(1)(a) Except as provided in (b) and (c) of
this subsection, from January 1, 2005, and thereafter, for all
public works estimated to cost one million dollars or more, all
specifications shall require that no less than fifteen percent of
the labor hours be performed by apprentices.
(b)(i) This section does not apply to contracts advertised
for bid before July 1, 2007, for any public works by the
department of transportation.
(ii) For contracts advertised for bid on or after July 1,
2007, and before July 1, 2008, for all public works by the
department of transportation estimated to cost five million
dollars or more, all specifications shall require that no less
than ten percent of the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after July 1,
2008, and before July 1, 2009, for all public works by the
department of transportation estimated to cost three million
dollars or more, all specifications shall require that no less
than twelve percent of the labor hours be performed by
apprentices.
(iv) For contracts advertised for bid on or after July 1,
2009, for all public works by the department of transportation
estimated to cost two million dollars or more, all specifications
shall require that no less than fifteen percent of the labor
hours be performed by apprentices.
(c)(i) This section does not apply to contracts advertised
for bid before January 1, 2008, for any public works by a school
district, or to any project funded in whole or in part by bond
issues approved before July 1, 2007.
(ii) For contracts advertised for bid on or after January 1,
2008, for all public works by a school district estimated to cost
three million dollars or more, all specifications shall require
that no less than ten percent of the labor hours be performed by
apprentices.
(iii) For contracts advertised for bid on or after January
1, 2009, for all public works by a school district estimated to
cost two million dollars or more, all specifications shall
require that no less than twelve percent of the labor hours be
performed by apprentices.
(iv) For contracts advertised for bid on or after January 1,
2010, for all public works by a school district estimated to cost
one million dollars or more, all specifications shall require
that no less than fifteen percent of the labor hours be performed
by apprentices.
(2) Awarding agency directors or school districts may adjust
the requirements of this section for a specific project for the
following reasons:
(a) The demonstrated lack of availability of apprentices in
specific geographic areas;
(b) A disproportionately high ratio of material costs to
labor hours, which does not make feasible the required minimum
levels of apprentice participation;
(c) Participating contractors have demonstrated a good faith
effort to comply with the requirements of RCW 39.04.300 and 39.04.310 and this section; or
(d) Other criteria the awarding agency director or school
district deems appropriate, which are subject to review by the
office of the governor.
(3) The secretary of the department of transportation shall
adjust the requirements of this section for a specific project
for the following reasons:
(a) The demonstrated lack of availability of apprentices in
specific geographic areas; or
(b) A disproportionately high ratio of material costs to
labor hours, which does not make feasible the required minimum
levels of apprentice participation.
(4) This section applies to public works contracts awarded
by the state and to public works contracts awarded by school
districts. However, this section does not apply to contracts
awarded by state four-year institutions of higher education or
state agencies headed by a separately elected public official.
(5)(a) The department of general administration must provide
information and technical assistance to affected agencies and
collect the following data from affected agencies for each
project covered by this section:
(i) The name of each apprentice and apprentice registration
number;
(ii) The name of each project;
(iii) The dollar value of each project;
(iv) The date of the contractor's notice to proceed;
(v) The number of apprentices and labor hours worked by
them, categorized by trade or craft;
(vi) The number of journey level workers and labor hours
worked by them, categorized by trade or craft; and
(vii) The number, type, and rationale for the exceptions
granted under subsection (2) of this section.
(b) The department of labor and industries shall assist the
department of general administration in providing information and
technical assistance.
(6) The secretary of transportation shall establish an
apprenticeship utilization advisory committee, which shall
include statewide geographic representation and consist of equal
numbers of representatives of contractors and labor. The
committee must include at least one member representing
contractor businesses with less than thirty-five employees. The
advisory committee shall meet regularly with the secretary of
transportation to discuss implementation of this section by the
department of transportation, including development of the
process to be used to adjust the requirements of this section for
a specific project. The committee shall provide a report to the
legislature by January 1, 2008, on the effects of the apprentice
labor requirement on transportation projects and on the
availability of apprentice labor and programs statewide.
(7) At the request of the senate labor, commerce, research
and development committee, the house of representatives commerce
and labor committee, or their successor committees, and the
governor, the department of general administration and the
department of labor and industries shall compile and summarize
the agency data and provide a joint report to both committees.
The report shall include recommendations on modifications or
improvements to the apprentice utilization program and
information on skill shortages in each trade or craft.
[2007 c 437 § 2; 2006 c 321 § 2; 2005 c 3 § 3.]
NOTES:
Effective date -- 2005 c 3: See note following RCW 39.04.300.