors on public construction projects use a certain percentage of apprentices on the projects.

Federal court rules against city program:  On July 16, 2014, a federal court in Boston struck down an apprenticeship utilization ordinance for the City of Quincy, Massachusetts, arguing that it violated federal law (ERISA).  The decision by the U.S. Court of Appeals for First Circuit will have impacts on similar apprenticeship programs in the states covered by the First Circuit court, including Massachusetts, Rhode Island, Maine, New Hampshire, and Puerto Rico. It may also, in time, have impacts on similar programs across the country.  Click here for a news article on the court decision.  Click here to read the full court decision.

Shortage of construction workers:  It's no secret that many older construction workers are reaching retirement age, and that young people are not flocking to fill the vacancies and anticipated vacancies in the years ahead.  Many argue that apprenticeship utilization requirements are necessary in order to attract young workers to enter the field.  It seems to me, however, that the solutions to the shortage of workers goes much deeper than simply requiring apprenticeship jobs on public construction projects.  That, in and of itself, will not be compelling to convince a young person to enter the field.  There are much deeper reasons why construction is not attractive to young people today.

Lawsuit brought by open shop contractors:  The City of Quincy's ordinance was challenged by a coalition of merit shop (non-union) contractors who argued that the requirement for utilization of apprentices enrolled in a state-approved apprenticeship training program effectively limited competition to union contractors.  Unions generally sponsor and have state approval for most construction training programs.  

Limited competition:  Ronald N. Cogliano, the president of the Merit Construction Alliance that brought the lawsuit stated that "When you artificially limit competition in any market, prices go up.  Fewer bidders means higher prices."

Importance of trained workforce:  There's no question that it is in everyone's best interest that the construction workforce be appropriately trained.  Apprenticeship training programs are often seen as a means to accomplish this.  

Conflicting policy objectives:  With a shrinking construction workforce and the need for a trained workforce, unions have been strong proponents of apprenticeship utilization requirements.  Such requirements, however, often restrict competition to union contractors who have access to union sponsored apprenticeship training programs.  Thus, there are conflicts between policy objectives of ensuring competition and having a trained workforce.  From my perspective, the public is best served when the procurement process is open, fair, and transparent.

Keep competition open:  Any solution to ensuring a trained and sufficient construction workforce must ensure that competition does not exclude non-union contractors from bidding.  Any time competition is restricted, whether it is for an apprenticeship program or a local preference program, it will ultimately result in higher prices to the public.  In promoting apprenticeship utilization requirements, union proponents should develop programs that ensure a trained workforce and do not restrict competition to union contractors only.  The union argument that non-union contractors may participate in the union apprenticeship programs is fraught with major challenges, and is not an acceptable option for many non-union contractors.  

Educate young people:  Perhaps the real solution is not to mandate utilization of apprentices on public projects, but to let the market dictate what workers are used, while at the same time endeavor to educate young people on the advantages of a pursuing a career in construction.  

Washington state:  In Washington state, RCW 39.04.320 requires that 15% of the workforce on public works projects estimated to cost $1 million or more be performed by apprentices enrolled in a state approved apprenticeship training program.  The state law only applies to the state Department of Transportation (WSDOT), institutions of higher eduction, the state Department of Enterprise Services (DES), and school districts.  Some cities and counties have voluntarily adopted apprenticeship utilization requirements on their public works projects.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

3 Upcoming Training Opportunities (Apprenticeship, Public Procurement, and BIM)

1.  Benefits of Apprenticeship for Contractors

When:  February 18, 2014 (3:00 p.m. to 5:00 p.m.) 

Where:  Everett, WA (Snohomish County Admin East Building, 3000 Rockefeller Ave)

Cost:  Free

Agenda: Informational session for contractors to learn about the benefits of apprenticeships offered through various state approved apprenticeship training programs including NW Laborers, NW Washington Electrical Industry JATC, and Construction Industry Training Council (CITC), and how apprentices through these programs can meet apprenticeship requirements for Snohomish County public works construction projects. In addition to representatives of these three programs, a representative from the Department of Lab or and Industries will also speak.

Sponsored by:  Snohomish County 

Information and registration:  Contact Jennifer Koontz at (425) 388-3344 or by email at jennifer.koontz@snoco.org.

*********************************************

2.  Introduction to Public Procurement

When:  March 5 - 7 2014 (8:00 a.m. to 5:00 p.m.) 

Where:  Everett, WA (Community Transit, 2312 West Casino Road) 

Cost:  

• $660 for NIGP members
• $860 for non-NIGP members 

Agenda:  

• Day 1
• Pre-test
• History and Value
• Private and Public Purchasing Organizations
• Differences
• Similarities
• Purchasing Cycle

• Day 2
• Legal Issues
• Ethics/Professionalism
• Contract Administration
• Organizational Structure
• Roles
• Centralized vs. Decentralized

• Day 3
• Planning
• Specifications
• Market Conditions
• Socio-Economic Factors
• Technology
• Federal
• Post-Test 

Sponsored by:  NIGP, Washington State Chapter 

Information and registration:  Click here. 

********************************************* 

 3.  Building Information Modeling (BIM): New Technology in Construction

When:  March 26, 2014 (1:00 p.m. to 5:00 p.m.) 

Where:  Seattle, WA (City University, 521 Wall Street) 

Cost:  

• $295
• $245 for Government Employees
• Other rates also available 

Agenda:  

• Introduction: Why BIM - Why Now? (Brendan J. Peters, Perkins Coie LLP)

• The Past and Future of BIM (Dennis Neeley, Neeley Consulting)

• The Legal Side of BIM (Brendan J. Peters, Perkins Coie LLP)

• Managing BIM and the BIM Execution Plan (Christopher Hubbard, Quarry Group)

• BIM from the Owner's Contractor's and Design Professional's Perspective (Andrew L. Greene, Perkins Coie LLP; David de Yarza, BNBuilders; James Hansen, Bethel School District; Jason Limp, BNBuilders, Jay Martin, Miller Hull)

• BIM Coordination and Integrated Project Delivery (IPD) (Tim Luke, Basepin; Jim Stoner, Hainline & Associates)

• BIM and Dispute Resolution (Christopher Nutter, Navigant Consulting) 

Sponsored by:  The Seminar Group 

Information and registration:  Click here.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

More Public Contracting Bills Introduced in Washington Legislature

In addition to the bills I commented on in my previous blog from January 21, 2014, the following additional bills impacting public contracting in the State of Washington have been introduced to the Legislature:

Exempt Proposals from Public Records Disclosure:  A bill (House Bill 2578) introduced to the Washington State Legislature would exempt from public records disclosure the proposals submitted by contractors for alternative public works delivery methods (Design-Build, GC/CM, and Job Order Contracting) and related evaluation documents until after a contract is executed or the selection process is terminated. 

Expand Prevailing Wages to Public-Private Partnerships:  Substitute House Bill 1025S would create a new definition of a "subsidized public works" project and would require that prevailing wages be paid on such projects.  Similar bills have been introduced in past years, but have not been successful.  Adoption of this bill would have the impact of limiting the number of public-private partnership projects constructed.  See my previous blog on legislation introduced in earlier years. 

Expand Apprenticeship Utilization Requirements:  House Bill 2526 would establish penalties for contractors failing to comply with the apprenticeship utilization requirements of RCW 39.04.320 for public works projects of the State Department of Enterprise Services, the State Department of Transportation, institutions of higher education, and all school districts.  The bill would also significantly expand requirements for use of apprentices on all public works projects of the state and all municipalities.  Here is a summary of the provisions of this bill:

• Debarment:  HB 2526 would add to the list of reasons for contractor debarment the failure of the contractor to comply with the apprenticeship utilization percentages required by RCW 39.04.320.

• Bidder Responsibility:  HB 2526 would also add to the list of mandatory bidder responsibility criteria in RCW 39.04.350 the failure of the contractor to meet apprenticeship percentage utilization requirements under RCW 39.04.320.

• State Monitoring of Compliance:  The State Department of Enterprise Services would be required to maintain on its website a list of contractors that failed to meet apprenticeship percentage utilization requirements on public works projects.

• Bid Preference for Contractors with Apprenticeship Programs: HB 2526 would provide a 5% bid preference to be used in bid evaluation for contractors with a registered apprenticeship training program approved by the Department of Labor and Industries for trades to be used on the public works project.

• Expand Apprenticeship Utilization Requirements for all Public Agencies: HB 2526 would require that "the bidder must be a party to an apprenticeship agreement for each trade it is employing that has a registered apprenticeship training program" if the "bidder will employ more than one trade on the public work."  This provision appears to have the impact of requiring apprentice utilization for all municipalities, and not just those agencies named in RCW 39.04.320.

Permit Electronic Public Works Bidding for State Agencies:  Substitute House Bill 1841 would permit state agencies to conduct competitive bidding for public works projects electronically or accept electronic signatures as part of the bidding process.

Permit Fire Districts to Perform Public Works Without Bidding:  House Bill 2266 would permit a fire department or regional fire authority to "use fire service personnel, either employed or volunteer, to perform" public works projects less than $20,000 without obtaining competitive bids.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Free Prevailing Wage Training

Awarding Agency Prevailing Wage Workshops

Sponsored by:  Department of Labor and Industries and State Auditor's Office

Cost:  Free

Classroom Training Dates and Locations: (Basic Training from 9:00 a.m. to 11:30 a.m.; Advanced Training from 1:00 p.m. to 3:30 p.m.)

• August 13, 2013 (Yakima, WA)
• August 15, 2013 (Tumwater, WA)
• September 6, 2013 (Lynnwood, WA)

Webinar Training Dates:  (Basic Training from 8:30 a.m. to 11:30 a.m.; Advanced Training from 1:00 p.m. to 4:00 p.m.)

• August 20, 2013
• August 22, 2013

Information and registration:  Click here.

Mike Purdy's Public Contracting Blog 
© 2013 by Michael E. Purdy Associates, LLC 
http://PublicContracting.blogspot.com

Bidder Responsibility Controversy in Ohio

The Cincinnati City Council recently passed a "responsible bidder" ordinance that requires contractors on public works construction projects to have an apprenticeship program for workers that has graduated at least one apprentice in each of the last five years.  

Impact of ordinance:  Without meeting the apprenticeship and other requirements, a low bidder with a responsive bid would be determined not to be a responsible bidder, and would not be awarded the project.

City and County clash:  The new law has sparked a political conflict between the City of Cincinnati and Hamilton County.  The County's Commissioners voted to suspend up to $3.2 billion of capital sewer upgrade projects for the Metropolitan Sewer District of Great Cincinnati - owned by the County but operated by the City - until the City Council repeals the new bidder responsibility law. 

Will it limit the bidding pool?  Critics of the new ordinance note that the law will limit the bidding pool and eliminate non-union contractors from bidding public works, since many of them will not be able to meet the apprenticeship standard - something that generally only union contractors could comply with.  

Should apprenticeship use be required?  Many public agencies throughout the country have requirements mandating use of apprentices on public works construction projects.  Proponents of such requirements, typically labor unions, argue that there is a need for trained and qualified construction workers in the future as an aging workforce retires.  Opponents of such laws, typically non-union contractors, view efforts to mandate use of apprentices as an attempt by union contractors to limit competition on public projects to only union contractors, since unions typically sponsor most approved apprenticeship training programs.

More information:

• Click here for a May 22, 2013 article from the Business Courier on the new Cincinnatti law: "County, city quarrel over project bidding requirements," by Chris Wetterich

• Click here for RCW 39.04.320, Washington state's law requiring use of apprentices on public works of $1 million or more of the state, all school districts, and all institutions of higher education.

Mike Purdy's Public Contracting Blog 
© 2013 by Michael E. Purdy Associates, LLC 
http://PublicContracting.blogspot.com

4 Contracting Controversies from Around the Country

Illinois Opposition to Apprenticeship Legislation:  The Kendall County Board in Illinois voted  to oppose a proposed bill in the legislature that would amend the state's prevailing wage laws to require public works contractors to participate in apprenticeship programs for their workers.  House Bill 924 would require the use of apprentices on public work projects, even those funded only with local money.  The Board's letter of opposition states in part that 

"The result of the bill would be to exclude smaller contractors from bidding on public works projects.  This exclusion favors larger contractors, reduces competition, and drives up project costs for local taxpayers.  While the bill would reduce competition among contractors in many cities and counties, it is smaller communities that would be most impacted.  Smaller communities have fewer local contractors from which to accept bids."

Click here to read a news article about the County's opposition to the legislation.

New Jersey Specifications Challenged as Too Specific:  A New Jersey truck dealer is challenging the detailed specifications put out to bid by Monmouth County, alleging that the specifications limit the bidding pool. "They try to write a specification so they get the product they want, not necessarily always the best product," said John Schwartz.   The County has responded by noting that they specify "equipment based on its particular needs."  The dispute raises an important tension between specifications that meets a public agency's operational needs and specifications that limit competition and direct work to one or two businesses.  Click here to read a news article about the controversy.

California Wrestles with a Bid That is Too Low:  The City Council for the City of Coronado, California recently awarded the Glorietta Bay Pump Station project to the low bidder, despite concerns raised by a council member that the bid was too low and would result in change orders.  Council member Barbara Denny noted that the low bid of $49,100 was almost $100,000 lower than the second lowest bid of $145,398.  Seven bidders bid the project.  The Council discussion centered around what the "lowest responsible bidder" means and the authority of the city to issue change orders.  Click here to read the Council minutes from April 2, 2013.  If a low bidder with an unreasonably low bid insists they can perform the project for the bid price, must a public agency award the bid to them?  It's a good question, and one I'll address in a future blog posting.

Kentucky Violates Competitive Bidding Requirements:  The board for the Madisonville Public Library in Hopkins County, Kentucky awarded contracts for library renovations over their bid limit of $20,000 without publicly soliciting competitive bids as required.  The original project cost was apparently under the threshold, and when the estimated cost increased, the board didn't consider competitive bidding.  Click here for a news article about the situation.

Mike Purdy's Public Contracting Blog 
© 2013 by Michael E. Purdy Associates, LLC 
http://PublicContracting.blogspot.com

Proposed Public Works Related Legislation

The Washington State Legislature convened on Monday, January 14, 2013 for this year's legislative session which is scheduled to end on April 28, 2013.  Already, there have been a number of bills introduced affecting public works contracting.  

Search for bills introduced:  Click here for the Legislature's website on how to search for bills introduced and to track their history.

Here's a brief summary of just some of the public works related bills:

Applying prevailing wages to public-private partnerships:  House Bill 1025 would extend the application of prevailing wages to "all publicly subsidized work, construction, alterations, repairs, or improvements other than ordinary maintenance."  The bill goes on to specify that work is considered subsidized by the public if any of the following applies:

• One or more parties to the contract received or will receive a qualifying tax preference
• One or more parties to the contract received or will receive a loan from the state or any county, municipality, or political subdivision
• The work occurs on land that a party to the contract leases from the state or or any county, municipality, or political subdivision
• The work occurs on land that a party to the contract purchased from the state or any county, municipality, or political subdivision for less than fair market value as determined by the state, county, municipality, or political subdivision at the time of the sale.

HB 1025 is very similar to HB 1992 that was considered, but not approved by the Legislature in 2009

Requiring use of 75% Washington residents on public works projects:  House Bill 1026 would require all public agencies to include a specification provision in their public works contracts requiring that 75% of the labor hours performed on the project be done with Washington residents.  There are provisions that residents in bordering states may be considered Washington residents in certain cases and a provision for seeking a waiver of the requirement from the Department of Labor and Industries.  In 1992, the Washington State Supreme Court declared that chapter 39.16 RCW, which was a Washington resident hiring law, was unconstitutional and violated the phe privileges and immunities clause of the U.S. Constitution, Article IV, Section 2.  Click here to read a previous blog entry of mine on the subject.  HB 1026 would also apply prevailing wages to work subsidized by the public, very similar to HB 1025 above, but with slightly different provisions.

Requiring use of apprentices on publicly subsidized projects:  Similar to how HB 1025 and HB 1026 would require prevailing wages on publicly subsidized projects that do not currently meet the definition of public works, House Bill 1023 would apply the requirement to use a certain percentage of state registered apprentices on publicly subsidized projects.

Extending and modifying alternative public works contracting procedures:  The Capital Projects Advisory Review Board (CPARB) has been studying the three alternative public works contracting procedures of Design-Build, GC/CM (General Contractor/Construction Manager), and Job Order Contracting to make recommendations to the Legislature to reauthorize chapter 39.10 RCW before it sunsets in June of this year.  A bill will be introduced on this subject that does not yet appear to be included in the state's search database of new legislation.

Mike Purdy's Public Contracting Blog 
© 2013 by Michael E. Purdy Associates, LLC 
http://PublicContracting.blogspot.com

New Apprenticeship Compliance Regulations Adopted

The Washington State Department of Labor and Industries adopted new regulations at the end of 2011 establishing a process for investigating contractor violations of apprenticeship program standards relating to the ratio, supervision, or approved work processes.

Applicability:  The new regulations in WAC 296-05-015 were adopted on December 31, 2011.  They apply to the compliance requirements of RCW 39.04.350 (for bidder responsibility) and RCW 39.12.055 (for debarment).

Bidder Responsibility:  One of the mandatory bidder responsibility criteria of RCW 39.04.350 for public works projects applies only to the following agencies who are subject to the apprenticeship requirements of RCW 39.04.320 on public works projects:

• State Department of Enterprise Services (formerly General Administration or GA)
• Washington State Department of Transportation (WSDOT)
• Institutions of higher education
• All school districts

RCW 39.04.350 (1)(e) states that a bidder on a project for one of the above-named agencies will be found to not be a responsible bidder if they been 

"...found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation."

Debarment:  Separate from the mandatory bidder responsibility requirement above, RCW 39.12.055, which is part of the prevailing wage law, states the conditions under which a contractor may be debarred for a one year period of time.  One of the three violations that may subject a contractor to debarment relates to a determination by the Washington State Apprenticeship and Training Council that the contractor is out of compliance

"...for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW."

Nature of Apprenticeship Violations:  Under both the bidder responsibility and debarment laws noted above, the violations of apprenticeship standards relate to:

• Working apprentices out of ratio: Each separate apprenticeship program approved by the Department of Labor and Industries has an approved ratio of how many apprentices may work at any given time on a project based on the number of journey-level workers present.  For example, if the program standards require that there be no more than one apprentice for every two journey-level workers, but the contractor has two or more apprentices working with a crew of two journey-level workers, the contractor would be out of compliance with the ratio.

• Working without appropriate supervision:  Program standards for each apprenticeship program require certain levels of supervision for apprentices.  At its extreme, for example, if an apprentice was working alone on a project without any supervision, that would be a violation of the supervisory standards, and probably the ratio standards as well.

• Working outside approved work processes:  Apprentices for a particular trade may perform duties related to that particular trade as defined in the program standards of the Department of Labor and Industries and the prevailing wage work classifications.  Performing work outside of what an apprentice is authorized to work on would be a violation of the apprenticeship standards.

Due Process:  The new regulations in WAC 296-05-015 describe the due process requirements of the Washington State Apprenticeship and Training Council in investigating allegations and making findings that a contractor is out of compliance with apprenticeship standards.

Public Notice:  The new WAC states that a list of those found out of compliance will be made "available to the public upon request."  Presumably, and hopefully this means that the Department of Labor and Industries will, for debarment purposes, include such violations on their existing online debarment list for violations of prevailing wage, workers compensation, and contractor registration requirements.  The new WAC, however, is not clear on this point.

Mike Purdy's Public Contracting Blog 

© 2012 by Michael E. Purdy Associates, LLC 

http://PublicContracting.blogspot.com

Pennsylvania Town Reverses Public Works Apprenticeship Requirements

The Plymouth Township Council voted on January 23, 2012 to repeal its previously adopted "responsible bidding" ordinance that required all public works exceeding $25,000 be performed only by contractors with an approved apprenticeship program.

Quality of Work or Union Favoritism?  The Pennsylvania town originally had approved the ordinance to help ensure qualified workers on public projects.  Some, however, charged that the requirements, favored union contractors.  With the Council now controlled by Republicans, the ordinance adopted when Democrats had a Council majority, was repealed.  

Project Delays:  Council Chairman Sheldon Simpson, speaking in favor of the repeal noted that "We've heard people testify that they cannot get an apprenticeship unless they are in a union.  And now, we can't wait more than 30 days, in order to keep the project rolling."

More Information:   

• Click here to read a news article from The Times Herald on the repeal of the apprenticeship requirement.

• Click here to read the minutes of the Council meeting from July 12, 2010 when the original ordinance was adopted.  These minutes include comments from the public who testified about the ordinance.

Washington State Apprenticeship Requirements:  In Washington state, RCW 39.04.320 requires that certain public agencies must require contractors to use 15% of the labor hours on public works projects over $1 million with apprentices enrolled in a state approved apprenticeship training program.  The agencies under this requirement are

• State Department of Enterprise Services (formerly General Administration)
• Washington State Department of Transportation (WSDOT)
• All school districts
• All institutions of higher education

Mike Purdy's Public Contracting Blog 

© 2012 by Michael E. Purdy Associates, LLC 

http://PublicContracting.blogspot.com

Apprenticeship Conference in Tacoma

The Pacific Northwest Apprenticeship Education Conference will be held in Tacoma, Washington on May 19 and 20, 2010.

The event is sponsored by a number of organizations including the following:

• Washington State Department of Labor and Industries
• U.S. Department of Labor - Office of Apprenticeship
• Washington State Apprenticeship Training Council
• Washington State Employment Security Department
• Statewide IBEW/NECA Labor Management Cooperative Committee
• Construction Center of Excellence - Renton Technical College
• Construction Industry Training Council of Washington (CITC)
• Many others.  Click here for a complete list of members of the steering committee

The conference will include both general sessions and breakout sessions.  Confirmed speakers for the general sessions include:

• Chris Gregoire, Governor of the State of Washington
• Adam Smith, U.S. Congressman, 9th District, Washington
• Dr. Robert Lerman, first Senior Fellow for Labor and Social Policy of the Urban Institute, and American University Economics Professor

Cost:  

• $175 (for individuals or groups of 4 or less people)
• $150 (groups of 5 or more people)

For more information and to register, click here.

Governor Gregoire Signs 6 Bills

Steve Goldblatt, recently retired, longtime University of Washington Construction Management faculty member specializing in design and construction law, has been covering the legislative scene in Olympia for more than 25 years.

In this guest blog entry, Steve summarizes six bills that passed the Legislature and have been signed by Governor Chris Gregoire.

Underground Economy Subpoenas: SHB 2789 (Chapter 22, 2010 Laws) authorizes subpoenas for investigations of underground economic activities by Labor and Industries (RCW 51.04.040), Employment Security (RCW 50.12.130), and Revenue (Chapter 82.32 RCW) effective June 10, 2010.

Electrical Trainee Classroom Training: SHB 2546 (Chapter 33, 2010 Laws) requires electrical apprentices and trainees to take 48 hours of approved classroom training biennially (RCW 19.28.161) effective July 1, 2011.

L&I Electrical Subpoenas: SHB 2555 (Chapter 55, 2010 Laws) authorizes Labor and Industries to issue subpoenas to enforce Chapter 19.28 RCW effective June 10, 2010.

Higher Ed Group Purchasing: HB 2858 (Chapter 61, 2010 Laws) authorizes institutions of higher education to participate in group purchasing agreements (RCW 28B.10.029) effective June 10, 2010.

Architects: ESSB 5529 (Chapter 129, 2010 Laws) updates the Architects Act (Chapter 18.08 RCW) for the first time since 1985 to reflect modern practices by modifying applicants' requirements, exam procedures, practice exemptions, professional development, business entity registration, and out-of-state firm requirements effective June 10, 2010, July 1, 2011, and July 1, 2012.

GC/CM Subcontractor Selection: SB 6401 (Chapter 163, 2010 Laws) authorizes an alternative selection method for electrical and mechanical subcontractors on general contractor/construction manager projects (Chapter RCW 39.10) effective June 10, 2010.

Legislative Hearings for the Week of Feb. 22, 2010

Steve Goldblatt, recently retired, longtime University of Washington Construction Management faculty member specializing in design and construction law, has been covering the legislative scene in Olympia for more than 25 years.

I've invited Steve to contribute a series of guest blog posts on bills under consideration in the Washington State Legislature relating to public works and contracting, architects/engineers, and contractors. 

In this entry, Steve summarizes bills that will receive a hearing in Olympia for the week of February 22, 2010, and which have all passed at least one house this year.

Wastewater Treatment Systems Designers: SHB 2589 would modify licensing provisions for on-site wastewater treatment systems designers (Chapter 18.210 RCW), including experience and experience verification requirements. This substitute bill passed out of the House two weeks ago, 95-2. Hearing on Monday, February 22, 2010, at 10:00 a.m. in the Senate Committee on Labor and Commerce and Consumer Protection.

Electrical Trainee Classroom Training: SHB 2546 would require electrical apprentices and trainees to take 48 hours of approved classroom training biennially (RCW 19.28.161). This substitute bill passed out of the House two weeks ago, 58-37. Hearing on Tuesday, February 23, 2010, at 1:30 p.m. in the Senate Committee on Labor and Commerce and Consumer Protection.

L&I Electrical Subpoenas: SHB 2555 would authorize Labor and Industries to issue subpoenas to enforce Chapter 19.28 RCW. This substitute bill passed out of the House two weeks ago, 96-0. Hearing on Tuesday, February 23, 2010, at 1:30 p.m. in the Senate Committee on Labor and Commerce and Consumer Protection.

Underground Economy Subpoenas: SHB 2789 would authorize subpoenas for investigations of underground economic activities by Labor and Industries (RCW 51.04.040), Employment Security (RCW 50.12.130), and Revenue (Chapter 82.32 RCW). This substitute bill passed out of the House a week ago, 98-0. Hearing on Tuesday, February 23, 2010, at 1:30 p.m. in the Senate Committee on Labor and Commerce and Consumer Protection.

Off-Site Prefabrication: EHB 2805 would require—on public works projects estimated to cost over $1 million—contractors to submit lists of specified information regarding certain prefabricated items produced outside WA to the awarding agency and General Administration  (Chapter 39.04 RCW). This engrossed bill passed out of the House a week ago, 54-43, after a striking amendment removed the requirement to submit certified payroll records, the prevailing wage penalties, and the enforcement authority of Labor and Industries. The more prescriptive version of the bill (EHB 1836) was defeated in the Senate last session when it failed to receive the necessary majority by a single vote. Hearing on Tuesday, February 23, 2010, at 1:30 p.m. in the Senate Committee on Labor and Commerce and Consumer Protection.

Capital Assets Inventory: HB 2848 would repeal the requirement (RCW 36.32.210) for county commissioners to annually submit an inventory of all capitalized assets to the county auditor. This bill passed out of the House two weeks ago, 96-0. Hearing on Thursday, February 25, 2010, at 1:30 p.m. in the Senate Committee on Government Operations and Elections.

Training on Apprenticeship Utilization Requirements

I provided training on Tuesday, January 19, 2010 for a number of school districts on the apprenticeship utilization requirements on pubic works projects, as required by RCW 39.04.320. 

The training was sponsored by the Washington Association of School Business Officials (WASBO) and was held in at the Edmonds School District offices with a number of other school districts participating in the training through teleconferencing technology.

RCW 39.04.320 affects all school districts in the State of Washington, the Washington Department of Transportation (WSDOT), the Department of General Administration, and all institutions of higher education in the state, and requires, when fully implemented, that 15% of all labor hours on a public works project estimated to cost $1 million or more be performed by apprentices enrolled in a state approved apprenticeship and training program. 

Washington State Legislative Hearings - Week of January 18, 2010

Steve Goldblatt, recently retired, longtime University of Washington Construction Management faculty member specializing in design and construction law, has been covering the legislative scene in Olympia for more than 25 years.

I've invited Steve to contribute guest blog posts on bills under consideration in the Washington State Legislature relating to public works and contracting, architects/engineers, and contractors. 

In this entry, Steve summarizes a number of bills that will receive a hearing in Olympia for the week of January 18, 2010.

• CPARB Membership: HB 2575 would add a regional transit authority representative to the Capital Projects Advisory Review Board (RCW 39.10.220). Hearing on Tuesday, January 19, 2010, at 1:30 p.m. in the House State Government and Tribal Affairs Committee.

• Board and Commission Elimination: HB 2617 would eliminate dozens of boards and commissions, including the Capital Projects Advisory Review Board (RCW 39.10.220) and the Capitol Campus Design Advisory Committee (RCW 43.34.080). Hearing on Thursday, January 21, 2010, at 8:00 a.m. in the House State Government and Tribal Affairs Committee.

• Building Code Council: HB 2775 would make gubernatorial appointments to the State Building Code Council subject to Senate confirmation (RCW 19.27.070). Hearing on Thursday, January 21, 2010, at 8:00 a.m. in the House State Government and Tribal Affairs Committee.
  
  
• Electrical Trainee Classroom Training: HB 2546 would require electrical apprentices and trainees to take 48 hours of approved classroom training biennially (RCW 19.28.161). Hearing on Friday, January 22, 2010, at 8:00 a.m. in the House Commerce and Labor Committee.

• Labor and Industries Electrical Subpoenas: HB 2555 would authorize Labor and Industries to issue subpoenas to enforce Chapter 19.28 RCW. Hearing on Friday, January 22, 2010, at 8:00 a.m. in the House Commerce and Labor Committee.

• Prevailing Wages: HB 1992 would apply prevailing wage requirements (RCW 39.12.020) to construction projects that involve tax incentives, loans provided by a public entity, or public land or property that is sold or leased. This bill didn't come to a vote in committee last session. Hearing on Friday, January 22, 2010, at 8:00 a.m. in the House Commerce and Labor Committee.

• Contractor Registration: HB 2826 would alter penalty reduction conditions by Labor and Industries for first-time contractor registration offenders (RCW 18.27.340). Hearing on Friday, January 22, 2010, at 8:00 a.m. in the House Commerce and Labor Committee.

• Underground Economy Subpoenas: HB 2789 would authorize subpoenas for investigations of underground economic activities by Labor and Industries (RCW 51.04.040), Employment Security (RCW 50.12.130), and Revenue (Chapter 82.32 RCW). Hearing on Friday, January 22, 2010, at 8:00 a.m. in the House Commerce and Labor Committee.
  
  
• Small Business Compliance: HB 2603 would provide businesses with no more than 250 employees a copy of any state law or agency rule violation and 48-hours' opportunity to correct the violation (Chapter 34.05 RCW). Hearing on Friday, January 22, 2010, at 1:30 p.m. in the House State Government and Tribal Affairs Committee.
  
  
• GC/CM Subcontractor Selection: HB 2675 would authorize an alternative selection method for electrical and mechanical subcontractors on general contractor/construction manager projects (Chapter RCW 39.10). Hearing on Friday, January 22, 2010, at 1:30 p.m. in the House State Government and Tribal Affairs Committee.