Back to Virginia

HB850 • 2026

VA Public Procurement Act; additional public works contract requirements, delayed effective date.

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

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Krizek
Last action
2026-02-13
Official status
Incorporated
Effective date
Not listed

Plain English Breakdown

The bill summary does not specify exact safety training programs, only that they must be established by OSHA.

Virginia Public Procurement Act; Additional Requirements for Capital Outlay Projects

This bill adds new requirements for contractors and subcontractors working on capital outlay projects in Virginia, including safety training, apprenticeship programs, record-keeping, with exemptions based on apprentice availability or high material costs.

What This Bill Does

  • Requires contractors and their subcontractors to complete specific safety training programs set by the U.S. Department of Labor's Occupational Safety and Health Administration for any capital outlay project.
  • Necessitates that contractors and subcontractors maintain records showing they follow all local, state, and federal laws related to their work on a capital outlay project.
  • Requires at least 8% of total labor hours on a capital outlay project to be done by apprentices who are part of approved training programs.
  • Allows the Governor or local governing bodies to adjust or waive these requirements if there's a lack of available apprentices in certain areas or if material costs make it too expensive.

Who It Names or Affects

  • Contractors and subcontractors working on capital outlay projects in Virginia.
  • Public bodies that award contracts for capital outlay projects.

Terms To Know

Capital Outlay Project
A project involving the construction or improvement of public facilities, as defined by state law.
Apprentice
An individual who is learning a skilled trade through a structured training program approved by either the Commonwealth or the U.S. Department of Labor.

Limits and Unknowns

  • The bill does not apply to transportation-related construction projects over $250,000.
  • The requirements will start on July 1, 2027, giving contractors and subcontractors time to prepare.

Bill History

  1. 2026-02-13 Appropriations

    Incorporated by Appropriations (HB1046-Carr) (Voice Vote)

  2. 2026-02-13 General Government and Capital Outlay

    Subcommittee recommends incorporating (Voice Vote)

  3. 2026-02-05 General Laws

    Fiscal Impact Statement from Department of Planning and Budget (HB850)

  4. 2026-02-04 General Government and Capital Outlay

    Assigned HAPP sub: General Government and Capital Outlay

  5. 2026-02-03 General Laws

    Reported from General Laws with substitute and referred to Appropriations (16-Y 5-N)

  6. 2026-02-03 General Laws

    Committee substitute printed 26106300D-H1

  7. 2026-01-27 Procurement/Open Government

    Subcommittee recommends reporting with substitute (7-Y 3-N)

  8. 2026-01-27 Procurement/Open Government

    House subcommittee offered

  9. 2026-01-26 Procurement/Open Government

    Assigned HGL sub: Procurement/Open Government

  10. 2026-01-26 House

    Fiscal Impact Statement from Department of Planning and Budget (HB850)

  11. 2026-01-26 House

    Fiscal Impact Statement from Department of Planning and Budget (HB850)

  12. 2026-01-13 House

    Prefiled and ordered printed; Offered 01-14-2026 26104813D

  13. 2026-01-13 General Laws

    Referred to Committee on General Laws

Official Summary Text

Virginia Public Procurement Act; additional public works contract requirements.
Provides that public bodies shall require the contractor and its subcontractors for any capital outlay project, as defined in the bill, to complete certain safety training programs, maintain records of compliance with applicable laws, and participate in approved apprenticeship training programs. The bill provides exemptions from such requirements for reasons related to lack of availability of apprentices and high costs. The provisions of the bill do not apply to transportation-related construction projects. The bill has a delayed effective date of July 1, 2027.

Current Bill Text

Read the full stored bill text
HOUSE BILL NO. 850

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee on General Laws

on February 3, 2026)

(Patron Prior to Substitute--Delegate Krizek)

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

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 of Title 2.2 a section numbered
2.2-4302.3
as follows:

§
2.2-4302.3
. Additional public works contract requirements.

A. For the 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
.

"Labor hours" means the total
number of
hours
for all
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 foremen, superintendents, or owners.

B. For any capital outlay project, a public body shall require the contractor and its subcontractors to comply 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. Maintenance of records of compliance with applicable local, state, and federal laws;
and

3. Participation in apprenticeship training programs approved by the Commonwealth or the U.S. Department of Labor and compliance with the provisions of subsection C
.

C. At least eight percent of
the
total labor hours of any capital outlay project shall be required to 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
the
applicable trade.

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 of this section for a specific capital outlay project for the following reasons:

1. The demonstrated lack of availability of apprentices in specific geographic areas; or

2. A disproportionately high ratio of material costs to labor hours that makes the required minimum level of apprentice participation not feasible.

E.
The provisions of this section shall not apply to transportation-related construction projects
in excess of $250,000
.

2. That the provisions of this act shall become effective on July 1, 2027.