| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to establishing fenestration certification requirements for certain public works contracts; |
| Bill Description | Establishing fenestration certification requirements for certain public works contracts. |
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What this bill does
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This bill adds a new section to chapter 39.04 RCW that creates minimum fenestration certification requirements for certain public works contracts and reenacts and amends RCW 39.04.350 to expand bidder responsibility criteria and procedures. For public works projects that involve installation, alteration, repair, remodeling, or improvement of a fenestration product or system, the new section applies when the project estimate is $25,000,000 or more for new construction or $5,000,000 or more for alteration/repair/remodeling. For contracts awarded on or after January 1, 2028, specifications must require the contractor to hold a national glazing contractor certification and to employ at least one worker or supervisor with a national technician certification; for contracts awarded on or after January 1, 2029, at least 25 percent of employees performing fenestration work on the project must hold a national technician certification. Compliance must be documented in the bid submittal and is a condition of award and payment. The bill defines key terms (for example, “fenestration product or system,” “national glazing contractor certification,” and “national technician certification”).
The bill also imposes expanded bidder responsibility and procedural requirements. It requires bidders either to have completed at least one public works project in the prior three years without citation for certain violations or to have a designated employee or officer who completed L&I‑approved public works and prevailing wage training in the prior three years. The Department of Labor and Industries (L&I) must provide or approve the training, keep and publish records of those who completed it, and publish information to help contracting agencies verify compliance. Bidders must submit a signed, sworn statement certifying compliance with specified responsibility criteria; for projects subject to apprenticeship utilization requirements bidders must submit an apprentice utilization plan before receiving the notice to proceed, and L&I must provide a plan template and publish completed plans. The bill allows state or local agencies to adopt supplemental bidder responsibility criteria, sets appeal procedures when a bidder is found not responsible (including a two-business-day waiting period before awarding the contract to another bidder), and directs the Capital Projects Advisory Review Board to develop suggested guidelines for supplemental criteria.
Legally, the bill creates new qualification requirements for contractors and workers on covered fenestration projects and makes procedural changes to bidder responsibility rules (amendment and reenactment of existing statute RCW 39.04.350). It does not create a new criminal offense in the extracted text; it imposes eligibility and documentation conditions tied to award and payment. According to the provided extracts, sections 1 and 2 of the act take effect January 1, 2027, section 2 expires July 1, 2027, and section 3 takes effect July 1, 2027, while the fenestration certification milestones are stated to begin January 1, 2028 and January 1, 2029. The provided material is incomplete: parts of the bill are missing or cut off (including full language of some subsections, the reason for multiple reenactments/amendments, and some effective or expiration language), so some details and any additional provisions, penalties, or enforcement mechanisms that may appear elsewhere in the bill are not available here.
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Why it matters
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Large public construction projects that install or modify windows, skylights, glass, or glazing systems and meet the bill’s cost thresholds will likely see contractors pushed to hire, train, and certify more of their fenestration workforce. Starting in the timelines shown, contractors must hold a nationally accredited glazing contractor credential and have certified technicians on staff, rising to a requirement that roughly one quarter of fenestration workers be nationally certified. That will raise labor and training costs for affected contractors, narrow the pool of eligible bidders for those projects, change how bidders prepare bids (they must document certification and responsibility criteria up front), and increase administrative work for awarding agencies that must verify compliance and handle apprenticeship plans and appeals.
The biggest impacts fall on contractors who do fenestration work on large public projects, their fenestration workers who would need certification, and the Department of Labor and Industries which must provide training, keep public records, and publish apprentice plan templates and completed plans; contracting agencies and the Capital Projects Advisory Review Board will take on new review and guideline tasks. Some timing and procedural details are unclear from the provided text (including how the numbered sections’ stated 2027 effective or expiration dates interact with the 2028 and 2029 certification deadlines and other omitted provisions), so exact implementation timelines and enforcement steps could change once the full bill text is available.
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| Official Documents | View Full Bill Text |