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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to labor for public works projects provided by an
10 apprentice.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ for certain public works projects:
15 • requires that at least a specified amount of labor be performed by an apprentice;
16 and
17 • establishes other requirements for a contract between a government entity and a
18 contractor related to apprentices; and
19 ▸ provides exceptions to the minimum amount of labor for a public works project that
20 is required to be performed by an apprentice.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 34-30-201, Utah Code Annotated 1953
28 34-30-202, Utah Code Annotated 1953
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 34-30-201 is enacted to read:
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33 34-30-201. Definitions.
34 As used in this part:
35 (1) "Apprentice" means the same as that term is defined in Section 35A-6-102.
36 (2) "Apprenticeship utilization requirement" means a requirement related to the amount
37 of labor performed by an apprentice.
38 (3) "Government entity" means:
39 (a) a political subdivision; or
40 (b) the state.
41 (4) (a) "Labor hour" means an hour of work on the site of a public works project
42 performed by an individual receiving an hourly wage to provide construction work on the site,
43 including:
44 (i) an individual employed by the contractor; or
45 (ii) an individual employed by a subcontractor.
46 (b) "Labor hour" does not include an hour of work performed by:
47 (i) a foreman;
48 (ii) a superintendent; or
49 (iii) the company owner of a general contractor or subcontractor.
50 (5) "Political subdivision" means the same as that term is defined in Section 34-30-14.
51 (6) "Public works" or "public works project" means the same as that term is defined in
52 Section 34-30-14.
53 Section 2. Section 34-30-202 is enacted to read:
54 34-30-202. Labor provided by an apprentice.
55 (1) A government entity is subject to Subsection (2) for each public works project:
56 (a) for which the government entity enters into a contract on or after July 1, 2020; and
57 (b) that is estimated to cost $500,000 or more.
58 (2) For a public works project described in Subsection (1), a government entity shall
59 require in a contract for the public works project that:
60 (a) except as provided in Subsection (3)(a), apprentices complete at least 15% of:
61 (i) the total labor hours performed by workers from each trade; and
62 (ii) the total labor hours performed by each contractor and subcontractor; and
63 (b) each contractor and subcontractor provide to the government entity a payroll report
64 at least monthly that certifies, for each worker performing one or more labor hours, the
65 worker's:
66 (i) name;
67 (ii) trade;
68 (iii) number of hours worked; and
69 (iv) whether the worker is a journey-level worker or an apprentice.
70 (3) A government entity is exempt from:
71 (a) the requirements described in Subsection (2)(a) for a specific public works project
72 if:
73 (i) the site of the public works projects is in a geographic area in which there is a lack
74 of available apprentices;
75 (ii) the public works project meets the cost threshold described in Subsection (1)(b)
76 due to high materials costs, but requires limited labor hours; or
77 (iii) the government entity demonstrates a good faith effort to comply with the
78 requirements described in this section; and
79 (b) the requirements described in this section, if the government entity has an
80 apprenticeship utilization requirement for a public works project that is equal to or exceeds the
81 apprenticeship utilization requirement described in this section.