Current through September 16, 2024
1. A qualified borrower shall ensure, with
respect to each contractor who is awarded a contract or enters into an
agreement to perform construction work on a qualified project for which all or
part of the costs of the qualified project are paid using a loan or other
financial assistance from the Bank, and each subcontractor who performs any
portion of the construction work on such a qualified project, that:
(a) Not less than 50 percent of the total
project work hours performed within each construction trade by employees of the
contractor or subcontractor are performed by residents of Nevada, with not less
than 15 percent of those project work hours performed within each construction
trade by employees of the contractor or subcontractor being performed by
disadvantaged workers.
(b) Not less
than 15 percent of the total project work hours performed within each
construction trade by employees of the contractor or subcontractor are
performed by apprentices, with not less than 5 percent of those project work
hours per trade being performed by first-year apprentices.
2. For the purpose of calculating project
work hours pursuant to subsection 1:
(a) A
first-year apprentice who is hired to perform work on the qualified project
shall be counted as a first-year apprentice for as long as he or she is
employed to perform work on the qualified project;
(b) An apprentice who graduates from his or
her apprenticeship program while employed to perform work on the qualified
project shall be counted as an apprentice for as long as he or she is employed
to perform work on the qualified project; and
(c) If an apprentice employed to perform work
on the qualified project is terminated because of a reduction in force by a
contractor or subcontractor and that apprentice is later dispatched by a union
or recalled to perform work for another contractor or subcontractor on the
qualified project, the apprentice shall be counted as an apprentice or
first-year apprentice to the same extent as if the apprentice was continuously
employed to perform work on the qualified project.
3. A qualified borrower that is unable to
comply with the project work hour requirements set forth in this section may
petition the Executive Director for an exemption from the requirements of this
section. Upon receipt of such a petition, the Executive Director may exempt the
qualified borrower from the requirements of this section if the Executive
Director finds that the inability of the qualified borrower to comply with the
requirements of this section is due to circumstances beyond the control of the
qualified borrower.
4. As used in
this section:
(a) "Apprentice" means a person
who is enrolled in an apprenticeship program recognized by the State
Apprenticeship Council and is covered by a written agreement, issued pursuant
to the apprenticeship program with an employer, or with an association of
employers or an organization of employees acting as agent for an
employer.
(b) "Disadvantaged worker"
means a resident of Nevada who:
(1) Resides in
a census tract within this State that, in the immediately preceding census, had
a rate of unemployment that was greater than 150 percent of the State average,
as reported by the Department of Employment, Training and
Rehabilitation;
(2) At the time of
commencing work on the qualified project has a household income of not more
than 80 percent of the area median income based on the guidelines published by
the United States Department of Housing and Urban Development; or
(3) Faces or has overcome at least one of the
following barriers to employment:
(I)
Homelessness;
(II) Being a parent
with sole physical and legal custody of a child;
(III) Receiving public assistance, as defined
in
NRS
422A.065;
(IV) Lacking a general educational
development certificate or an equivalent document or a high school
diploma;
(V) Speaking English as a
second language as demonstrated by participation in a vocational English as a
second language program; or
(VI)
Having a prior criminal record or other involvement with the criminal justice
system.
(c)
"Project work" means construction work performed on a qualified
project.
(d) "Project work hours"
means the total hours of project work by all apprentices and journey-level
workers, whether employed by the contractor or any subcontractor.
(e) "Resident of Nevada" means a person who
has established residence in Nevada and has actually resided in this State for
at least 30 days.
Added to NAC by Dep't of Transportation by
R017-22A,
eff. 4/19/2022
NRS
408.55071
