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Bill H.3375
SECTION 1. “Bid” shall mean any bid, proposal, or quote rendered by a contractor at any level to the public agency or to another contractor for the performance of work on a public works project.
SECTION 2. “Construction contract” shall mean any public works contract as defined herein with a value in excess of $1,000,000.
SECTION 3. “Public agency” means a department, agency, board, commission, authority, or other instrumentality of the commonwealth, political subdivision of the commonwealth, city, town, or by persons contracting or subcontracting for a public works.
SECTION 4. “Public works” means the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public works by a public agency.
SECTION 5(a). Notwithstanding any general or special law to the contrary, a public agency shall require, as a condition of bidding on a construction contract for public works, that all construction managers, general contractors and subcontractors at any level at the time of bidding maintain or participate in a bona fide apprentice training program as defined under G.L. c. 23, §§11H and 11I for each apprenticeable trade or occupation represented in their workforce that is approved by the Division of Apprentice Standards of the Executive Office of Labor and Workforce Development, and must register all apprentices with the Division and abide by the apprentice to journeyman ratio for each trade prescribed therein in the performance of any work on a public works project; provided further, that in the event the public agency does not receive any bids from a qualified and responsible bidder maintaining or participating in such an apprentice training program, the public agency may resolicit bids for that category of work without the requirements of this section. This section does not require the program to qualify as an employee welfare benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§1001-1461.
(b) Any bidder for a public works project that does not maintain or participate in a bona fide apprentice training program as defined under G.L. c. 23, §§11H and 11I for each apprenticeable trade or occupation represented in their workforce that is approved by the Division of Apprentice Standards of the Executive Office of Labor and Workforce Development shall not be regarded as a responsible and eligible bidder.
SECTION 6. The provisions of this act are severable and if any provision is determined to contravene state or federal law, the remainder of this act shall remain in full force and effect.
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