SENATE DOCKET, NO. 1500        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1208

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael O. Moore

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to apprenticeship programs.

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PETITION OF:

SENATE DOCKET, NO. 1500        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1208

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1157 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to apprenticeship programs.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 44D of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (b) the following subsection:-

(c) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than 90 days after the date this section becomes effective. This section shall further apply to any contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building that is subject to sections 26 through 27D of chapter 149, inclusive, regardless of whether the project is not otherwise subject to sections 44A to 44H of chapter 149, inclusive.

For all such contracts, all trade contractors and subcontractors working under the contract shall, within 30 calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to sections 11E through 11W of chapter 23, inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29.  Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past 5 years.

Within 45 calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.

SECTION 2.  Chapter 149A of the General Laws is hereby amended by adding the following section:

Section 22. (a) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than 90 days after the date this section becomes effective.

For all such contracts, all trade contractors and subcontractors working under the contract shall, within 30 calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to sections 11E through 11W of chapter 23, inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29.  Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past 5 years.

Within 45 calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.

SECTION 3. Section 39M of chapter 30 of the General Laws, as so appearing, is hereby amended by inserting after subsection (e), the following subsection:-

(f) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than 90 days after the date this section becomes effective.

For all such contracts, all trade contractors and subcontractors working under the contract shall, within 30 calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to sections 11E through 11W of chapter 23, inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29. Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past 5 years.

Within 45 calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.