2026 SESSION

SENATE SUBSTITUTE

26105875D

SENATE BILL NO. 366

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on General Laws and Technology

on January 21, 2026)

(Patron Prior to Substitute—Senator Carroll Foy)

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 43 of Title 2.2 a section numbered 2.2-4302.3, relating to Virginia Public Procurement Act; additional public works contract requirements.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 43 of Title 2.2 a section numbered 2.2-4302.3 as follows:

§ 2.2-4302.3. Additional public works contract requirements.

A. For the purposes of this section:

"Apprentice" means the same as that term is defined in § 2.2-2043.

"Capital outlay project" means the same as that term is defined in § 2.2-1515.

"Labor hours" means the total number of hours for all employees receiving an hourly wage who are directly employed on the site of a capital outlay project. "Labor hours" includes hours performed by employees employed by the contractor and all subcontractors working on the project. "Labor hours" does not include hours worked by foremen, superintendents, or owners.

B. For any capital outlay project, a public body shall require the contractor and its subcontractors to comply with the following requirements:

1. Completion of specified safety training programs established by the U.S. Department of Labor's Occupational Safety and Health Administration;

2. Maintenance of records of compliance with applicable local, state, and federal laws;

3. Participation in apprenticeship training programs approved by the Commonwealth or the U.S. Department of Labor; and

4. Demonstration in writing that at least one apprentice has been hired and internal policies have been created that track and increase apprentice labor hours.

C. The provisions of this section shall not apply to transportation-related construction projects.

2. That the provisions of this act shall become effective on July 1, 2027.