| Chapter 249 |
| 2024 -- H 7105 SUBSTITUTE A Enacted 06/24/2024 |
| A N A C T |
| RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES |
Introduced By: Representatives Bennett, McNamara, Carson, Hull, Edwards, Corvese, Baginski, Kazarian, O'Brien, and Ackerman |
| Date Introduced: January 10, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 37-2-82 of the General Laws in Chapter 37-2 entitled "State |
| Purchases" is hereby amended to read as follows: |
| 37-2-82. Utilization of North American Contractor Certification companies. |
| (a) All public works renovation projects that exceed an aggregate amount of one million |
| dollars ($1,000,000), and all new construction projects that exceed an aggregate amount of five |
| million dollars ($5,000,000), that include glazing work, shall have glazing work performed by |
| North American Contractor Certification (“NACC”) certified companies and initially, on and after |
| July 1, 2024, shall have one architectural glass and metal technician (“AGMT”) certified worker |
| employed by the company or contractor. On and after January 1, 2025, each crew performing work |
| that meets the criteria of this section shall have one AGMT certified worker on site. On and after |
| January 1, 2026, for each crew performing work that meets the criteria of this section, twenty-five |
| percent (25%) of that crew shall be comprised of AGMT certified individuals on site. On and after |
| January 1, 2027, for each crew performing work that meets the criteria of the section, fifty percent |
| (50%) of that crew shall be comprised of AGMT certified individuals on site. |
| (b) As used herein, the term “glazing work” includes, but is not limited to, replacement and |
| installation of windows, curtain walls, interior glass partitions, glass handrails, aluminum |
| entrances, skylights, store fronts, and general installation of architectural glass and metal. |
| (c)(1) The department of labor and training shall enforce the provisions of this chapter. If |
| the director, or designee, determines that a violation of these provisions has occurred, the director, |
| or designee, shall order a hearing at a time and place to be specified, and shall give notice, together |
| with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon |
| investigation, which notice shall be served personally or by mail on any person, business, |
| corporation, or entity of any kind affected thereby. |
| (2) The person, business, corporation, or entity shall have an opportunity to be heard in |
| respect to the matters complained of at the time and place specified in the notice. |
| (3) The hearing shall be conducted by the director, or designee. The hearing officer in the |
| hearing shall be deemed to have jurisdiction and dispositive authority to hear and adjudicate the |
| matter, and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The |
| enforcement of a subpoena issued under this section shall be regulated by civil practice law and the |
| rules of civil procedure. The hearing shall be expeditiously conducted and upon such hearing the |
| hearing officer shall determine the issues raised and shall make a determination and enter an order |
| within thirty (30) days of the close of the hearing, and forthwith serve a copy of the order, with a |
| notice of the filing, upon the parties to the proceeding, personally or by mail. |
| (4) The order shall dismiss the complaint or determine that a violation of the provisions of |
| this chapter occurred. The order shall represent a final action by the department of labor and |
| training. |
| (d) Any contractor or subcontractor determined to have violated the provisions of this |
| chapter shall be subject to a civil penalty of not less than one thousand five hundred dollars ($1,500) |
| and not greater than three thousand dollars ($3,000), and shall be subject to the revocation of any |
| relevant professional or occupational license, if the violation is deemed to have been intentional or |
| egregious. |
| (e) This section is applicable to all public works projects that fit the other criteria as |
| provided in this section. |
| SECTION 2. This act shall take effect on January 30, 2025. |
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| LC003630/SUB A/2 |
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