Oregon Statutes 279A.803 – Requirements for qualified projects funded with moneys from American Rescue Plan Act of 2021; exceptions
(1) A public body that is carrying out a qualified project shall require each contractor in a contract with an estimated cost of $200,000 or greater to:
Terms Used In Oregon Statutes 279A.803
- Contract: A legal written agreement that becomes binding when signed.
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Enter into a project labor agreement that, at a minimum, provides for payment of wages at or above the prevailing rate of wage;
(b) Employ apprentices to perform 15 percent of the work hours that workers in apprenticeable occupations perform under the contract, in a manner consistent with the apprentices’ respective apprenticeship training programs;
(c) Establish and execute a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups; and
(d) Require any subcontractor engaged by the contractor to abide by the requirements set forth in paragraphs (a), (b) and (c) of this subsection, if the work to be performed under the subcontract has an estimated cost of $200,000 or greater.
(2) The requirements of subsection (1) of this section do not apply to a contract for a qualified project if the public body carrying out the qualified project demonstrates to the Oregon Department of Administrative Services that:
(a) The qualified project is primarily located in a county that is characterized as nonmetropolitan by the United States Office of Management and Budget; and
(b) Compliance with the requirements would, with respect to the contract:
(A) Cause significant expense or delay; or
(B) Limit the pool of bidders to fewer than three.
(3) As used in this section:
(a) ‘Apprentice’ has the meaning given that term in ORS § 660.010.
(b) ‘Apprenticeable occupation’ has the meaning given that term in ORS § 660.010.
(c) ‘Apprenticeship training program’ means the total system of apprenticeship that a particular local joint committee, as defined in ORS § 660.010, operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.
(d) ‘Minority individual’ has the meaning given that term in ORS § 200.005.
(e) ‘Prevailing rate of wage’ has the meaning given that term in ORS § 279C.800.
(f) ‘Public body’ has the meaning given that term in ORS § 174.109.
(g) ‘Qualified project’ means a project:
(A) For capital improvements to water, sewer, broadband or transportation infrastructure;
(B) That has an estimated project cost of at least $10 million; and
(C) That utilizes at least $750,000 of moneys made available to the state under the American Rescue Plan Act of 2021 (P.L. 117-2).
(h) ‘Veteran’ has the meaning given that term in ORS § 408.225.
(i) ‘Woman’ has the meaning given that term in ORS § 200.005. [2021 c.678 § 17]
279A.803 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 279A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
PENALTIES