(Reprinted with amendments adopted on April 22, 2025)
SECOND REPRINT S.B. 443
- *SB443_R2*
SENATE BILL NO. 443–COMMITTEE ON
GROWTH AND INFRASTRUCTURE
MARCH 24, 2025
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to public works.
(BDR 28-1112)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public works; providing a declaration of
legislative intent regarding the payment of prevailing
wages to workers employed by a contractor or
subcontractor to perform construction work on certain
projects awarded by a public utility; requiring, with
certain exceptions, that a contractor or subcontractor who
is awarded a contract for construction work on certain
projects by a public utility to comply with prevailing
wage provisions applicable to public works, even if the
construction work does not qualify as a public work; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth general provisions applicable to public works, including 1
provisions requiring, with certain exceptions, the payment of prevailing wages for 2
public works projects. (NRS 338.013-338.090) Section 2 of this bill makes certain 3
declarations of legislative intent relating to the payment of prevailing wages to 4
workers employed by a contractor or subcontractor to perform construction work 5
on a significant operational or capital requirement project awarded by a public 6
utility. Section 3 of this bill requires, with certain exceptions, that a contractor or 7
subcontractor who is awarded a contract for construction work on a significant 8
operational or capital requirement project by a public utility to comply with 9
prevailing wage provisions applicable to public works, even if the construction 10
work does not qualify as a public work. Section 3 also defines “public utility” and 11
“significant operational or capital requirement project” for the purposes of that 12
section. 13
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. The Legislature hereby finds and declares that the 3
payment of prevailing wages to workers employed by a contractor 4
or subcontractor to perform construction work on a significant 5
operational or capital requirement project awarded by a public 6
utility is essential to: 7
1. Increasing the number of skilled construction workers in 8
this State; 9
2. Ensuring the highest quality of work on such projects; 10
3. Ensuring the safe and timely completion of such projects; 11
and 12
4. Ensuring that the residents of this State have access to 13
safe, reliable and affordable energy resources. 14
Sec. 3. 1. Except as otherwise provided in subsection 2, the 15
provisions of NRS 338.013 to 338.090, inclusive, apply to any 16
contract for construction work awarded by a public utility to a 17
contractor or subcontractor on a significant operational or capital 18
requirement project, even if the construction work does not qualify 19
as a public work, as defined in NRS 338.010. 20
2. The provisions of subsection 1 do not apply to a contract 21
awarded by a public utility where the primary construction work 22
will be performed by a contractor with: 23
(a) A collective bargaining agreement; 24
(b) A project labor agreement; or 25
(c) A worksite agreement that provides for the construction of 26
a significant operational or capital requirement project, or for the 27
maintenance of, or other going work to be performed upon 28
completion of, a significant operational or capital requirement 29
project. 30
3. As used in this section: 31
(a) “Public utility” means a utility that purchases natural gas 32
for retail and an electric utility as defined in NRS 704.7571. 33
(b) “Significant operational or capital requirement project” 34
means: 35
(1) The construction or replacement of a natural gas 36
pipeline approved in a plan submitted pursuant to NRS 704.991; 37
or 38
(2) The construction of a new generation electric utility 39
facility of not less than 50 megawatts and that is approved in a 40
plan submitted pursuant to NRS 704.741. 41
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Sec. 4. The provisions of section 3 of this act do not apply to 1
any contract entered into before October 1, 2025. 2
H