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

Plain English Breakdown

The bill's effective date is July 1, 2027, which was not mentioned in the candidate explanation.

Virginia Public Procurement Act; Additional Safety and Training Requirements for Capital Outlay Projects

This bill adds new requirements for contractors and subcontractors working on capital outlay projects in Virginia, including safety training, compliance records, apprenticeship programs, and apprentice hiring. These rules do not apply to transportation-related construction.

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 capital outlay projects.
• Necessitates that contractors maintain records showing compliance with local, state, and federal laws related to these projects.
• Requiring participation in apprenticeship training programs approved either by Virginia or the U.S. Department of Labor.
• Requires written proof that at least one apprentice has been hired for the project and internal policies are in place to track and increase apprentice labor hours.

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 defined by the bill, which includes construction or renovation of public facilities.

Apprentice

An individual who is learning a skilled trade through a formal training program approved by Virginia or the U.S. Department of Labor.

Limits and Unknowns

• The bill does not apply to transportation-related construction projects.
• There are exemptions for high costs and lack of availability of apprentices, but details on these exceptions are not provided in the summary.

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

SENATE BILL NO. 366

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on General Laws and Technology

on January 21, 2026)

(Patron Prior to Substitute--Senator Carroll Foy)

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;

3. Participation in apprenticeship training programs approved by the Commonwealth or the U.S. Department of Labor
; and

4. Demonstration in writing that

at least one
apprentice
has
been hired and

internal policies have been created that
track and increase
apprentice
labor hours
.

C
.
The provisions of this section shall not apply to transportation-related construction projects.

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