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SENATE BILL NO. 758
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Labor and Commerce
on March 3, 2026)
(Patron Prior to Substitute--Senator Rouse)
A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 1.2, consisting of sections numbered
40.1-28.13
through
40.1-28.16
, relating to construction work on solar energy facilities; prevailing wage rate; apprenticeship requirements; civil penalties; report.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 3 of Title 40.1 an article numbered 1.2, consisting of sections numbered
40.1-28.13
through
40.1-28.16
, as follows:
Article 1.2.
Prevailing Wage for
Construction
Work on
Solar Energy Facilities
.
§
40.1-28.13
. Definitions.
As used in this article
, unless the context requires a different meaning
:
"Prevailing wage rate" means the rate, amount, or level of wages, salaries, benefits, and other remuneration prevailing for the corresponding class of mechanics, laborers, or workers employed for the same work in the same trade or occupation in the locality where the facility or immovable property that is the subject of
solar energy facility
work is located, as determined by the Commissioner
in accordance
with §
2.2-4321.3
.
"Solar developer"
means any
developer of a solar energy facility
, including
any electric utility
as defined in
§
56-576
and
any
person
required to be
licensed
under the provisions of §
56-587
,
and any of its contractors or
subcontractors.
"Solar
energy facility
" means
a
renewable energy
project
that (i) generates electricity from sunlight,
(ii)
consist
s
of one or more PV systems and other appurtenant structures and facilities within the boundaries of the site
,
and (
i
ii) is designed for or capable of operation at a rated capacity
greater
than
five
megawatt
s
.
"Solar energy facility" includes t
wo or more solar energy
facilities
otherwise spatially separated but under common ownership or operational control
that
are connected to the electrical grid under a single interconnection agreement.
§
40.1-28.14
. Prevailing wage for
construction
work on
solar energy facili
ties
;
civil
penalties.
A. Each
solar
developer
, when procuring services, letting contracts, or overseeing or administering contracts for construction
work on
a solar energy facility, shall ensure that its bid specifications or other contracts applicable to construction
work on
such
solar energy facility
require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the contract at the prevailing wage rate. Each contract for construction
work on
a
solar energy facility
by a public service company or third-party developer shall contain a provision requiring that the remuneration to any individual performing the work of any mechanic, laborer, or worker on the work contracted to be done shall be at a rate equal to the prevailing wage rate.
B. In addition to liability for the nonpayment of wages provided in §
40.1-29
, a
ny
solar
developer
that fails to comply with the requirements of this section shall be required to make a payment to the Commissioner of Labor and Industry of $5,000 for each employee who was paid wages at a rate less than the prevailing wage rate. However, if the Commissioner of Labor and Industry determines that
such
solar developer's
failure to comply with the requirements of this section is due to intentional disregard of the provisions of this
section
,
such
solar
developer
shall be required to make a payment to the Commissioner of Labor and Industry of $10,000 for each employee who was paid wages at a rate less than the prevailing wage rate.
Civil penalties owed under this section shall be paid to the Commissioner for deposit in the general fund and the Commissioner shall prescribe procedures for the payment of propose
d assessments of civil penalties that are not contested by employers.
§
40.1-28.15
. Apprenticeship requirements;
civil
penalties.
A.
As used in this section, "qualified apprentice" means an individual who is employed by a solar developer and who is participating in a registered apprenticeship program pursuant to Article 3 (§
2.2-2043
et seq.) of Chapter 20.2 of Title 2.2.
B.
Each
solar developer
engaged in the construction of
solar energy facilities
shall ensure that
, beginning
July 1, 2027, 15 percent
of the total labor hours of construction
work
, including
construction
work
performed by any contractor or subcontractor
,
is performed by qualified apprentices.
C
. Each
solar
developer that employs four or more individuals to perform construction
work on
a solar energy facility
shall employ at least one qualified apprentice to perform such work.
D
. The requirements of this section shall be deemed satisfied if
the solar
developer has requested qualified apprentices from a registered apprenticeship program and (i) such request is denied, provided such denial is not the result of a refusal by the
solar
developer or its contractor or subcontractor to comply with the established standards or requirements of the registered apprenticeship program or (ii) the registered apprenticeship program fails to respond to such request within five business days of receiving such request.
E
. A
solar
developer that fails to meet the requirements of this section shall make a payment to the Commissioner of Labor and Industry of $50 for each labor hour in which the requirements of this section were not met. However, if the Commissioner of Labor and Industry determines that
the solar
developer's failure to comply with the requirements of this section is due to intentional disregard of the provisions of this
section
, the
solar
developer shall be required to make a payment to the Commissioner of Labor and Industry of $500 for each labor hour in which the requirements of this section were not met.
Civil penalties owed under this section shall be paid to the Commissioner for deposit in the general fund and the Commissioner shall prescribe procedures for the payment of proposed assessments of civil penalties that are not contested by employers.
§
40.1-28.1
6
.
Annual r
eport
.
A solar developer
shall
submit
a
n annual report
to the
Commissioner
detailing its compliance with the provisions of this articl
e
, in the form and manner determined by the Commissioner
, for each of its solar energy facilities
.
2. That the provisions of Article 1.2 (§
40.1-28.13
et seq.) of Chapter 3 of Title 40.1 of the Code of Virginia, as created by this act, shall apply only to construction work on solar energy facilities, as defined in §
40.1-28.13
of the Code of Virginia, as created by this act, performed pursuant to a construction contract entered into by a solar developer, as defined in §
40.1-28.13
of the Code of Virginia, as created by this act, on or after July 1, 2026
,
and shall not apply to any such construction work for which a binding construction contract, power purchase agreement, or interconnection agreement was entered into prior to July 1, 2026.