00 HOUSE BILL NO. 29 01 "An Act relating to food and housing for construction workers at remote 02 construction sites on certain state construction projects; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 36.90 is amended by adding a new section to read: 06  Sec. 36.90.110. FOOD AND HOUSING AT REMOTE STATE 07 CONSTRUCTION SITES. (a) Except as provided in (b) and (c) of this section, the 08 state shall require that a contractor provide food and housing to an employee of the 09 contractor working on a state construction project at a remote construction site. The 10 contractor may not consider the cost of the food and housing in setting wages for the 11 employee or in meeting wage requirements under AS 23.10.065 or AS 36.05. 12  (b) Before the award of a state construction contract, the state shall estimate 13 the length of active, on-site workdays required to complete the project, and the number 14 of contractor employees required at peak employment periods. If the estimate 01 indicates that the project will require fewer than 60 continuous calendar days of active 02 on-site work or fewer than 15 contractor employees at peak employment periods, the 03 project is exempt from the requirement to provide food and housing set out in (a) of 04 this section. 05  (c) A contractor who provides adequate transportation to employees is exempt 06 from the requirement to provide food and housing set out in (a) of this section for 07 those employees for whom the transportation is provided. Transportation is adequate 08 under this subsection if it 09  (1) transports the employee from the departure point to the work site 10 in 60 minutes or less or if the employer pays wages to the employee for time spent 11 travelling to the work site in excess of 60 minutes; return transportation shall be 12 provided on the same basis; 13  (2) is available each workday at times reasonably close to the beginning 14 and ending of each work shift; 15  (3) begins from and returns to a departure point that is central to either 16 a location where commercially available food and lodging establishments exist or 17 which is the domicile of the employee; and 18  (4) meets applicable transportation safety standards. 19  (d) Unless a state construction contract is exempt under (b) or (c) of this 20 section, the specifications for the contract must contain a provision setting out the 21 requirement for providing food and housing at remote construction sites and the 22 optional provision for transportation services. When these provisions are required in 23 a contract, the contract must designate the site and include relevant permits for the 24 housing. 25  (e) The Department of Transportation and Public Facilities shall implement this 26 section by regulation. 27  (f) In this section, 28  (1) "domicile" means the principal place of residence of an individual 29 during the 90 days before employment on the state construction project; 30  (2) "remote" means a work site that is either more than 50 road miles 31 from or inaccessible by two-wheel drive vehicles from a location that has commercial 01 food and lodging establishments adequate to accommodate the work force of the state 02 construction project; 03  (3) "state construction" means the on-site field surveying, erection, 04 rehabilitation, alteration, extension, or repair, including painting or redecorating, of 05 buildings, highways, or other improvements to real property, under contract for the 06 state. 07 * Sec. 2. This Act does not apply to a contract for a state construction project that was 08 entered into before September 1, 1993. 09 * Sec. 3. This Act takes effect September 1, 1993.