VirginiaHB10462026 Regular SessionHouseWALLET

Virginia Public Procurement Act; additional public works contract requirements.

Sponsored By: Betsy B. Carr (Democratic)

Became Law

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

6 provisions identified: 0 benefits, 1 costs, 5 mixed.

Limits on multiple independent contractors

For state public construction contracts over $5,000,000 that start after July 1, 2027, a contractor may not pay more than one independent contractor unless the prime gets written approval. The approval must find a good‑faith effort to hire directly or that direct hiring was not feasible because the work is highly specialized and would require significant investment. It must also confirm that each independent contractor got the required written notice. The state publishes guidance by July 1, 2027 to help public bodies make these calls. You may still subcontract to a bona fide firm that uses its own employees, if it follows this section.

Safety training and violation checks for contractors

Beginning July 1, 2027, public construction contractors and all tiers of subcontractors must complete required OSHA safety training. They must also show no more than one finding or settlement over $25,000 in the past three years for listed federal and Virginia labor and wage laws. These rules apply to public construction contracts that start on or after July 1, 2027. Firms with more violations can be barred from covered contracts.

Big local jobs: report independent contractors

For local public construction contracts over $5,000,000 that start after July 1, 2027, the prime contractor must give the local public body a written list of any independent contractors it pays. The list must include each contractor’s trade and at least one contact. The prime must also show it met the hiring‑effort and notice rules that mirror the state‑contract rules.

Written notices to paid independent contractors

Beginning July 1, 2027, anyone who pays an independent contractor on a public construction job must give a written notice. It must explain the working relationship and control, self-employment tax duties, and possible limits on protections. It must say how to file a misclassification complaint with the Department of Labor and Industry and include key work or contract terms. The notice must be passed down the chain and supported with requested licenses or registrations.

Who must follow these construction rules

These rules apply to public construction contracts that start on or after July 1, 2027. They cover all counties, cities, and school divisions, and towns with more than 3,500 people. Public colleges and universities that sign restructured‑authority MOUs must also comply. Transportation‑related construction projects are excluded.

Study on apprentice hiring for public projects

Starting July 1, 2026, the Virginia Secretary of Labor runs an 18‑month evaluation on requiring apprentice hiring on public works. The study reviews current apprentice use and which skilled trades could benefit. Public bodies must assist as needed. The Secretary reports to the General Assembly by November 1, 2027.

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

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote 3/10/2026

agreed to General Laws and Technology Substitute

Yes: 0 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • 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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