§ 39-26.9-3. Responsibilities of developers and the state, its subdivisions or quasi-public agencies.
(a) When a covered project receives any financial incentives, tax relief, or subsidies from the state or any of its subdivisions or quasi-public agencies, the developer and its contractors shall enter into a labor peace agreement with the unions constructing the project.
(b) All specifications in any invitations to bid on any covered project under this section that is valued at five million dollars ($5,000,000) or more shall include a requirement that all responding bidders shall have an approved apprenticeship program for all crafts or trades with apprenticeship programs that will be employed on the project at the time of bid. All responding bidders shall also provide proof in the bid package of the existence of an approved apprenticeship program for all crafts or trades that will be employed on the project by all contractors and subcontractors.
(c) The developer of a covered project shall take all necessary actions to ensure that each contractor and subcontractor involved in the construction of the project completes a sworn certification that the prime contractor, general contractor, or subcontractor:
(1) Has the necessary resources to perform the portion of the covered project to which the contractor or subcontractor is assigned, including the necessary technical, financial, and personnel resources;
(2) Has all required contractor, specialty contractor or trade licenses, certifications or certificates required of any business entity or individual by applicable state or local law;
(3) May participate in apprenticeship programs pursuant to 29 C.F.R. Part 29 and Part 30 for the occupations the contractor will employ for its awarded scope of work on the covered project;
(4) When the contractor or subcontractor has five (5) or more employees, ensure that no less than fifteen percent (15%) of the labor hours worked on the project shall be performed by registered apprentices for all crafts or trades with approved apprenticeship programs that will be employed on the project;
(5) During the previous three (3) years:
(i) Has not been debarred by any government agency;
(ii) Has not defaulted on any project;
(iii) Has not had any license, certification, or other credential relating to the business revoked or suspended; and
(iv) Has not been found in violation of any law applicable to the contractor’s or subcontractor’s business that resulted in the payment of a fine, back pay damages, or any other type of penalty in the amount of five thousand dollars ($5,000) or more;
(6) Will pay personnel employed on the project not less than the applicable wage and fringe benefit rates for the classification in which such personnel is employed for the project; and
(7) Has not misclassified and will not misclassify labor employees as independent contractors.
History of Section.
P.L. 2022, ch. 380, § 1, effective January 1, 2023; P.L. 2022, ch. 381, § 1, effective
January 1, 2023.