Section 296-05-329. Certification of apprentice labor standard on renewable energy projects.

The WSATC shall establish the minimum level of apprentice labor hours to qualify for the renewable energy credit pursuant to RCW 19.285.040 (2)(h)(ii) and provide, upon sufficient evidence presented, a letter certifying that the renewable energy project met the apprentice labor standard. This section outlines information and required elements for the WSATC apprentice labor standard certification process. These provisions shall be in effect for projects that commence on or after July 1, 2011.

(1) The minimum level of Washington approved apprentice labor hours necessary to qualify for WSATC apprentice labor certification is fifteen percent of the total labor hours used in the construction of the renewable energy project (WAC 194-37-120(1)).

(a) "Washington approved" extends to reciprocally recognized programs.

(b) The WSATC adopts the definition of "labor hours" as presented in RCW 39.04.310(3) with the noted exception below:

Exception:	Hours worked by foremen, superintendents, owners, and workers who are not subject to prevailing wage requirements must be reported and included in the total labor hours if such individual is counted in satisfying the required apprentice to journey supervision ratio as stated in the standards of apprenticeship.

(c) The WSATC will defer to the prevailing wage statute (chapters 39.04 and 39.12 RCW and 296-127 WAC) as it defines "work" on a site.

(d) Apprentice registration number and occupation title must be provided in tracking documentation for all apprentices on the project.

(2) A letter of intent to request the apprentice labor standard certification is required within forty-five days of the start of on-site construction for a generation facility or work on incremental efficiency improvements. Send letters of intent to:

Washington State Apprenticeship & Training Council

Attn: Program Manager, Apprenticeship Section

P.O. Box 44530

Olympia, WA 98504-4530

Include the following information with the letter of intent:

(a) Name and location of the renewable energy project;

(b) A description of the scope of the project and estimated total labor hours;

(c) Anticipated start and completion dates;

(d) Anticipated date for final records to be submitted to the department; and

(e) Plan to record all apprentice and journey labor hours by occupation and employer for the project.

The WSATC may grant exceptions to the letter of intent requirement for a period of two years from the effective date of this rule.

(3) For the WSATC to act upon the request for certification of apprentice labor standard at a regular quarterly meeting, the request and documentation must be submitted in writing to the supervisor at least forty-five calendar days before the next regular quarterly meeting. Documentation required includes:

(a) The name of each registered apprentice, his/her occupational title and apprentice registration number;

(b) The number of apprentices and labor hours worked, categorized by occupational title and employer;

(c) The number of journey level workers and labor hours worked, categorized by occupational title and employer;

(d) Copies of weekly or monthly reporting forms used to capture the required information throughout the project duration. This must be supported by certified payroll records (electronic copies are acceptable); and

(e) A statement affirming that reported hours reflect all hours worked on the project as defined in subsection (1)(b) of this section.

Sample affirmation statement: On the (insert name of project), I do hereby affirm that the reported hours presented with this letter reflect all labor hours as defined in WAC 296-05-329 (1)(b) for this project.

(4) The department will review the apprentice labor standard request and supportive records and make a recommendation to the WSATC. Following consideration and action by the WSATC, the chair of the WSATC will provide a letter to the requesting party within thirty calendar days either:

(a) Certifying that the project met the apprentice labor standard of at least fifteen percent of the total labor hours;

(b) Denying the request for certification and providing the reasons for denial; or

(c) Requiring additional information for reconsideration of the request at the next regularly scheduled meeting.

(5) The Washington department of labor and industries, apprenticeship section will maintain a list of renewable energy projects that achieve fifteen percent cumulative level of apprenticeship labor.

[Statutory Authority: Chapter 49.04 RCW and RCW 19.285.040. WSR 11-11-002, § 296-05-329, filed 5/4/11, effective 7/25/11.]

Chapter 49.04 RCW and RCW 19.285.040. WSR 11-11-002, § 296-05-329, filed 5/4/11, effective 7/25/11.

Rules

194-37-120,296-127,