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AB 213

Revises provisions governing public works projects. (BDR 28-816)

2025 Regular Session Introduced by Daniele Monroe-Moreno

Expands Nevada's prevailing wage to cover workers performing custom fabrication for public works, and adds in-state fabrication and recordkeeping for bidding preferences.

Vetoed by the Governor.
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Bill Summary · AB 213

AB 213 — Summary (2025 session)

Title: Revises provisions governing public works projects (BDR 28-816)
Primary sponsor: Assemblymember Daniele Monroe‑Moreno
Status: Enrolled and delivered to Governor June 2, 2025; vetoed by the Governor June 10, 2025

Main purpose / intent

AB 213 would have expanded Nevada’s prevailing wage law to require payment of prevailing wages to workers who perform “custom fabrication” of nonstandard goods or materials that are manufactured for a specific public work. It also added in‑state fabrication and recordkeeping certifications as a condition for receiving certain bidding preferences on some public works.

Key provisions

  • Defines “custom fabrication” and “nonstandard good or material” (manufacture, assembly, or production of items made for a specific public work). Examples listed include air‑conditioning systems, heating systems, plumbing/pipe fitting, sheet metal products, signage (illuminated or not), and ventilation systems.
  • Revises the statutory definition of “worker” to include persons who perform custom fabrication for a public work.
  • Requires prevailing wage (as determined by the Labor Commissioner) be paid to workers who perform custom fabrication:
    • on public works contracts (NRS Chapter 338);
    • on specified performance contracts of local governments and state agencies (NRS 332.390, 333A.120);
    • on projects financed or undertaken by the Tahoe‑Douglas Visitor’s Authority (where prevailing wage already applies).
  • Clarifies that workers performing custom fabrication for a Nevada public work are considered employed on that public work regardless of where the fabrication physically occurs.
  • Adds an affidavit/certification (NRS 338.0117) required to obtain certain bidding preferences for public works located in a county with population ≥100,000 (currently Clark and Washoe Counties). The certification requires contractors/design‑build teams to:
    1. ensure that each procured nonstandard good or material is custom fabricated in Nevada; and
    2. maintain and make available in‑state records concerning each nonstandard good or material.
  • Effective date carve‑out: the prevailing wage requirement would not apply to public works or performance contracts awarded before January 1, 2026.
  • Bill was labeled as containing an unfunded mandate; fiscal notes indicate potential effects on state and local government costs.

Who would be affected

  • Public agencies and local governments financing or sponsoring public works — potential higher contract costs.
  • Contractors, subcontractors, and design‑build teams bidding on public works in Nevada (especially in Clark and Washoe Counties) — additional certification, in‑state fabrication requirement, and recordkeeping obligations.
  • Fabricators and manufacturers (e.g., sheet‑metal shops, signage manufacturers, HVAC/plumbing fabricators) — workers performing off‑site custom fabrication would become subject to prevailing wage rules.
  • Projects under the Tahoe‑Douglas Visitor’s Authority would be explicitly covered.

Procedural history / timeline (selected)

  • Introduced / read first time: January 8, 2025 (prefiled Feb 3, 2025).
  • Passed Assembly: March 20, 2025 (Ayes 53, Noes 17).
  • Amended in Assembly and Senate (notable amendments: Assembly Amendment No. 279; Senate Amendment No. 699; conceptual amendments April 10 and May 9 clarifying certifications and deeming off‑site fabricators employed on the public work).
  • Passed Senate as amended: May 30, 2025 (Yeas 13, Nays 8).
  • Enrolled and delivered to Governor: June 2, 2025.
  • Vetoed by Governor: June 10, 2025.

Fiscal and policy considerations

  • The Legislature’s fiscal notes flagged potential increased costs to state and local governments and described the measure as containing an unfunded mandate.
  • Supporters framed the bill as closing a gap so that specialized fabrication labor associated with public works receives prevailing wages.
  • Opponents (e.g., Nevada Policy testimony) warned the expansion could raise project costs, burden manufacturers that do not work on job sites, and increase procurement complexity; they pointed to concerns with prevailing wage determinations and potential cost premiums.

This summary focuses on substantive changes and likely effects had the bill been enacted.

Compiled from official sources — confirm details with the bill’s official record.

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