VirginiaHB10462026 Regular SessionHouseWALLET

Virginia Public Procurement Act; additional public works contract requirements.

Sponsored By: Betsy B. Carr (Democratic)

Signed by Governor

Summary

Virginia Public Procurement Act; additional public works contract requirements; report. Provides that public bodies shall require the contractor and its subcontractors for any construction contract, as defined in the bill, to complete certain safety training programs and maintain records of compliance with applicable laws. The bill requires written authorization from a state public body before any party to a construction contract provides remuneration to more than one independent contractor when such contract is valued at greater than $5 million. If a construction contract with a local public body is valued at greater than $5 million the prime contractor shall provide written notification to the local public body justifying remuneration to any independent contractor. The foregoing provisions of the bill have a delayed effective date of July 1, 2027.Effective in due course, the bill requires the Secretary of Labor to conduct an 18-month evaluation regarding the feasibility of requiring public bodies to hire apprentices on public works contracts. The bill also directs the Department of General Services and the Department of Labor and Industry to develop guidelines to assist state public bodies in making the determinations required to issue an authorization allowing a contractor, subcontractor, or other party to a public works contract to provide remuneration to an independent contractor in connection with such contract. The Department of General Services shall publish such guidelines on its website no later than July 1, 2027. This bill is identical to SB 324.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 2 costs, 1 mixed.

Large public projects tighten contractor rules

These rules cover non-transportation public construction contracts over $5 million initiated after July 1, 2027. On state contracts, each party may pay only one independent contractor for its construction work without written state approval. The prime contractor must obtain approval showing good-faith direct-hiring efforts, specialized work making direct hiring infeasible because of substantial time or resources, and required contractor notices. On local contracts, the prime contractor must report independent contractors hired by any party, listing each one's trade and contact information. That report must also show compliance with the direct-hiring, specialized-work, and notice requirements. Subcontracting to genuine firms using their own employees remains allowed; state approval neither shields violations nor makes the public body liable for its approval decision.

Public construction contractors face stricter checks

For Virginia public construction contracts initiated after July 1, 2027, contractors must show required OSHA safety training and labor-law compliance. These checks cover prime contractors and subcontractors at every level. Each must have no more than one covered labor-law finding, award, judgment, or settlement over $25,000 during the prior three years. Covered laws include federal labor relations, minimum wage, overtime, and prevailing wage laws, plus Virginia wage laws. Transportation-related projects are excluded.

Independent contractors get written work notices

For covered public construction contracts initiated after July 1, 2027, anyone paying an independent contractor must provide written notice. Transportation-related projects are excluded. The notice must explain contractor status, tax duties, worker protections that do not apply, and duties when hiring employees. It must include required license or registration documents, a detailed work description attached to the notice, and Department of Labor and Industry misclassification complaint instructions. It must also explain the duty to pass specified information to independent contractors or exempt persons the recipient contracts with.

Public colleges face added contracting condition

Beginning July 1, 2027, Virginia public colleges seeking an agreement for restructured operating authority must accept public construction contract requirements. This express agreement is an added condition, alongside the agreement's other eligibility requirements.

Sponsors & Cosponsors

Sponsor

  • Betsy B. Carr

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 393 • No: 285

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 65 • No: 35

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote • 3/14/2026

Conference report agreed to by House

Yes: 62 • No: 35

Senate vote • 3/14/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

Senate vote • 3/12/2026

Senate insisted on substitute Block Vote

Yes: 40 • No: 0

House vote • 3/11/2026

Senate substitute rejected by House

Yes: 0 • No: 98

Senate vote • 3/10/2026

agreed to General Laws and Technology Substitute

Yes: 0 • No: 0

Senate vote • 3/10/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote • 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/6/2026

Reported from Finance and Appropriations

Yes: 10 • No: 4

Senate vote • 2/25/2026

Reported from General Laws and Technology with substitute and rereferred to Finance and Appropriations

Yes: 9 • No: 6

House vote • 2/17/2026

Read third time and passed House

Yes: 61 • No: 35

House vote • 2/13/2026

Reported from Appropriations with substitute

Yes: 15 • No: 7

House vote • 2/13/2026

Subcommittee recommends reporting with substitute

Yes: 5 • No: 2

House vote • 1/29/2026

Reported from General Laws with substitute and referred to Appropriations

Yes: 16 • No: 5

House vote • 1/27/2026

Subcommittee recommends reporting with substitute and referring to Appropriations

Yes: 7 • No: 3

Actions Timeline

  1. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (65-Y 35-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1088)

    4/22/2026Governor
  4. Reenrolled bill text (HB1046ER2)

    4/22/2026House
  5. Approved by Governor - Chapter 1088 (effective - see bill)

    4/22/2026Governor
  6. Signed by President

    4/22/2026Senate
  7. Signed by Speaker

    4/22/2026House
  8. Governor's recommendation adopted

    4/22/2026Governor
  9. Governor's recommendation received by House

    4/11/2026Governor
  10. Fiscal Impact Statement from Department of Planning and Budget (HB1046)

    3/31/2026House
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  12. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  13. Signed by Speaker

    3/31/2026House
  14. Bill text as passed House and Senate (HB1046ER)

    3/30/2026House
  15. Enrolled

    3/30/2026House
  16. Signed by President

    3/30/2026Senate
  17. Fiscal Impact Statement from Department of Planning and Budget (HB1046)

    3/23/2026House
  18. Conference report agreed to by Senate (21-Y 18-N 0-A)

    3/14/2026Senate
  19. Conference report agreed to by House (62-Y 35-N 0-A)

    3/14/2026House
  20. Conference Report released

    3/13/2026
  21. House Conferees: Carr, Krizek, Davis

    3/12/2026House
  22. Conferees appointed by House

    3/12/2026House
  23. House acceded to request

    3/12/2026House
  24. Senate insisted on substitute Block Vote (40-Y 0-N 0-A)

    3/12/2026Senate
  25. Conferees appointed by Senate

    3/12/2026Senate

Bill Text

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