Amendment ID: S2829-120-R1

Redraft Amendment 120

Labor Standards and Reporting for Clean Energy Procurement

Mr. Feeney, Ms. Edwards, Messrs. Pacheco and Eldridge, Ms. Kennedy, Ms. Miranda, Messrs. Collins, Keenan and Moore, Ms. Jehlen, Ms. Moran, Messrs. Brady, Mark, Timilty, Payano, O'Connor, Oliveira, Gomez, Cronin, Montigny and Kennedy, Ms. Rausch and Messrs. Fattman, Velis and Tarr move that the proposed new draft be amended in section 21, in proposed section 21 of chapter 25A of the General Laws, by adding the following 3 subsections:-

“(j) A request for proposal or solicitation under this section shall include the following certification and disclosure requirements:

(1) documentation reflecting the applicant’s demonstrated commitment to workforce or economic development within the commonwealth;

(2) a statement of intent concerning efforts that the applicant and its contractors and subcontractors will make to promote workforce or economic development through the project;

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

(4) documentation as to whether the applicant and its contractors and subcontractors participate 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 5 years;

(5) a statement of intent concerning how or if the applicant and its contractors and subcontractors intend to utilize apprentices on the project;

(6) documentation relative to the applicant and its contractors and subcontractors regarding their history of compliance with chapters 149, 151, 151A, 151B and 152, 29 U.S.C. § 201, et seq. and applicable federal anti-discrimination laws;

(7) documentation that the applicant and its contractors and subcontractors are currently, and will remain, in compliance with chapters 149, 151, 151A, 151B, and 152, 29 U.S.C. § 201, et seq. and applicable federal anti-discrimination laws for the duration of the project;

(8) documentation of the applicant’s history with picketing, work stoppages, boycotts or other economic actions against the applicant and a description or plan of how the applicant intends to prevent or address such actions;

(9) Documentation relative to whether the applicant and its contractors have been found in violation of State or Federal safety regulations in the previous 10 years.

The department may require a wage bond or other comparable form of insurance in an amount to be set by the department to ensure compliance with law, certifications or department obligations.

(k) A proposal or solicitation issued by the department shall notify applicants that applicants shall be disqualified from the project if the applicant has been debarred by the federal government or commonwealth for the entire term of the debarment.

(l) An applicant shall, in a timely manner, provide documentation and certifications as required by law or otherwise directed by the department. Incomplete or inaccurate information may be grounds for disqualification, dismissal or other action deemed appropriate by the department.

(m) Applicants which demonstrate compliance with the provisions of sections 26 to 27F, inclusive of chapter 149, and use of state or federally certified apprenticeship programs, shall receive added weight in clean energy solicitations as defined in subsection (e).”; and

by inserting after section 98 the following section:-

“SECTION 98A. There shall be a special commission relative to impacts on the fossil fuel workforce caused by public or private efforts to reduce greenhouse gas emissions or transition from fossil fuels to clean energy. The commission shall seek to measure and monitor the impact on fossil fuel workers and industries and examine ways to increase access to employment, training and workforce opportunities in clean energy industries and related fields.

The commission shall consist of: the secretary of labor and workforce development or a designee, who shall serve as co-chair; the commissioner of energy resources or a designee, who shall serve as co-chair; the secretary of economic development or a designee; the director of the office of environmental justice and equity or a designee; the executive director of the Massachusetts clean energy technology center or a designee; 8 members appointed by the governor, 1 of whom shall be a representative of employers in the gas utility sector, 1 of whom shall be a representative of employers in the electric power generation sector, 1 of whom shall be a representative of employers in the renewable electricity sector, 1 of whom shall be a representative of employers in the energy efficiency sector, 1 of whom shall be a representative of employers in the clean transportation sector, 1 of whom shall be a representative of employers in the clean heating sector, and 2 of whom shall work in or be affiliated with a higher education university with educational expertise in labor policy and the fossil fuel or clean energy workforce ; 5 members appointed by the president of the Massachusetts AFL-CIO, 1 of whom shall be a representative of employees in the gas utility sector, 1 of whom shall be a representative of employees in the electric power generation sector, 2 of whom shall be representatives of employees in the clean energy sector and 1 of whom shall be a representative of employees in the transportation sector; the president of the Massachusetts Building Trades; and 2 representatives of environmental justice communities appointed by the director of the office of environmental justice and equity.

The work of the commission shall include, but not be limited to, identifying workers currently employed in the energy sector by industry, trade and job classification, including an analysis of wage and benefit packages and current licensing, certification and training requirements. The commission 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 public or private efforts to reduce greenhouse gas emissions or transition from fossil fuels to clean energy and advancements in clean energy technology. The commission shall, annually, not later than December 31, issue a report, including any plans and recommendations, to the clerks of the senate and house of representatives and shall issue a final report, including any plans and recommendations, not later than December 31, 2025.”