VirginiaSB3242026 Regular SessionSenateWALLET

Virginia Public Procurement Act; additional public works contract requirements.

Sponsored By: Jeremy S. McPike (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 HB 1046.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Study on apprentices for public works

Starting July 1, 2026, the Secretary of Labor runs an 18‑month study on whether to require apprentices on public works. All public bodies must assist. The Secretary must report to the General Assembly by November 1, 2027.

New rules for independent contractors on big jobs

On state construction contracts over $5,000,000, a contractor, subcontractor, or other party may not pay more than one independent contractor unless the state gives written approval. The approval must show a good‑faith effort to hire employees, that direct hire is not feasible because the work is specialized and needs significant investment, and that independent contractors got adequate written notice. For local public‑body jobs over $5,000,000, the prime must notify the locality in writing which independent contractors are used (trade and contact) and show it met those same criteria. Normal subcontracting is allowed to a bona fide firm that uses its own employees and follows these rules. Anyone who pays an independent contractor on a covered job must give a written notice that explains their contractor status, self‑employment tax, lack of employee protections, employer duties if they hire staff, required licenses/registrations, how to file a misclassification complaint, and the work to be performed. The state will publish guidance by July 1, 2027 to help with these approval decisions.

Safety training and clean records

Public construction contractors and all tiers of subs must show workers completed required OSHA safety training. They must also show no more than one adverse decision, award, judgment, or settlement over $25,000 in the past three years under listed labor and wage laws (like NLRA, FLSA, Davis‑Bacon, and Virginia Minimum Wage Act). These rules apply to covered contracts that start after July 1, 2027.

When these construction rules apply

These public‑works rules apply to construction contracts that start after July 1, 2027. They apply to all counties, cities, and school divisions, and to towns with more than 3,500 people. Transportation‑related construction projects are excluded.

Colleges with MOUs must post bids

A public college that seeks an MOU for restructured authority must post all bids, RFPs, sole‑source notices, and emergency award notices on the state’s central site. The college must also agree to follow the new public‑works contract rules.

Sponsors & Cosponsors

Sponsor

  • Jeremy S. McPike

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 366 • No: 214

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 34

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

Senate vote 3/14/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

House vote 3/14/2026

Conference report agreed to by House

Yes: 61 • No: 35

Senate vote 3/4/2026

Senate acceded to request Block Vote

Yes: 40 • No: 0

Senate vote 2/27/2026

House substitute rejected by Senate

Yes: 0 • No: 38

House vote 2/25/2026

Passed House with substitute

Yes: 64 • No: 34

House vote 2/20/2026

Reported from Appropriations with substitute

Yes: 15 • No: 7

Senate vote 2/6/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote 2/5/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/4/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/4/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/3/2026

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 5

Senate vote 1/21/2026

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

Yes: 9 • No: 6

Actions Timeline

  1. House concurred in Governor's recommendation (64-Y 34-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP1002)

    4/22/2026Governor
  4. Reenrolled bill text (SB324ER2)

    4/22/2026Senate
  5. Approved by Governor-Chapter 1002 (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 Senate

    4/11/2026Governor
  10. Fiscal Impact Statement from Department of Planning and Budget (SB324)

    3/31/2026Senate
  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

    3/31/2026Senate
  13. Signed by Speaker

    3/31/2026House
  14. Bill text as passed Senate and House (SB324ER)

    3/30/2026Senate
  15. Enrolled

    3/30/2026Senate
  16. Signed by President

    3/30/2026Senate
  17. Fiscal Impact Statement from Department of Planning and Budget (SB324)

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

    3/14/2026Senate
  19. Conference report agreed to by House (61-Y 35-N 0-A)

    3/14/2026House
  20. Conference Report released

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

    3/6/2026House
  22. Conferees appointed by House

    3/6/2026House
  23. Senate acceded to request Block Vote (40-Y 0-N 0-A)

    3/4/2026Senate
  24. Senate Conferees: McPike, Pekarsky, Craig

    3/4/2026Senate
  25. Conferees appointed by Senate

    3/4/2026Senate

Bill Text

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