HB 864

WES MOORE, Governor  Ch. 410
Chapter 410
  (House Bill 864)
AN ACT concerning
  Public Works Contracts – Apprenticeship Requirements
  (Maryland Workforce Apprenticeship Utilization Act)
FOR the purpose of altering certain apprenticeship requirements relating to public works
     contracts to require certain contractors and subcontractors to employ a certain
     number of qualified qualifying new apprentices or journeyworkers necessary to meet
     a certain applicable percentage for the project; altering which projects are subject to
     certain apprenticeship requirements; repealing altering certain provisions of law
     that authorize contractors and subcontractors to make certain payments to a certain
     apprenticeship program in lieu of employing certain apprentices; requiring the
     Secretary of Labor to annually establish a certain applicable percentage; authorizing
     the Secretary to waive certain requirements under certain circumstances;
     establishing that certain apprenticeship requirements apply to the University
     System of Maryland and Baltimore City Community College; and generally relating
     to apprenticeship requirements for public works contracts.
BY repealing and reenacting, with amendments,
      Article – State Finance and Procurement
      Section 11–203(e), 17–601, 17–602, 17–603, 17–604, 17–605, and 17–606
      Annotated Code of Maryland
      (2021 Replacement Volume and 2025 Supplement)
BY adding to
     Article – State Finance and Procurement
     Section 17–601.1, 17–602.1, 17–604.1, 17–605.1, and 17–607
     Annotated Code of Maryland
     (2021 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
      Article – State Finance and Procurement
      Section 17–602
      Annotated Code of Maryland
      (2021 Replacement Volume and 2025 Supplement)
      SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
  Article – State Finance and Procurement
11–203.
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Ch. 410  2026 LAWS OF MARYLAND
     (e)   (1)   In this subsection, “University” means the University System of
Maryland, Morgan State University, or St. Mary’s College of Maryland.
  (2)   Except as otherwise provided in this subsection, this Division II does
not apply to the University System of Maryland, Morgan State University, St. Mary’s
College of Maryland, or Baltimore City Community College.
  (3)  (i)    A procurement by a University or Baltimore City Community
College shall comply with the policies and procedures developed by the University or
Baltimore City Community College and approved by the Board of Public Works and the
Administrative, Executive, and Legislative Review Committee of the General Assembly in
accordance with:
  1.     § 12–112 of the Education Article for the University
System of Maryland;
  2.     § 14–109 of the Education Article for Morgan State
University;
  3.     § 14–405(f) of the Education Article for St. Mary’s College
of Maryland; or
  4.     § 16–505.3 of the Education Article for Baltimore City
Community College.
  (ii)   1.     The review and approval of the Board of Public Works
shall be required for the following types of contracts with a value that exceeds $1,000,000
for a University or $500,000 for Baltimore City Community College:
  A.     capital improvements; and
  B.     services.
  2.     In its review of a contract for services or capital
improvements with a value that exceeds $1,000,000, the Board of Public Works may request
the comments of the appropriate agencies, including the Department of Budget and
Management and the Department of General Services.
  3.    For Baltimore City Community College contracts that are
not subject to the review and approval of the Board of Public Works under subsubparagraph
1 of this subparagraph:
  A.     contracts with a value of $100,000 or less shall be reviewed
and approved by the President of Baltimore City Community College or the President’s
designee; and
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  WES MOORE, Governor  Ch. 410
  B.   contracts with a value that exceeds $100,000 but does not
exceed $500,000 shall be approved by the Board of Trustees of Baltimore City Community
College.
  (4)    The policies of a University or Baltimore City Community College shall:
  (i)    to the maximum extent practicable, require the purchasing of
supplies and services in accordance with Title 14, Subtitle 1 of this article;
  (ii) promote the purposes of the regulations adopted by the
Department of General Services governing the procurement of architectural and
engineering services;
  (iii)   promote the purposes of § 13–402 of the State Personnel and
Pensions Article;
  (iv)    to the maximum extent practicable, be similar to § 13–218.1 of
this article; and
  (v)    to the maximum extent practicable, require the procurement of
food in accordance with Title 14, Subtitle 7 of this article.
  (5)    (i)    Except as provided in paragraph (7) of this subsection, the
following provisions of Division II of this article apply to a University and to Baltimore City
Community College:
  1.    § 11–205 of this subtitle (“Collusion”);
  2.    § 11–205.1 of this subtitle (“Falsification, concealment,
etc., of material facts”);
  3.  §   13–219    of   this   article   (“Required   clauses   –
Nondiscrimination clause”);
  4.    § 13–225 of this article (“Retainage”);
  5.    Title 14, Subtitle 3 of this article (“Minority Business
Participation”);
  6.    Title 14, Subtitle 7 of this article (“Certified Local Farm
and Fish Program”);
  7.    Title 15, Subtitle 1 of this article (“Procurement Contract
Administration”);
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 Ch. 410  2026 LAWS OF MARYLAND
  8.   § 15–226 of this article (“Policy established; timing of
payments; notice upon nonpayment; disputes; appeals”); [and]
  9.     Title 16 of this article (“Suspension and Debarment of
Contractors”); AND
  10.    TITLE    17,
  SUBTITLE 6 OF THIS ARTICLE
(“APPRENTICESHIP REQUIREMENTS FOR PUBLIC WORKS CONTRACTS”).
  (ii)    Except as provided in paragraph (7) of this subsection, Title 14,
Subtitle 8 of this article (“Employee Stock Ownership Plan Preference Program”) applies to
Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community
College.
  (iii) If a procurement violates the provisions of this subsection or
policies adopted in accordance with this subsection, the procurement contract is void or
voidable in accordance with the provisions of § 11–204 of this subtitle.
  (6)    (i)    The State Board of Contract Appeals shall have authority over
contract claims related to procurement contracts awarded by:
  1.     the University System of Maryland before July 1, 1999;
  2.     Morgan State University before July 1, 2004; and
  3.     Baltimore City Community College before July 1, 2021.
  (ii)   At the election of the Board of Regents of the University System
of Maryland and subject to the approval of the Board of Public Works, the State Board of
Contract Appeals shall have authority over contract claims related to procurement
contracts awarded by the University after June 30, 1999.
  (iii) At the election of the Board of Regents of Morgan State
University and subject to the approval of the Board of Public Works, the State Board of
Contract Appeals shall have authority over contract claims related to procurement
contracts awarded by the University after June 30, 2004.
  (iv) At the election of the Board of Trustees of St. Mary’s College of
Maryland and subject to the approval of the Board of Public Works, the State Board of
Contract Appeals shall have authority over contract claims related to procurement
contracts awarded by St. Mary’s College of Maryland after June 30, 2006.
  (v)   At the election of the Board of Trustees of Baltimore City
Community College and subject to the approval of the Board of Public Works, the State
Board of Contract Appeals shall have authority over contract claims related to procurement
contracts awarded by Baltimore City Community College after June 30, 2021.
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  WES MOORE, Governor  Ch. 410
  (7)     Except with regard to the provisions of § 15–113 of this article,
paragraphs (3), (4), and (5) of this subsection do not apply to:
  (i)     procurement by a University or Baltimore City Community
College from:
  1.    another unit;
  2.    a political subdivision of the State;
  3.    an agency of a political subdivision of the State;
  4.    a government, including the government of another state,
of the United States, or of another country;
  5.    an agency or political subdivision of a government; or
  6.    a   bistate,     multistate,   bicounty,   or   multicounty
governmental agency;
  (ii)    procurement by a University in support of enterprise activities
for the purpose of:
  1.    direct resale;
  2.    remanufacture and subsequent resale; or
  3.    procurement by the University for overseas programs; or
  (iii)   procurement by the University System of Maryland for:
  1.     services of managers to invest, in accordance with the
management and investment policies adopted by the Board of Regents of the University
System of Maryland, gift and endowment assets received by the University System of
Maryland in accordance with § 12–104(e) of the Education Article; or
  2.    expenditures to manage, maintain, and enhance, in
accordance with the management and investment policies adopted by the Board of Regents
of the University System of Maryland, the value of gift and endowment assets received by
the University System of Maryland in accordance with § 12–104(e) of the Education Article.
17–601.
      (a)    In this subtitle the following words have the meanings indicated.
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Ch. 410  2026 LAWS OF MARYLAND
       (B)“APPLICABLE PERCENTAGE” MEANS THE PERCENTAGE OF TOTAL
LABOR HOURS OF WORK ON A COVERED PROJECT, INCLUDING CONSTRUCTION,
ALTERATION, AND REPAIR WORK, PERFORMED BY AN A QUALIFYING APPRENTICE
OR A JOURNEYWORKER ESTABLISHED UNDER § 17–602.1 OF THIS SUBTITLE.
      [(b)] (C)     “Apprenticeship training program” means an apprenticeship training
program that:
  (1)   is registered with, and approved by, the Apprenticeship and Training
Council or the U.S. Department of Labor; AND
  (2)   COMPLIES WITH THE REQUIREMENTS OF 29 C.F.R. PART 29 AND
PART 30.
       [(c)] (D)  “Covered craft” means a classification of workers listed in the prevailing
wage determination applicable to the covered project.
       [(d)] (E)  “Covered project” means a project for the construction of a public work[,
as defined under § 17–201 of this title, that is valued at $500,000 or more ] THAT IS
SUBJECT TO SUBTITLE 2 OF THIS TITLE.
       [(e)] (F)    “Department” means the Maryland Department of Labor.
       [(f)] (G)   “Fund” means the State Apprenticeship Training Fund established
under § 17–602 of this subtitle.
       (H)“LABOR HOURS” MEANS THE TOTAL NUMBER OF HOURS DEVOTED TO
THE PERFORMANCE OF CONSTRUCTION, ALTERATION, OR REPAIR WORK BY ANY
INDIVIDUAL AND EXCLUDES HOURS WORKED BY:
  (1)   FOREMEN;
  (2)   SUPERINTENDENTS;
  (3)   OWNERS; OR
  (4)
  ANY PERSON EMPLOYED IN A BONA FIDE EXECUTIVE,
ADMINISTRATIVE, OR PROFESSIONAL CAPACITY, AS DEFINED IN 29 C.F.R. PART
541.
      [(g)] (I)    “Participates in an apprenticeship training program” means that a
contractor or subcontractor makes regular financial contributions for each covered craft to
apprenticeship training programs for covered crafts during the term of the covered project
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  WES MOORE, Governor  Ch. 410
that are at least equal to the hourly fringe benefit contribution rates required for
apprenticeship training by the applicable prevailing wage determination for the project, as
specified by the Secretary.
      (J) “QUALIFIED QUALIFYING APPRENTICE OR JOURNEYWORKER” MEANS
AN INDIVIDUAL WHO:
  (1)
  HAS GRADUATED FROM A REGISTERED APPRENTICESHIP
TRAINING PROGRAM WITHIN 3 YEARS BEFORE THE START DATE OF THE COVERED
PROJECT; OR
  (2)
  IS CURRENTLY COMPLETING, OR HAS COMPLETED WITHIN 3 YEARS
BEFORE THE START DATE OF THE COVERED PROJECT, THE EQUIVALENT OF AN
APPRENTICESHIP IN LENGTH AND CONTENT OF WORK EXPERIENCE AND ALL
REQUIREMENTS IN THE APPRENTICESHIP STANDARDS FOR A CRAFT; OR
  (2) (3)      IS   PARTICIPATING     ENROLLED       IN   AN   A   REGISTERED
APPRENTICESHIP TRAINING PROGRAM.
      (K)    “QUALIFIEDAPPRENTICESHIP–CONNECTED      APPRENTICESHIP
PROGRAM” MEANS A PREAPPRENTICESHIP PROGRAM, APPRENTICESHIP PROGRAM,
OR WORKFORCE DEVELOPMENT PROGRAM THAT:
  (1) DEMONSTRATES THROUGH VERIFIABLE DATA OVER THE
PRECEDING 2 YEARS A CONSISTENT RECORD OF PLACING PARTICIPANTS INTO A
REGISTERED APPRENTICESHIP TRAINING PROGRAM; AND
  (2)IS AFFILIATED WITH OR PROVIDES PARTICIPANTS WITH ACCESS
TO A REGISTERED APPRENTICESHIP TRAINING PROGRAM THAT HAS A COMPLETION
RATE OF AT LEAST 25%, AS DETERMINED BY THE DEPARTMENT.
      [(h)] (K) (L) “Secretary” means the Secretary of Labor.
17–601.1.
      (A)    THISSUBTITLE APPLIES  ONLY    TO   CONTRACTORS    AND
SUBCONTRACTORS WHO EMPLOY FOUR OR MORE INDIVIDUALS TO PERFORM WORK
ON A COVERED PROJECT.
      (B)    NOTHING IN THIS SUBTITLE MAY PREEMPT A LOCAL LAW OR POLICY
PROVIDING FOR ADDITIONAL SKILLED AND TRAINED WORKFORCE REQUIREMENTS
ON PUBLIC WORKS PROJECTS.
17–602.
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 Ch. 410  2026 LAWS OF MARYLAND
       (a)     There is a State Apprenticeship Training Fund in the Department.
       (b)     The Fund consists of:
  (1)   payments made by contractors or subcontractors in accordance with
this subtitle and Subtitle 6A of this title;
  (2)    penalties collected as a result of violations of this subtitle and Subtitle
6A of this title; and
  (3)   penalties collected as a result of violations of Title 14, Subtitle 8 of this
article; AND
  (4)
  ANY MONEY FROM ANY OTHER SOURCE ACCEPTED FOR THE
BENEFIT OF THE FUND.
       (c)     The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this
article.
      (d)    The State Treasurer shall hold the Fund separately, and the Comptroller shall
account for the Fund.
       (e)     The Secretary shall use money in the Fund to:
  (1)   SUBJECT TO SUBSECTION (F) OF THIS SECTION, promote OR
SUPPORT preapprenticeship programs, APPRENTICESHIP PROGRAMS, and other
workforce development programs in the State’s public secondary schools and community
colleges that assist students in preparing for and entering apprenticeship training
programs; and
  (2)    pay any costs associated with carrying out the provisions of this subtitle
and Subtitle 6A of this title or Title 14, Subtitle 8 of this article.
       (F)
  FUNDS DISTRIBUTED UNDER SUBSECTION (E)(1) OF THIS SECTION
SHALL BE AWARDED ONLY TO QUALIFIED APPRENTICESHIP–CONNECTED
APPRENTICESHIP PROGRAMS.
17–602.1.
       (A)     FOR CONSTRUCTION ON A COVERED PROJECT FOR WHICH A PUBLIC
BODY ADVERTISES FOR BIDS OR PROPOSALS FOR A PUBLIC WORKS CONTRACT ON
OR AFTER JANUARY 1, 2027, THE APPLICABLE PERCENTAGE IS 20%.
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  WES MOORE, Governor  Ch. 410
    (B) (1) ON OR BEFORE DECEMBER 31, 2027 2028, AND EACH EVERY
OTHER DECEMBER 31 THEREAFTER, THE SECRETARY SHALL SET THE APPLICABLE
PERCENTAGE THAT WILL APPLY FOR THE FOLLOWING CALENDAR YEAR.
  (2)   THE
  APPLICABLE PERCENTAGE ADOPTED  UNDER     THIS
SUBSECTION SHALL BE BASED ON, OVER THE PREVIOUS 2 YEARS:
  (I)    ENROLLMENT IN STATE APPRENTICESHIP PROGRAMS; AND
  (II)   ACTUAL APPRENTICESHIP UTILIZATION ON PUBLIC WORKS
PROJECTS.
      (C)    THE SECRETARY MAY ALTER THE APPLICABLE PERCENTAGE FOR A
COVERED PROJECT TO MEET ANY RATIO REQUIREMENTS NECESSARY FOR
APPRENTICE OR JOURNEYWORKER SUPERVISION IN THE COVERED CRAFT.
17–603.
      (a)    A contractor that is awarded a procurement contract for a covered project shall
provide to a unit, as a condition of receiving the contract, written verification that:
  (1)   the contractor [participates in an apprenticeship training program for
each covered craft in which it will employ persons for the covered project ] AND IS
EMPLOYING THE NUMBER OF QUALIFIED QUALIFYING NEW APPRENTICES OR
JOURNEYWORKERS FOR A COVERED PROJECT NECESSARY  TO   MEET    THE
APPLICABLE PERCENTAGE FOR THE COVERED PROJECT; OR
  (2) the contractor will make payments to the Fund IN ACCORDANCE WITH
§ 17–605 OF THIS SUBTITLE[; or
  (3)   the contractor will make payments in amounts determined under §
17–605 of this subtitle to a registered apprenticeship program or to an organization that
has registered apprenticeship programs QUALIFIED APPRENTICESHIP PROGRAM for the
purpose of supporting these programs].
      (b)   The written verification required under subsection (a) of this section shall be
provided by a contractor to the unit responsible for the project before the contractor
commences performance under the procurement contract.
      [(c)   Organizations that have registered QUALIFIED apprenticeship programs and
receive funds from contractors under subsection (a)(3) of this section shall certify to the
Secretary that all funds received are used solely for the purpose of improving or expanding
apprenticeship training in the State.
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Ch. 410  2026 LAWS OF MARYLAND
       (d)   The Secretary shall adopt regulations to establish a process for auditing
organizations that provide registered QUALIFIED apprenticeship programs to ensure that
all funds received under subsection (a)(3) of this section are used solely to improve and
expand apprenticeship programs in the State.]
17–604.
       (a)    A subcontractor that performs work at a value exceeding the small
procurement amount specified in § 13–109 of this article for a covered project shall provide
to a unit written verification that:
  (1)    the subcontractor [participates in an apprenticeship training program
for each covered craft in which it will employ persons] AND IS EMPLOYING THE NUMBER
OF QUALIFIED QUALIFYING NEW APPRENTICES OR JOURNEYWORKERS FOR A
COVERED PROJECT NECESSARY TO MEET THE APPLICABLE PERCENTAGE for the
covered project; OR
  (2)the subcontractor will make payments to the Fund IN ACCORDANCE
WITH § 17–605 OF THIS SUBTITLE[; or
  (3)   the subcontractor will make payments in amounts determined under §
17–605 of this subtitle to a registered apprenticeship program or to an organization that
has registered apprenticeship programs QUALIFIED APPRENTICESHIP PROGRAM for the
purpose of supporting these programs].
      (b)    The written verification required under subsection (a) of this section shall be
provided by a subcontractor to the unit responsible for the project before the subcontractor
commences performance under the procurement contract.
       [(c) Organizations that have registered QUALIFIED apprenticeship programs and
receive funds from contractors under subsection (a)(3) of this section shall certify to the
Secretary that all funds received are used solely for the purpose of improving or expanding
apprenticeship training in the State.
       (d)   The Secretary shall adopt regulations to establish a process for auditing
organizations that provide registered QUALIFIED apprenticeship programs to ensure that
all funds received under subsection (a)(3) of this section are used solely to improve and
expand apprenticeship programs in the State.]
17–604.1.
      (A)IN THIS SECTION, “ALL APPLICABLE APPRENTICESHIP TRAINING
PROGRAMS” MEANS EACH APPRENTICESHIP TRAINING PROGRAM THAT HAS A
GEOGRAPHIC AREA OF OPERATION THAT INCLUDES THE LOCATION OF THE
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  WES MOORE, Governor  Ch. 410
COVERED PROJECT AND HAS A USUAL AND CUSTOMARY BUSINESS PRACTICE OF
ENTERING INTO AGREEMENTS WITH EMPLOYERS FOR THE PLACEMENT OF
APPRENTICES IN THE COVERED CRAFT.
     (B) THE SECRETARY MAY WAIVE THE REQUIREMENTS UNDER § 17–603 OR
§ 17–604 OF THIS SUBTITLE IF A CONTRACTOR OR SUBCONTRACTOR SUBMITS A
WRITTEN WAIVER APPLICATION, INCLUDING ANY SUPPORTING DOCUMENTATION
REQUIRED BY THE SECRETARY, DEMONSTRATING THAT THE CONTRACTOR OR
SUBCONTRACTOR:
  (1)
  SUBJECT TO SUBSECTION (C) OF THIS SECTION, HAS REQUESTED
QUALIFIED APPRENTICES FROM ALL APPLICABLE APPRENTICESHIP TRAINING
PROGRAMS; AND
  (2)    FOR EACH REQUEST:
  (I)
  THE REQUEST HAS BEEN DENIED FOR A REASON THAT IS
NOT THE RESULT OF A REFUSAL BY THE CONTRACTOR OR SUBCONTRACTOR TO
COMPLY WITH THE ESTABLISHED STANDARDS AND REQUIREMENTS OF THE
APPRENTICESHIP TRAINING PROGRAM; OR
  (II)
  THE APPRENTICESHIP TRAINING PROGRAM HAS FAILED TO
RESPOND TO THE REQUEST WITHIN 10 BUSINESS DAYS AFTER THE DATE ON WHICH
THE APPRENTICESHIP TRAINING PROGRAM RECEIVED THE REQUEST.
     (C) TO REQUEST QUALIFIED APPRENTICES FROM AN APPRENTICESHIP
TRAINING PROGRAM, A CONTRACTOR OR SUBCONTRACTOR SHALL SUBMIT:
  (1)
  A  REQUEST    BY  TELEPHONE  AND    IN    WRITING     SENT
ELECTRONICALLY AND BY REGISTERED MAIL; AND
  (2)A REQUEST TO AN APPRENTICESHIP TRAINING PROGRAM WITH
WHICH THE CONTRACTOR OR SUBCONTRACTOR DOES NOT HAVE AN EXISTING
PARTICIPATION AGREEMENT, AT LEAST 90 CALENDAR DAYS BEFORE THE DATE THE
CONTRACTOR OR SUBCONTRACTOR EXPECTS TO USE APPRENTICE LABOR.
17–605.
      (a)    (1)    A contractor or subcontractor [that elects to make payments to the
Fund in accordance with this subtitle] shall make payments, as determined by the
Secretary, not to exceed 25 cents per hour for each employee in each covered craft who is
employed by the contractor or subcontractor on the covered project, IF THE CONTRACTOR
OR SUBCONTRACTOR:
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 Ch. 410  2026 LAWS OF MARYLAND
  (I)
  ELECTS TO MAKE PAYMENTS TO THE FUND OR A QUALIFIED
APPRENTICESHIP PROGRAM IN ACCORDANCE WITH THIS SUBTITLE; OR
  (II)   FAILS TO MEET THEIR FULL QUALIFIED QUALIFYING NEW
APPRENTICE OR JOURNEYWORKER UTILIZATION REQUIREMENT UNDER THIS
SUBTITLE.
  (2)   If the prevailing wage determination for a covered craft includes a
fringe benefit contribution for apprenticeship programs that exceeds 25 cents, the
contractor or subcontractor shall pay the difference to the employees in the covered craft in
wages.
  (3)   Payments made under this section fulfill any obligations of the
contractor or subcontractor regarding contributions for apprenticeship programs included
in the prevailing wage determination under § 17–208 of this title.
  (4)    Payments made under paragraph (1) of this subsection are permissible
deductions under § 17–215(b) of this title.
  (5)    Payments made to the Fund in accordance with paragraph (1) of this
subsection shall be made on a monthly basis.
      (b)    (1)   If the Secretary determines that a contractor or subcontractor for a
covered project has made contributions to an apprenticeship training program at rates
lower than those required by this subtitle, OR HAS FAILED TO SATISFY THE QUALIFIED
QUALIFYING NEW APPRENTICE AND JOURNEYWORKER UTILIZATION REQUIREMENT
UNDER THIS SUBTITLE, the contractor or subcontractor shall make payments to the Fund
[for the] EQUAL TO THE PRO RATA difference between its contribution and the
contribution rate required by this subtitle.
  (2)    Payments made to the Fund in accordance with paragraph (1) of this
subsection shall be made on a monthly basis.
       (c)    A contractor shall report all apprenticeship payments made under this
subtitle on prevailing wage payroll records required by § 17–220 of this title.
       (d)   (1)    A contractor or subcontractor that makes contributions to the Fund, a
registered apprenticeship OR A QUALIFIED APPRENTICESHIP program, or an
organization that has registered apprenticeship programs may request that its
contributions be directed to a specific preapprenticeship, APPRENTICESHIP, or workforce
development program.
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  WES MOORE, Governor  Ch. 410
  (2) The Secretary shall make a good–faith effort to accommodate requests
received FOR CONTRIBUTIONS TO THE FUND in accordance with paragraph (1) of this
subsection.
17–605.1.
      (A)   WHILE CONSTRUCTION ACTIVITY ON A COVERED PROJECT IS ONGOING,
EACH CONTRACTOR AND SUBCONTRACTOR PERFORMING WORK ON THE COVERED
PROJECT SHALL SUBMIT A MONTHLY REPORT TO THE DEPARTMENT THAT
INCLUDES:
  (1)   FOR EACH APPRENTICE OR JOURNEYWORKER:
  (I)    THE NAME OF THE APPRENTICE OR JOURNEYWORKER;
  (II)   THE NAME OF THE ASSOCIATED APPRENTICESHIP TRAINING
PROGRAM; AND
  (III) THE APPRENTICE REGISTRATION OR IDENTIFICATION
NUMBER;
  (2)
  THE TOTAL NUMBER OF APPRENTICES AND LABOR HOURS
WORKED, CATEGORIZED BY TRADE OR CRAFT; AND
  (3)
  THE TOTAL NUMBER OF JOURNEYWORKERS AND LABOR HOURS
WORKED, CATEGORIZED BY TRADE OR CRAFT.
      (B)WITHIN 60 DAYS AFTER COMPLETING WORK ON A COVERED PROJECT,
EACH CONTRACTOR AND SUBCONTRACTOR SHALL SUBMIT TO THE DEPARTMENT:
  (1)
  A STATEMENT OF THE TOTAL NUMBER OF LABOR HOURS OF WORK
ON A COVERED PROJECT, INCLUDING CONSTRUCTION, ALTERATION, AND REPAIR
WORK, PERFORMED BY AN APPRENTICE OR JOURNEYWORKER; AND
  (2)
  IF APPLICABLE, A WRITTEN DECLARATION AND SUPPORTING
DOCUMENTS JUSTIFYING ANY WAIVER RECEIVED UNDER § 17–604.1 OF THIS
SUBTITLE.
      (C)   THE DEPARTMENT SHALL MAINTAIN ON ITS WEBSITE:
  (1) DATA AGGREGATED FROM THE REPORTS RECEIVED UNDER
SUBSECTIONS (A) AND (B) OF THIS SECTION SHOWING THE USE OF QUALIFIED
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 Ch. 410  2026 LAWS OF MARYLAND
QUALIFYING NEW APPRENTICES AND JOURNEYWORKERS ON COVERED PROJECTS;
AND
  (2) DESCRIPTIONS OF THE CIRCUMSTANCES OF ANY WAIVER
GRANTED UNDER § 17–604.1 PAYMENTS MADE BY EACH CONTRACTOR OR
SUBCONTRACTOR UNDER § 17–605 OF THIS SUBTITLE.
17–606.
       (a)    A contractor or subcontractor that fails to meet the requirements of this
subtitle shall be liable for an amount equal to:
  (1) twice the amount of unpaid apprenticeship training contributions
required by §§ 17–603 AND 17–604 OF this subtitle; AND
  (2)
  $100 MULTIPLIED BY THE TOTAL LABOR HOURS FOR WHICH THE
REQUIREMENT UNDER § 17–603 OF THIS SUBTITLE WAS APPLICABLE A FINE OF UP
TO $10,000.
       (b)   (1)    In this subsection, “willfully” means representations or omissions
known to be false or made with deliberate ignorance or reckless disregard for their truth or
falsity.
  (2)   Any person, firm, or corporation that is found to have made willfully a
false or fraudulent representation or omission regarding a material fact in connection with
prevailing wage records required by this section shall be liable for a civil penalty in an
amount of up to $1,000 for each employee and each falsified record.
  (3)    Penalties shall be recoverable [in civil actions and paid to the State]
UNDER THE MARYLAND FALSE CLAIMS ACT BY ORDER OF THE SECRETARY AND
PAID TO THE GENERAL FUND.
      (c)    (1)    The Secretary shall adopt regulations to establish administrative
procedures for the collection of payments under this subtitle.
  (2)    (i)    The Secretary may file suit to enforce this section in any court of
competent jurisdiction.
  (ii)  In an action filed under this subsection, the court shall require
the contractor or subcontractor to pay the amount required by subsection (a) of this section,
including interest, reasonable counsel fees, and court costs.
17–607.
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  WES MOORE, Governor  Ch. 410
    THE SECRETARY SHALL ADOPT REGULATIONS NECESSARY TO CARRY OUT THE
REQUIREMENTS OF THIS SUBTITLE.
      SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 12, 2026.
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