Virginia HB 1046: Virginia Public Procurement Act; additional public works contract requirements.

Bill Text

2026 SESSION

INTRODUCED

26103068D

HOUSE BILL NO. 1046

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 43 a section numbered 2.2-4302.3, relating to Virginia Public Procurement Act; additional public works contract requirements.

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Patrons—Carr and Carroll

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Referred to Committee on General Laws

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Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 43 a section numbered 2.2-4302.3 as follows: 

§ 2.2-4302.3. Additional public works contract requirements.

A. For purposes of this section:

"Apprentice" means the same as that term is defined in § 2.2-2043.

"Capital outlay project" means the same as that term is defined in § 2.2-1515.

"Employee" means a worker on a capital outlay project that (i) is free from the control and direction of the remunerating entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; (ii) performs work outside the usual course of the remunerating entity's business; and (iii) is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

"Labor hours" means the total hours of employees receiving an hourly wage who are directly employed on the site of a capital outlay project. "Labor hours" includes hours performed by employees employed by the contractor and all subcontractors working on the project. "Labor hours" does not include hours worked by superintendents, management personnel, or owners.

B. For any capital outlay project, a public body shall require the contractor and its subcontractors at any tier to demonstrate compliance with the following requirements:

1. Completion of specified safety training programs established by the U.S. Department of Labor's Occupational Safety and Health Administration;

2. Demonstration of no more than one administrative determination, arbitral award, civil judgment, or settlement agreement involving the contractor or subcontractor for violations of the National Labor Relations Act, 29 U.S.C. § 151 et seq.; the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; the Davis-Bacon Act, 40 U.S.C. § 3141, or Davis-Bacon Related Acts; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; the Virginia Minimum Wage Act (§ 40.1-28.8 et seq.); Article 2 (§ 40.1-29 et seq.) of Chapter 3 of Title 40.1; the provisions of § 2.2-4321.3; or the provisions of § 40.1-28.7:7; and

3. Agreement to utilize apprentices enrolled in an apprenticeship training program registered with the Commonwealth or the U.S. Department of Labor and in compliance with the provisions of subsection C.

C. At least 15 percent of total labor hours of any capital outlay project shall be performed by apprentices. A public body shall require the contractor and its subcontractors subject to this section to provide reports certifying the apprentice labor hours worked and applicable trade. Such requirement shall apply to the project as a whole and shall not be contractor or trade specific.

D. Upon a written determination made in advance by (i) the Governor or his designee in the case of a procurement by the Commonwealth or by a department, agency, or institution thereof or (ii) the local governing body in the case of a procurement by a political subdivision of the Commonwealth, a public body may adjust or waive the requirements outlined in subsection C for a specific capital outlay project only if the contractor demonstrates a lack of available apprentices in specific geographic areas, provided that the lack of availability is not a result of such contractor's failure to comply with the requirements of an existing registered apprenticeship program from which the contractor requested apprentices.

E. Each contractor or subcontractor who employs four or more journeyworker employees to perform construction, alteration, or repair work on a capital outlay project shall also employ one or more qualified apprentices to perform such work. The ratio of apprentices to journeyworker employees hired by a contractor or subcontractor on a capital outlay project at any given time shall not exceed the ratios permitted by the Department of Labor and Industry.

F. No contractor, subcontractor, or party on a capital outlay project shall provide remuneration to an independent contractor for the performance of construction work on such capital outlay project unless the remunerating party received written authorization from the public body to enter into an agreement with the independent contractor to provide construction services on the specific capital outlay project. Such written authoriza