HOUSE  .  .  .  .  .  .  .  .  No. 4439

 

The Commonwealth of Massachusetts

 

________________________________________

 

HOUSE OF REPRESENTATIVES, February 29, 2024.

The committee on Labor and Workforce Development, to whom were referred the petition (accompanied by bill, Senate, No. 1179) of Paul R. Feeney, Paul W. Mark, Walter F. Timilty, Michael D. Brady and other members of the General Court for legislation relative to a just transition to clean energy, the petition (accompanied by bill, Senate, No. 1180) of Paul R. Feeney, Paul W. Mark, Walter F. Timilty, Michael D. Brady and other members of the General Court for legislation relative to clean energy workforce standards and accountability, the petition (accompanied by bill, House, No. 1864) of Marjorie C. Decker and others relative to clean energy workforce standards and accountability, and the petition (accompanied by bill, House, No. 1865) of Marjorie C. Decker and others relative to the transition to clean energy and the training of employees on alternative energy generation and distribution, reports recommending that the accompanying bill (House, No. 4439) ought to pass.

 

For the committee,

 

KIP A. DIGGS.



        FILED ON: 2/5/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4439

 

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act relative to a just transition to clean energy.

 

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. Section 1E of Chapter 164 of the General Laws is hereby amended by adding the following subsection:-

(d) The department shall require each company engaged in the sale or distribution of gas as part of performance based ratemaking, to submit a just transition plan, which must be approved by the department, to address workforce development, maintenance, and attrition, and provide for the following: 

1. A detailed proposed chronology for transition to net zero emissions energy supply and distribution to be set through performance based ratemaking; 

2. Sufficient in-house staffing levels, in each relevant classification, to ensure the safety and reliability of the gas company’s pipeline through the projected transition period, including but not limited to, map and record accuracy; 

3. Training and workforce development plans providing for gas company workforce needs on residual natural gas and electric as well as alternative energy sources, generation and distribution infrastructure utilized by the gas company to replace and/or complement natural gas;  

4. Any and all mitigation measures to address the impacts of transition on the gas company’s workforce over the course of the performance based review;

5. In the event of the gas company’s anticipated substantial partial or complete cessation of gas operations in Massachusetts during the period in which performance based review is effective:

a. Means by which the gas company, and/or its parent corporation intends to avoid burdening the commonwealth, ratepayers, or taxpayers with the social welfare costs resulting from such cessation;

b. Measures to ensure the solvency of the local distribution company pension system during and after transition; 

c. Measures to stem the displacement of local distribution company employees  unemployed as a result of transition from the Massachusetts energy sector. 

6. This subsection shall apply to any distribution, transmission, and gas company organized and doing business in the commonwealth pursuant to the provisions of chapter 164, including any successor company engaged in dual-fuels, joint ventures with renewable energy generators/distributors, or alternative energy companies. 

7. Nothing in this section shall prohibit or supplant the local distribution company’s collective bargaining obligations relative to the National Labor Relations Act.

SECTION 2. Section 1E of Chapter 164 of the General Laws is hereby amended by striking out, in subsection (b), in line 19 and  27, the date “November 1, 1997” and inserting in place thereof the following date:- January 1, 2022

SECTION 3. Section 145 of Chapter 164 of the General Laws is hereby amended by amended by inserting, in subsection (b), as appearing in the 2020 Official Edition, the following words:- :-

This plan shall include, but not be limited to, provisions to ensure the gas company trains a sufficient skilled workforce to repair and maintain the safety and reliability of its pipeline for the duration of its useful life, until and including its retirement or re-purposing for alternative use.   

SECTION 4. Section 145 of Chapter 164 of the General Laws is hereby amended by amended by inserting, in subsections (c), as appearing in the 2020 Official Edition, the following words:- :-

; and (vii) how the gas company intends to utilize its in-house workforce and outside contractor crews, respectively, to perform construction; (viii) all oversight and quality assurance measures implemented by the gas company on construction during the course of the plan; (ix) all funds to be expended on training for its in-house on the construction and maintenance of its pipeline; (x) any plans for the utilization of pipeline to satisfy the commonwealth’s net zero emissions goals and aggregated data reflecting the projected impact of the plans on the commonwealth’s net zero emissions goals; 

SECTION 5. Chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- 

Section 26. Just Transition to Clean Energy

(a) Within the executive office of labor and workforce development, there shall be a just transition office. The office shall ensure that workers employed in the energy sector who are displaced due to efforts by the commonwealth or the private sector to reduce greenhouse gas emissions or transition from fossil fuels to clean energy have access to employment and training opportunities in clean energy industries and related fields. The just transition office shall also work with clean energy businesses to ensure they act as responsible employers to further the commonwealth’s workforce and economic development goals. The just transition office shall also work to increase access to employment and training opportunities in clean energy industries and related fields for residents of environmental justice communities.

(b) The secretary of labor and workforce development shall appoint the director of the office.

(c) There shall be a just transition advisory committee consisting of: (i) the director of the just transition office; (ii) the secretary of labor and workforce development, or their designee; (iii) the commissioner of the department of energy resources, or their designee; (iv) the secretary of the executive office of energy and environmental affairs or their designee; (v) a representative of employers in the gas utility sector appointed by the governor; (vi) a representative of employers in the electric power generation sector appointed by the governor; (vii) a representative of employers in the renewable electricity sector appointed by the governor; (viii) a representative of employers in the energy efficiency sector appointed by the governor; (ix) a representative of employers in the clean transportation sector appointed by the governor; (x) a representative of employers in the clean heating sector appointed by the governor; (xi) a representative of employees in the gas utility sector appointed by the president of the Massachusetts AFL-CIO; (xii) a representative of employees in the electric power generation sector appointed by the president of the Massachusetts AFL-CIO; (xiii) two representatives of employees in the clean energy sector appointed by the president of the Massachusetts AFL-CIO; (xiv) a representative of employees in the transportation sector appointed by the president of the Massachusetts AFL-CIO; (xv) the president of the Massachusetts Building Trades Council or a designee, and (xvi) two representative of environmental justice communities appointed by the Secretary of the executive office of energy and environmental affairs.

(d) The committee shall be tasked with developing a just transition plan for the energy sector that identifies workers currently employed in the sector by industry, trade, and job classification, and contains relevant information including, but not limited to, current wage and benefit packages and current licensing, certification and training requirements. The committee, through the just transition plan, shall recommend education and training programs to enhance re-employment opportunities within the energy sector, and services to support dislocated workers displaced from jobs within the energy sector as a result of emissions-reducing policies and advancements in clean energy technology. The just transition plan shall also recommend actions to increase opportunities for residents of environmental justice communities to work in clean energy industries.

(e) The just transition plan shall include provisions to:

(i) educate dislocated workers, in collaboration with employers of dislocated workers and relevant labor unions, on re-employment or training opportunities.;

(ii) provide training, cross-training, and re-training to workers displaced by gas infrastructure loss in the commonwealth’s local distribution companies and related businesses;

(iii) address the workforce development challenges of the fossil fuel energy sector’s shrinking workforce over the course of the commonwealth’s transition to a clean energy economy;

(iv) incentivize the hiring of displaced energy sector workers with utilities, clean energy industries, and related industries;  

(v) collaborate with the Massachusetts Clean Energy Center to ensure that training and employment opportunities for displaced energy sector workers are included in their initiatives, incentives, funding opportunities, and projects;

(vi) collaborate with the department of public utilities and other agencies regulating the energy sector within the commonwealth to coordinate just transition initiatives, complementing the other regulatory priorities of those agencies;

(vii) evaluate options for the establishment of a fund to implement the just transition plan and its components, including potential sources for sustainable short-term and long-term funding;

(viii) develop requirements, including the submission of a workforce transition plan, for energy sector employers that are closing a facility or significantly reducing their workforces as a result of efforts by the commonwealth or the private sector to reduce greenhouse gas emissions or transition from fossil fuels to clean energy; 

(ix) identify employers in the energy sector involved or likely to be involved in transitional steps away from fossil fuels and establish requirements and procedures for submission of employee counts and classifications to the office; and

(x) increase access to employment and training opportunities in clean energy industries and related fields for residents of environmental justice communities.

(f) Employers described in paragraph (ix) of subsection (e) shall submit a workforce transition plan to the office. Workforce transition plans shall be subject to section 10 of chapter 66 and shall include:

(i) the reasons for the workforce reduction or facility closure; 

(ii) the total number of workers by job classification and by geographic assignment employed by the employer;

(iii) the total number of workers whose existing jobs who will be retained, by job classification and geographic location; 

(iv) the total number of workers whose existing jobs will be eliminated by the workforce reduction or the closure of a facility, by job classification and geographic location;

(v) whether each classification of workers whose jobs are being eliminated will be offered employment in any other job classification or capacity by the employer; how many employees in each classification will be offered employment; and whether the replacement employment offered will provide comparable wages, benefits, and working conditions;

(vi) whether the employer is offering severance or early retirement benefits to impacted workers; the value of the severance or early retirement benefits; whether the severance or early retirement benefits are being provided to all or certain classes of workers; and how many impacted workers intend to utilize these offerings; 

(vii) whether the employer plans to transfer the work to a separate facility, enter a contracting agreement for work previously performed by company employees, or otherwise outsource work previously performed by company employees; and

(viii) whether the employer is a recipient of loans, grants, tax increment financing, or any other financial incentive from the commonwealth, its independent state agencies, departments, or corporations, or any municipality within the last five years.

SECTION 6. Chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section: 

Section 18A. Clean Energy Workforce Standards and Accountability Act 

(a)For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Applicant”,  (1) any natural person or business, whether or not incorporated or unincorporated, who seeks a contract to provide labor or services under this Chapter, and employs another to work in the commonwealth, or contracts with another natural person or business to do so to perform labor, services or otherwise assist in the completion of a project, under a contract, grant, subsidy, or any other arrangement funded in part or in the whole by the commonwealth, 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; and (2) any Public Utilities that are regulated under M.G.L. c. 164. This definition excludes: (1) the United States or a corporation wholly owned by the government of -the United States; and (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.  

“Project”, initiatives of the commonwealth and 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, modernizing and expanding the capacity of its existing energy infrastructure, providing climate change remediation, and/or developing renewable energy generation, transmission and distribution,  in furtherance of meeting the commonwealth’s net zero emissions goals.

“commonwealth”, the commonwealth and 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.

“Environmental justice population”, shall have the same meaning as defined in section 62 of chapter 30.

“Municipality at high risk from the effects of climate change”, 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. 

“Labor peace agreement”, an agreement between an entity and any labor organization recognized under the National Labor Relations Act, referred to in this Act as a bona fide labor organization, that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference in exchange for that entity agreeing not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the entity’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the entity’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under State law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.

“Energy infrastructure”, refers to but is not limited to Massachusetts existing energy industry infrastructure generating, transmitting, and distributing energy from fossil fuel sources, building energy efficiency improvements, and renewable energy infrastructure. 

''Public Utilities'', utilities that are regulated under M.G.L. c. 164. 

“Supply chain facilities”, refers to but is not limited to businesses that perform material extraction, refining, processing, fabrication, manufacturing, and assembly of components for renewable energy projects. 

(b)Every Request for ProposalsGrant Application, or Solicitation offering funding from the commonwealth or other public entity enumerated above for the purpose of furthering the commonwealth’s net zero emissions goals in any manner for all commercial projects and residential projects in excess of threeunits, shall be performed in conformance with sections 26-27D of chapter 149, inclusive, and shall include the certification and disclosure requirements included in this Section.  

(c) To be awarded funding or contracts by the commonwealth, applicants shall provide complete and accurate responses and disclosures shall include: 

1. documentation reflecting the applicant’s demonstrated commitment to workforce development within the commonwealth; 

2. 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. documentation reflecting the applicant’s demonstrated commitment to economic development within the commonwealth;

4. 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. documentation reflecting the applicant’s demonstrated commitment to expand workforce diversity, equity, and inclusion in its past projects within the commonwealth; 

6. 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 disclosure on 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 statement of 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 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 pplicant 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. detailed plans for assuring labor harmony during all phases of the construction, reconstruction, renovation, development and operation of the project. 

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.

(d) Every request for proposals, solicitation and/or advertisement for funding, 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. 

(e) 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. 

(f) 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.  

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

(h) Owners of supply chain facilities that provide goods and services to be used in the construction and maintenance of renewable energy generation, distribution, and transmission infrastructure, which are developed in part or in whole with public funding, shall agree to enter into fully executed labor peace agreements with a bona fide labor organization that actively represents or seeks to represent employees as permitted by Federal law.   

SECTION 7. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following three sections:-

Section 27I. All construction, reconstruction, installation, alteration or repair on natural gas utility infrastructure, including, but not limited to, pipelines, mains, services and other infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.

No public authority, including, but not limited to, the commonwealth, its subdivisions, a county, or a municipality, shall permit or agree to pipeline construction, reconstruction, installation, alteration or repair work by a gas distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.

Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder.  Said rates of wages shall be requested of said commissioner by said public official or public body together with the gas local distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six months.

Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.

An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to Section 150 of Chapter 149. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.

Section 27J. All construction, reconstruction, installation, alteration or repair on electrical utility   infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by chapter 164, shall be performed and procured under this section of chapter 149.

No public authority, including, but not limited to, the commonwealth, its subdivisions, a county, or a municipality, shall permit or agree to construction, reconstruction, installation, alteration or repair work by a electric distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.

Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder.  Said rates of wages shall be requested of said commissioner by said public official or public body together with the electric company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six (6) months.

Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.

An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.

Section 27K. All construction, reconstruction, installation, alteration or repair on renewable energy generation, distribution, transmission infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.

No public authority, including, but not limited to, the commonwealth, its subdivisions, a county, or a municipality, shall permit or agree to construction, reconstruction, installation, alteration or repair work by a renewable energy company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.

Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder.  Said rates of wages shall be requested of said commissioner by said public official or public body together with the renewable energy distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six (6) months.

Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.

An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.

SECTION 8. Section 2 of chapter 23J of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the number “15” and inserting in place thereof the number:- 19

SECTION 9. Section 2 of said chapter 23J of the General Laws, as so appearing, is hereby further amended by striking out the words “1 of whom shall be a union representative ”, in line 60, and inserting in place thereof, the following words:-

“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 their designee,  and 1 of whom shall be the president of the Massachusetts Building Trades Council or their designee, 1 of whom shall be a union representative”

SECTION 10. Paragraph 27 of section 3 of said chapter 23J of the General Laws, as so appearing, is hereby amended by inserting after the words “clean energy industry” the following words:- 

including, but not limited to, collaboration with state and federally licensed apprenticeship and pre-apprenticeship programs providing training in the commonwealth;

SECTION 11. Section 12 of chapter 23J of the General Laws, as so appearing, is hereby amended by adding the following words:- 

The center 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: 

(a) Meet the workforce participation goals for the utilization of minority and women workers as required by section 44A(1)(G) of Chapter 149,  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.

(b) Participate in state or federally accredited apprenticeship program(s) that 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.

(c) Bid all applicable construction, reconstruction, installation, alteration work performed on the Project under this Section consistent with section 44A of chapter 149, section 8 of chapter 149A, and section 39M of chapter 30.

(d) Compensate all construction, reconstruction, installation, alteration work performed under this Section, at a minimum, in accordance with chapter 149, sections 26-27D. 

(e) Become signatory to a project labor agreement if such an agreement is selected as the project delivery method for the construction project by the contracting authority. 

SECTION 12. Chapter 23J of the General Laws, as so appearing, is hereby amended by adding the following section:-

Section 13. Clean Energy Workforce Development Plan

The Massachusetts Clean Energy Technology Center, in collaboration with the department of career services, shall develop and implement successive five-year clean energy workforce development plans for the commonwealth 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 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 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 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.