Revises provisions governing public works projects. (BDR 28-816)
Summary
AB 213 revises Nevada’s public works and related performance-contract laws to extend prevailing wage protections to workers who perform “custom fabrication” for public projects. The bill defines “custom fabrication” as the manufacture, assembly, or other production of a nonstandard good or material made for a specific public work or performance contract, and it adds those workers to the statutory definition of “worker” for prevailing wage purposes. It also deems custom fabrication work to be performed on the public work regardless of where the fabrication occurs, which means off-site fabrication can still trigger Nevada prevailing wage requirements.
The bill also requires certain bidders seeking preferences on public works in counties with populations of 100,000 or more to certify that any nonstandard goods or materials used on the project will be custom fabricated in Nevada, and to maintain records available for inspection. Similar prevailing wage requirements are added for custom fabrication on local government and state agency performance contracts, as well as on projects financed or undertaken by the Tahoe-Douglas Visitor’s Authority. The new requirements generally apply to contracts awarded on or after January 1, 2026, and the bill authorizes rulemaking and administrative preparation immediately upon passage.
Impact
AB 213 expands the reach of Nevada’s prevailing wage laws in NRS Chapter 338 and related statutes by covering custom fabrication work tied to public works, performance contracts, and certain Tahoe-Douglas Visitor’s Authority projects. It also amends bidding-preference rules to require in-state custom fabrication of nonstandard goods or materials for qualifying public works in the state’s most populous counties, along with recordkeeping and enforcement provisions. Contractors, subcontractors, qualified service companies, and public bodies will need to adjust bidding, contracting, payroll, and compliance practices, while the Labor Commissioner and State Contractors’ Board may need to adopt or update regulations and oversight procedures.
Sentiment
The bill appears to have received generally favorable support, as reflected in passage by both chambers, though not unanimously. It passed the Assembly 26-15 and the Senate 13-8, indicating a clear majority in favor but meaningful opposition. The available record does not include committee testimony, so the discussion context is limited to the text and roll-call outcomes.
Contention
The main points of contention likely center on the bill’s expansion of prevailing wage coverage to off-site custom fabrication and its Nevada-only fabrication requirement for certain nonstandard materials on public works in larger counties. Supporters are likely to view the measure as protecting wages, supporting in-state fabrication jobs, and ensuring public projects use Nevada labor and records-based accountability. Opponents are likely to focus on increased project costs, administrative burdens, and potential bidding restrictions or supply-chain complications, especially for contractors and subcontractors working on public works and performance contracts.