HOUSE DOCKET, NO. 3200        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1955

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Marjorie C. Decker and Paul W. Mark

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to clean energy workforce standards and accountability.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3200        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1955

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act relative to clean energy workforce standards and accountability.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. For the purpose of this statute, the following definitions apply:

(a) As used in this legislation, the term “Applicant” is interchangeable with the term bidder and refers to any natural person or business, whether or not incorporated or unincorporated, who seeks a contract to provide labor or services, grant funding, or tax incentives for a project under this Chapter, and employs another to work in the Commonwealth, or contracts with another natural person or business to do so (herein after “contractor”)  to perform labor, services or otherwise assist in the completion of a project.  This definition excludes:

1. The United States or a corporation wholly owned by the government of the United States;

2. A public utility, but only when employing workers directly to perform construction and maintenance and other operational duties on its utility infrastructure and buildings. 

(b) For the purposes of this legislation, the term “Project” refers to climate change remediation or clean energy initiatives of the Commonwealth and/or its departments, offices, agencies, subdivisions, and quasi-public agencies, including, but not limited to public authorities, subject to said chapter 150A by chapter 760 of the acts of 1962.

(c) For the purposes of this legislation, “Commonwealth” refers to Commonwealth and/or its departments, offices, agencies, political sub-divisions, and quasi-public agencies, including but not limited to quasi-public agencies subject to said chapter 150A by chapter 760 of the acts of 1962 and any quasi-public independent entity and any authority or body politic and corporate established by the general court to serve a public purpose.

(d) For the purposes of this legislation, “environmental justice population” shall mean a population with an annual median household income of not more than 65 per cent of the statewide median income or with a segment of the population that consists of residents that is not less than 25 per cent minority, foreign born or lacking in English language proficiency based on the most recent United States census.

(e) For the purposes of this legislation, a “municipality at high risk from the effects of climate change” shall mean a municipality that can demonstrate to the department current or future significant changes to its population, land use or local economy resulting from changes in climate.

SECTION 2. (a) Every Request for Proposals (RFP), Grant Application, or project solicitation offering funding from the Commonwealth for projects to address climate change, including but not limited to expanding clean energy capacity and/or infrastructure in any manner, shall be performed and procured under sections 26 through 27F of chapter 149 inclusive and section 39M of chapter 30, and shall include the certification and disclosure requirements included in this section. 

All successful Applicants for contracts, grants, and tax incentives shall provide complete and accurate responses to the same.

These certification and disclosure requirements shall include:

1. A requirement for documentation reflecting the Applicant’s demonstrated commitment to workforce development within the Commonwealth;

2. A requirement that the Applicant will provide a statement of intent concerning efforts that it and its contractors and sub-contractors will take to promote workforce development on the project if successful;

3. A requirement for documentation reflecting the Applicant’s demonstrated commitment to economic development within the Commonwealth;

4. A requirement that the Applicant provide a statement of intent concerning efforts that it and its contractors and sub-contractors on this project will take to promote economic development on the project if successful;

5. A requirement for documentation reflecting the Applicant’s demonstrated commitment to expand workforce diversity, equity, and inclusion in its past projects within the Commonwealth;

6. A requirement that the Applicant provide a statement of intent concerning efforts that it and its contractors and sub-contractors on this project, will undertake to expand workforce diversity, equity, and inclusion on the project if successful;

7. A requirement that that the Applicant disclose whether it and each of its contractors and subcontractors on this project, have previously contracted with a labor organization, as defined by Massachusetts General Laws, c. 150A and/or the National Labor Relations Act, Section 2, in the Commonwealth or elsewhere. 

8. A requirement that the Applicant specify whether it and each of its contractors and subcontractors on this project participates in a state or Federally certified apprenticeship program and the number of apprentices the apprenticeship program has trained to completion for each of the last five (5) years.

9.  A requirement that the Applicant provide a statement of intent concerning the extent to which the Applicant, its contractors and sub-contractors on this project, intend to utilize apprentices on the project if successful.

10. Certification that the Applicant and its contractors and sub-contractors on this project, have complied with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the last three (3) calendar years. 

11. Certification that the Applicant and its contractors and sub-contractors on this project are currently, and will remain, in compliance with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the duration of the project.

12. To the extent the Applicant, or one of its contractors or sub-contractors on the project cannot meet the certification requirements provided for in Paragraphs 10 and 11, the Applicant must submit proof of a wage bond or other comparable form of insurance in an amount equal to the aggregate of one year’s gross wages for all workers projected to be employed by the Applicant, contractor, or sub-contractor for which certification is unavailable, to be maintained for the life of the project.

13. Whether the Applicant has included detailed plans for assuring labor harmony during all phases of the construction, reconstruction, renovation, development and operation of the project.

(b) Every RFP and Grant Application issued by the Commonwealth under this Chapter shall notify Applicants that they will be disqualified from this project if they have been debarred by the federal government or Commonwealth for the entire term of the debarment.

(c) All Applicants shall timely provide the above documentation and certifications as part of their initial application. Failure to provide the same shall disqualify the applicant from receiving funding for the project on which funding has been requested.

(d) A successful applicant’s good faith failure to provide complete, accurate certifications and documentation under Subsection A of this Section shall result in suspension from the project for a period of 30 days, to provide an opportunity for the Applicant to address application deficiencies to the satisfaction of the Commonwealth.  Failure to cure deficiencies, thereafter, shall result in termination.  A successful applicant’s willful failure to provide accurate certifications and documentation shall result in permanent termination from the project and the return of all funds awarded therefor within 30 days. 

(e) For the term of the project, the Applicant, its contractors, and sub-contractors shall furnish their monthly certified payrolls in an electronic format for all employees on the project, as defined by c. 149 s. 148B.

(f) The Attorney General shall enforce the provisions contained herein and may enact regulations consistent therewith.     

SECTION 3. (a) Chapter 23J of the Massachusetts General Laws shall be amended in Section 2(b) after the word “Alliance” by inserting the following text:

“1 of whom shall be a representative of employees in the gas utility sector appointed by the President of the Massachusetts AFL-CIO; 1 of whom shall be a representative of employees in the electric power generation sector appointed by the President of the Massachusetts AFL-CIO;  1 of whom shall be the President of the Massachusetts AFL-CIO, or his/her designee,  and 1 of whom shall be the President of the Massachusetts Building Trades Council or his/her designee”

And by deleting the following text:

“and 1 of whom shall be a union representative”

(b) Chapter 23J of the Massachusetts General Laws is hereby amended in Section 3(a) in paragraph (27) by adding the following text after the phrase “clean energy industry:” “including, but not limited to, collaboration with state and federally licensed apprenticeship and pre-apprenticeship programs providing training in the Commonwealth;”

(c) Chapter 23J of the Massachusetts General Laws is hereby amended in Section 12 by adding the following new text after the term“23A”:

“The Center shall be deemed to be a public agency for purposes of, and shall be subject to, section 39M of chapter 30 and sections 44A to 44H, inclusive, of chapter 149 and shall comply with requirements applicable to an independent public authority for publication of contract information in the central register established pursuant to section 20A of chapter 9.

With regard to all clean energy and other climate change remediation construction projects funded, owned or leased by the Commonwealth, including but not limited to the Center, the Commonwealth shall require that successful Applicants, in collaboration with their contractors and sub-contractors:

1. Propose and abide by an affirmative action program of equal opportunity whereby the Applicant establishes specific goals for the utilization of BIPOC, women and veterans.  Provided, however, that such goals shall be equal to or greater than the goals contained in the executive office for administration and finance Administration Bulletin Number 14, and incorporate the data collection requirements contains in Administration Bulletin Number 17.

2. Participate in state or federally accredited apprenticeship program(s) which have graduated at least one apprentice in the last five (5) years and utilize apprentices at a percentage set by the Commonwealth as part of its current workforce development plan.

3. All construction, reconstruction, installation, alteration work performed under this Section shall be performed consistent with Sections 26 through 27F of chapter 149 inclusive and section 39M of chapter 30.”

(d) Chapter 23J of the Massachusetts General Laws is hereby amended by adding after Section 12 the following new Section:

Section 13: Clean Energy Workforce Development Plan

The Massachusetts Clean Energy Technology Center (“Center”) shall develop and implement successive 5-year workforce development plans for the Commonwealth, beginning in FY2022, that includes outreach and recruitment into the Clean Energy Industry for existing workers in fossil fuel intensive industries, as well as environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth. 

The Center’s workforce development plans shall include:

1. Development of technical assistance, grants, loans, and demonstration projects, facilitating the creation of construction, operations, and maintenance jobs in the Clean Energy Industry.

2. Measures to expand training capacity for the Clean Energy industry, building upon the Commonwealth’s extensive existing public and private workforce development facilities, including all state and federally certified apprenticeship programs, licensure, and degree programs. 

3. Specific goals for the utilization of the residual workforce in fossil fuel intensive industries, as well as environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth.

4. Recommendations, programs and technical assistance for the Clean Energy Industry to ensure that the industry develops and maintains excellent working terms and conditions for all workers employed therein.

5. Requirements for minimum working conditions on Clean Energy projects owned, leased, or financed by the Center through the Renewable Energy Trust Fund, or otherwise by the Commonwealth, its departments, offices, agencies, and quasi-independent agencies.    

The Center will engage all stakeholders in the planning process, including but not limited to the union representatives of workers in fossil fuel industries and organizations serving environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth.  The Center will coordinate their workforce development planning and research with the Executive Office of Labor and Workforce Development’s Office of Just Transition.