The bill introduces a new section titled "Project Labor Agreements" (PLA) to Chapter 37-2 of the General Laws, aimed at enhancing the management of public works projects through the use of PLAs. These pre-hire collective bargaining agreements are designed to protect investments in public works projects while promoting successful construction delivery and offsetting performance risks. The bill emphasizes the importance of ensuring a reliable supply of qualified craft labor, addressing issues such as cost overruns and schedule delays, and promoting safety and workforce development.
The legislation includes several key provisions:
1. State contracting agencies may, at their discretion, include PLA requirements in construction contracts for any appropriate project. PLAs are mandated for large-scale state public works projects valued at $25 million or more, unless exempted under specific conditions.
2. PLAs must include mandatory provisions that bind all contractors and subcontractors, allow competition regardless of union affiliation, guarantee against strikes and job disruptions, establish procedures for resolving labor disputes, and require that at least 15% of the total project workforce consists of registered apprentices.
3. If a PLA is not utilized, the state contracting agency must issue a written determination at least 90 days prior to the invitation for bids, explaining why a PLA will not promote an adequate supply of qualified craft labor.
4. For large-scale state public works projects without a PLA, bidders must submit a certified project craft labor staffing plan, detailing their staffing capabilities and the apprenticeship programs they will use to ensure adequate labor supply.
5. Local government contracting agencies are also encouraged to adopt similar PLA requirements for large-scale state-assisted public works projects, which are defined as projects where the state provides 35% or more of the construction budget.
This framework aims to improve project delivery while maintaining fair competition in the construction industry.