Legislature(2025 - 2026)BARNES 124

04/24/2025 01:00 PM House TRANSPORTATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 186 APPRENTICE LABOR IN PUBLIC PROJECTS TELECONFERENCED
Heard & Held
+= HJR 14 PORT MACKENZIE & NORTHERN RAIL EXTENSIONS TELECONFERENCED
Moved CSHJR 14(TRA) Out of Committee
           HB 186-APPRENTICE LABOR IN PUBLIC PROJECTS                                                                       
                                                                                                                                
1:12:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  CARRICK  announced that  the  final  order of  business                                                               
would  be HOUSE  BILL NO.  186, "An  Act relating  to the  use of                                                               
apprentice labor  in public  construction projects;  and relating                                                               
to  a   report  on  the   use  of  apprentice  labor   in  public                                                               
construction projects."                                                                                                         
                                                                                                                                
1:12:52 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  CARRICK provided  a  brief overview  of  HB 186,  which                                                               
would  ensure, when  practicable, that  state-funded construction                                                               
projects valued at $2.5 million, or  more, would have at least 15                                                               
percent of  the labor performed  by registered apprentices.   She                                                               
continued  that   apprenticeship  utilization  is   important  in                                                               
keeping young Alaskans  in the trades in Alaska.   She maintained                                                               
that  there  is historical  precedence  for  this policy  in  the                                                               
state,  and  the  proposed  legislation   would  return  to  this                                                               
provision.                                                                                                                      
                                                                                                                                
1:13:53 PM                                                                                                                    
                                                                                                                                
GRIFFEN  SUKKAEW, Staff,  Representative  Ashley Carrick,  Alaska                                                               
State  Legislature, on  behalf of  Representative Carrick,  prime                                                               
sponsor, presented a  PowerPoint on HB 186.  He  began on slide 2                                                               
and  addressed why  apprenticeships  matter.   This includes  the                                                               
following: opportunities to learn  skills while earning a livable                                                               
wage,  long-term  employment   opportunities,  encouragement  for                                                               
Alaskans  to stay  in  the state,  alternatives  to college,  and                                                               
local  workforce development.   He  stated that  it was  reported                                                               
that  92 percent  of those  who complete  apprenticeships in  the                                                               
state  are still  employed nine  months later,  with the  average                                                               
earnings of $80,000 annually.                                                                                                   
                                                                                                                                
MR.  SUKKAEW  moved  to  slide  3, which  showed  a  timeline  of                                                               
administrative orders (AOs) relevant  to language in the proposed                                                               
bill.   In  2005, Administrative  Order 226  had been  created to                                                               
ensure a  workforce for construction  projects.  In 2015,  AO 226                                                               
had been  replaced with AO  278, which included more  job titles.                                                               
In 2019, AO 309 merely rescinded AO 278.                                                                                        
                                                                                                                                
MR.  SUKKAEW  moved  to  slide   4  and  addressed  the  proposed                                                               
legislation,  which   would  direct  that  when   a  construction                                                               
contract  advertised by  the Department  of Administration  (DOA)                                                               
and  the  Department  of  Transportation  and  Public  Facilities                                                               
(DOT&PF) is worth $2.5 million or  more, not less than 15 percent                                                               
of the labor  hours must be performed by apprentices.   The slide                                                               
listed  23  apprenticeships included  in  the  proposed bill,  as                                                               
follows:  boilermakers, bricklayers,  carpenters, cement  masons,                                                               
culinary  workers,  electricians, equipment  operators,  elevator                                                               
constructors  and  mechanics,  insulation  workers,  ironworkers,                                                               
laborers,    mechanics,   millwrights,    painters,   piledriving                                                               
occupations,  plumbers  and  pipefitters,  roofers,  sheet  metal                                                               
workers,  surveyors, sprinkler  fitters,  truck drivers,  tugboat                                                               
workers, and welders.                                                                                                           
                                                                                                                                
1:17:15 PM                                                                                                                    
                                                                                                                                
MR. SUKKAEW, on slide 4 through slide 6, paraphrased the                                                                        
sectional analysis for HB 186, which read as follows [original                                                                  
punctuation provided]:                                                                                                          
                                                                                                                                
     Subsection  B: The  commissioner of  the Department  of                                                                  
     Transportation  or the  commissioner of  the Department                                                                    
     of Administration shall provide  to the commissioner of                                                                    
     the Department  of Labor and Workforce  Development the                                                                    
     following information for each construction project:                                                                       
     1. Name of the project                                                                                                     
     2. Dollar value of the project                                                                                             
     3.  The  name  of  the  prime  contractor  and  contact                                                                    
     information for the prime contractor                                                                                       
     4.  The   name  of   each  subcontractor   and  contact                                                                    
     information  as provided  to the  department and  prime                                                                    
     contractor                                                                                                                 
     5.  The   percentage  of  labor  hours   that  will  be                                                                    
     preformed by apprentices                                                                                                   
     6. The occupation title of each apprentice used                                                                            
                                                                                                                                
     Subsection C:  the Commissioner of labor  and workforce                                                                  
     development shall collect data  on the total apprentice                                                                    
     hours  worked  on  each construction  project  that  is                                                                    
     provided to the commissioner under subsection B.                                                                           
                                                                                                                                
     Subsection  D:  this  section  does   not  apply  to  a                                                                  
     construction  project if  applying the  requirements of                                                                    
     this section  to the project  would cause the  state to                                                                    
     lose federal funding.                                                                                                      
                                                                                                                                
     Subsection E: contains three definitions                                                                                 
     1.  Apprentice  means  an   apprentice  enrolled  in  a                                                                    
     registered apprenticeship program under 29 U.S.C. 50                                                                       
     2.  "construction"  means   the  process  of  building,                                                                    
     altering,   repairing,   maintaining,   improving,   or                                                                    
     demolishing a  public highway, structure,  building, or                                                                    
     other public improvement for any  kind of real property                                                                    
     other  than privately  owned real  property leased  for                                                                    
     the use  of agencies;  "construction" does  not include                                                                    
     professional   and  other   services  related   to  the                                                                    
     planning  and   design  required  for   a  construction                                                                    
     project, the routine operation  of a public improvement                                                                    
     to  real  property,  or   the  construction  of  public                                                                    
     housing                                                                                                                    
     3.  "labor  hours"  means  the   total  hours  of  work                                                                    
     performed by  construction workers on a  project in job                                                                    
     classes  subject   to  minimum  wage  rates   under  AS                                                                    
     36.05.070.                                                                                                                 
                                                                                                                                
     Section 2:  Amends the uncodified  law of the  State of                                                                  
     Alaska by  adding a new  section requiring a  report to                                                                    
     the   legislature.  The   commissioner  of   labor  and                                                                    
     workforce  development shall,  with  the assistance  of                                                                    
     the    commissioner   of    administration   and    the                                                                    
     commissioner of  transportation and  public facilities,                                                                    
     submit  a report  to  the  legislature identifying  the                                                                    
     percentage   of   apprentice   labor   hours   in   the                                                                    
     occupations listed  in AS 36.05.125  that were  used in                                                                    
     each construction contract subject  to AS 36.05.125 for                                                                    
     the fiscal years  ending June 30, 2026,  June 30, 2027,                                                                    
     June 30,  2028, June 30,  2029, and June 30,  2030. The                                                                    
     commissioner of  labor and workforce  development shall                                                                    
     deliver the  report to the  senate secretary  and chief                                                                    
     clerk  of the  house  of representatives  on or  before                                                                    
     September  1, 2030,  and shall  notify the  legislature                                                                    
     that the report is available.                                                                                              
                                                                                                                                
1:21:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES questioned,  if the  needed percentage  of                                                               
apprentices were unavailable, whether the project would stop.                                                                   
                                                                                                                                
MR.  SUKKAEW   responded  that  the  language   in  the  proposed                                                               
legislation  provides for  the  "extent practicable";  therefore,                                                               
projects  could  continue  without  the  required  percentage  of                                                               
apprentices.                                                                                                                    
                                                                                                                                
CO-CHAIR   CARRICK   expressed   the  understanding   that   most                                                               
construction  companies already  use apprentices  when available;                                                               
however,  per  the  proposed  legislation,  if  apprentices  were                                                               
unavailable, companies would not be penalized.                                                                                  
                                                                                                                                
1:23:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MINA  questioned the  enforcement of  the proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
CO-CHAIR CARRICK  responded that there would  be no repercussions                                                               
if the percentage  was not met, as HB 186  does not have "teeth."                                                               
She stated that the purpose  of the proposed legislation would be                                                               
twofold:  increase   the  number   of  apprentices   involved  in                                                               
construction  work and,  through  reporting  to the  legislature,                                                               
give  a better  idea to  the  Department of  Labor and  Workforce                                                               
Development  (DLWD)  which  fields  need more  investment.    She                                                               
reiterated  that  the  proposed  legislation  does  not  have  an                                                               
enforcement  mechanism.   In  response  to  a follow-up  question                                                               
concerning the  percentage of apprentices in  the advertisements,                                                               
she deferred to her staff.                                                                                                      
                                                                                                                                
1:25:12 PM                                                                                                                    
                                                                                                                                
MR. SUKKAEW clarified  the question and deferred  the question to                                                               
the Department of Transportation and Public Facilities (DOT&PF).                                                                
                                                                                                                                
1:26:04 PM                                                                                                                    
                                                                                                                                
ANDY  MILLS,  Legislative  Liaison,   Special  Assistant  to  the                                                               
Commissioner,   Office  of   the   Commissioner,  Department   of                                                               
Transportation and  Public Facilities, answered that  when DOT&PF                                                               
puts out  a request for proposals  and an invitation to  bid, the                                                               
contracts  already  have  language involving  the  percentage  of                                                               
apprentices  to   journeymen.    He  stated   that  the  proposed                                                               
legislation  would add  a threshold  in  the language.   Per  the                                                               
threshold,   the   department   would  update   its   boilerplate                                                               
contractual  language; however,  he  expressed  the opinion  that                                                               
contractors  and union  halls would  have  the responsibility  to                                                               
meet the obligation.                                                                                                            
                                                                                                                                
1:27:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  gave  a  hypothetical  on  two  companies                                                               
bidding  on the  same project,  with one  of the  companies being                                                               
able  to  supply   a  higher  percentage  of   apprentices.    He                                                               
questioned whether this would make  a difference who receives the                                                               
contract.                                                                                                                       
                                                                                                                                
MR. MILLS deferred the question to James Woods.                                                                                 
                                                                                                                                
1:28:32 PM                                                                                                                    
                                                                                                                                
JAMES WOODS,  Chief Contracts  Officer, Contracting  and Appeals,                                                               
Office  of the  Commissioner,  Department  of Transportation  and                                                               
Public  Facilities, expressed  uncertainty that  language in  the                                                               
proposed legislation would address the  question.  He stated that                                                               
currently,  the contract  would  go  to the  lowest  bidder.   He                                                               
stated that the question would require further research.                                                                        
                                                                                                                                
CO-CHAIR CARRICK  expressed agreement  that the question  has not                                                               
been addressed by the proposed legislation.                                                                                     
                                                                                                                                
1:29:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MINA  directed  attention  to  AO  309  in  2019,                                                               
stating  that  it had  revoked  apprenticeship  standards in  the                                                               
state.   She questioned whether this  has impacted apprenticeship                                                               
numbers in the state.                                                                                                           
                                                                                                                                
1:30:46 PM                                                                                                                    
                                                                                                                                
CHRIS  DIMOND,  Lead  Representative of  Alaska,  Western  States                                                               
Regional Council  of Carpenters, expressed the  opinion that when                                                               
the   benchmarks  and   guidelines   were   removed  [in   2019],                                                               
contractors  no longer  had to  focus on  building the  workforce                                                               
infrastructure  in the  state.   He suggested  that DOT&PF  might                                                               
have data from  this change; however, without the  data, he could                                                               
not answer the question.                                                                                                        
                                                                                                                                
CO-CHAIR  CARRICK   expressed  the  understanding  that   if  the                                                               
standards  were revoked,  DOT&PF  would not  have these  numbers.                                                               
She questioned whether the department was tracking any changes.                                                                 
                                                                                                                                
1:31:44 PM                                                                                                                    
                                                                                                                                
MR.  MILLS deferred  to  DLWD.   He  stated  that  he could  also                                                               
request the  information from DOT&PF;  however, he  expressed the                                                               
understanding that this data would be under DLWD.                                                                               
                                                                                                                                
1:32:13 PM                                                                                                                    
                                                                                                                                
JEREMY  APPLEGATE, Program  Manager, Wage  and Hour,  Division of                                                               
Labor  Standards and  Safety, Department  of Labor  and Workforce                                                               
Development,  responded that  the department  does not  have this                                                               
information.                                                                                                                    
                                                                                                                                
CO-CHAIR  CARRICK  commented  that   this  information  would  be                                                               
researched and provided to the committee.                                                                                       
                                                                                                                                
MR.  APPLEGATE suggested  that Research  and Analysis  under DLWD                                                               
may have the information.                                                                                                       
                                                                                                                                
1:32:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE questioned  whether  the  language in  the                                                               
proposed legislation  would add more pressure  on remote villages                                                               
that currently cannot find contractors to do work there.                                                                        
                                                                                                                                
CO-CHAIR CARRICK opined that using  the term "practicable" in the                                                               
proposed bill  would prevent this restriction.   She acknowledged                                                               
that certain areas have struggles  with certain projects, and she                                                               
maintained  that  the  proposed   legislation  does  not  have  a                                                               
"forcing  mechanism."   She  continued  that  this is  where  the                                                               
distinction  lies,  and  she  does not  foresee  a  reduction  of                                                               
construction  contracts  in  the  state.   She  deferred  to  Mr.                                                               
Dimond.                                                                                                                         
                                                                                                                                
1:34:57 PM                                                                                                                    
                                                                                                                                
MR. DIMOND advised the committee  that the proposed bill would be                                                               
taking measures  to rebuild  the state's  workforce; furthermore,                                                               
it is  not meant to be  punitive and a detriment  to contractors.                                                               
He expressed  the opinion that the  language "extent practicable"                                                               
should not  be a  hindrance to contractors  that cannot  fill the                                                               
apprenticeships in villages and other areas.                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE,  with  a follow  up,  questioned  whether                                                               
apprentices could  gain hours to become  journeymen while working                                                               
in nonunion companies or jobs.                                                                                                  
                                                                                                                                
MR.  DIMOND  responded in  the  affirmative,  as there  are  many                                                               
apprenticeship  programs in  the state,  union and  nonunion, and                                                               
this should not be an issue.                                                                                                    
                                                                                                                                
1:36:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR CARRICK announced that HB 186 was held over.                                                                           

Document Name Date/Time Subjects
HB 186 Sponsor Statement.pdf HTRA 4/24/2025 1:00:00 PM
HB 186
HB 186 Sectional.pdf HTRA 4/24/2025 1:00:00 PM
HB 186
HB 186 Fiscal Note HB186-DOT-CAA-04-18-2025.pdf HTRA 4/24/2025 1:00:00 PM
HB 186
HB 186 Fiscal Note DOLWD-WH-04-16-25.pdf HTRA 4/24/2025 1:00:00 PM
HB 186
HB 186 Letter of Support BCTC South-Central.pdf HTRA 4/24/2025 1:00:00 PM
HB 186
HB 186 Presentation.pdf HTRA 4/24/2025 1:00:00 PM
HB 186
HB 186 Letter of Support WSCC.pdf HTRA 4/24/2025 1:00:00 PM
HB 186
HB 186 Letter of Support Operating Engineers.pdf HTRA 4/24/2025 1:00:00 PM
HB 186