Revises provisions relating to public works. (BDR 28-1112)

- 83rd Session (2025)

Senate Bill No. 443–Committee on
Growth and Infrastructure

CHAPTER..........

AN ACT relating to public works; providing a declaration of
legislative intent regarding the payment of prevailing wages
to workers employed by a contractor or subcontractor to
perform construction work on certain projects awarded by a
public utility; requiring, with certain exceptions, a contractor
or subcontractor who is awarded a contract for construction
work on certain projects by a public utility to comply with
prevailing wage provisions applicable to public works when
the construction work does not qualify as a public work; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth general provisions applicable to public works, including
provisions requiring, with certain exceptions, the payment of prevailing wages for
public works projects. (NRS 338.013 -338.090) Section 2 of this bill makes certain
declarations of legislative intent relating to the payment of prevailing wages to
workers employed by a contractor or subcontractor to perform construction work
on a significant o perational or capital requirement project awarded by a public
utility. Section 3 of this bill requires , with certain exceptions, a contractor or
subcontractor who is awarded a contract for construction work on a significant
operational or capital requireme nt project by a public utility to comply with
prevailing wage provisions applicable to public works when the construction work
does not qualify as a public work. Section 3 also defines “electric utility,” “public
utility” and “significant operational or capital requirement project” for the purposes
of that section.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 338 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The Legislature hereby finds and declares that the
payment of prevailing wages to workers employed by a contractor
or subcontractor to perform construction work on a significant
operational or capital requirement project awarded by a public
utility is essential to:
1. Increasing the number of skilled construction workers in
this State;
2. Ensuring the highest quality of work on such projects;

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- 83rd Session (2025)
3. Ensuring the safe and timely completion of such projects;
4. Ensuring that the residents of this State have access to
safe, reliable and affordable energy resources; and
5. Enhancing public safety.
Sec. 3. 1. Except as otherwise provided in subsection 2, the
provisions of NRS 338.013 to 338.090, inclusive, apply to any
contract for construction work awarded by a public utility to a
contractor or subcontractor on a significant operational or capital
requirement project when the construction work does not qualify
as a public work as defined in NRS 338.010.
2. The provisions of subsection 1 do not apply to a contract
awarded by an electric utility where the primary construction work
will be performed by a contractor with:
(a) A collective bargaining agreement;
(b) A project labor agreement; or
(c) A worksite agreement that provides for the construction of
a significant operational or capital requirement project , or for the
maintenance of, or other ongoing work to be performed upon
completion of, a significant operational or capital requirement
project.
3. As used in this section:
(a) “Electric utility” has the meaning ascribed to it in
NRS 704.7571.
(b) “Public utility” means a utility that purchases natural gas
for retail or an electric utility.
(c) “Significant operational or capital requirement project”
means:
(1) The replacement of a natural gas pipeline approved in a
plan submitted pursuant to NRS 704.991; or
(2) The construction of a new g eneration electric utility
facility of not less than 50 megawatts and that is approved in a
plan submitted pursuant to NRS 704.741.
Sec. 4. The provisions of section 3 of this act do not apply to
any contract entered into before October 1, 2025.

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