2022 -- H 7755

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LC004897

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT- GOVERNOR'S CLEAN ENERGY

WORKFORCE TRANSITION COMMISSION

     

     Introduced By: Representatives Donovan, Carson, Cortvriend, Speakman, Ruggiero,
Williams, Alzate, Ranglin-Vassell, McEntee, and Caldwell

     Date Introduced: March 02, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 162

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GOVERNOR'S CLEAN ENERGY WORKFORCE TRANSITION COMMISSION

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     42-162-1. Definitions.

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     As used in this chapter:

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     (1) "Apprenticeable" means any nationally-recognized occupation that has a pre-existing

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registered apprenticeship program approved pursuant to 29 C.F.R. Part 29 and Part 30.

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     (2) "Approved apprenticeship program" or "apprenticeship program" means an

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apprenticeship program that has been approved by the U.S. Department of Labor, or by a

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recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such

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programs shall not include those that have obtained only provisional approval status. The required

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apprenticeship programs may either be programs that have specifically allocated funding and are

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subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.

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("ERISA"), or non-ERISA programs financed by general funds of employers.

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     (3) "Environmental justice" means the fair treatment and meaningful involvement of all

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people regardless of race, color, national origin, English language proficiency, or income with

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respect to the development, implementation, and enforcement of environmental laws, regulations,

 

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and policies.

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     (4) "Environmental justice focus area" means a neighborhood, community, census tract or

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other geographically bounded region that meets one or more of the following criteria:

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     (i) Annual median household income is not more than sixty-five percent (65%) of the

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statewide annual median household income;

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     (ii) Minority population is equal to or greater than forty percent (40%) of the population;

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     (iii) Twenty-five percent (25%) or more of the households lack English language

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proficiency; or

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     (iv) Minorities comprise twenty-five percent (25%) or more of the population and the

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annual median household income of the municipality in the proposed area does not exceed one

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hundred fifty percent (150%) of the statewide annual median household income.

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     (5) "Fair treatment" means no group of people should bear a disproportionate share of the

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negative environmental consequences resulting from industrial, governmental, or commercial

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operations or policies.

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     (6) "Meaningful involvement" means:

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     (i) People have an opportunity to participate in decisions about activities that may affect

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their environment and/or health;

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     (ii) The public's contribution can influence the regulator agency's decision;

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     (iii) Community concerns will be considered in the decision-making process; and

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     (iv) Decision makers will seek out and facilitate the involvement of those potentially

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affected.

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     42-162-2. Establishment of the clean energy workforce transition commission.

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     There is established an independent clean energy workforce transition commission to be

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known as “the governor’s clean energy workforce transition commission,” (the “commission,”)

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that shall have as its purposes the evaluation, planning, and coordination of efforts to increase

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access to employment and training opportunities in clean energy industries and related fields. The

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commission shall:

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     (1) Work with stakeholders in clean energy and related fields, including industry leaders,

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labor organizations, and community-based organizations to ensure a properly trained workforce is

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able and ready to deploy the projects and technologies needed to meet the benchmarks established

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in chapter 6.2 of title 42;

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     (2) Ensure immediate access to training and employment opportunities in clean energy

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industries and related fields for:

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     (i) Workers employed in the energy sector who are impacted by efforts of the state and the

 

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private sector to decarbonize the economy; and

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     (ii) Residents of low-income communities and environmental justice focus areas; and

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     (3) Ensure the provisions of this chapter are accomplished by following environmental

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justice principles.

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     42-162-3. Composition of clean energy workforce commission.

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     (a) The clean energy workforce transition commission shall be composed of nineteen (19)

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members; one of whom shall be the director of the department of labor and training, or designee;

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one of whom shall be the chairperson of the state apprenticeship council as established in § 28-45-

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2; one of whom shall be the chairperson of the governor’s workforce board; one of whom shall be

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the chairperson of the executive climate change coordinating council, or designee; one of whom

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shall be the commissioner of the office of energy resources, or designee; one of whom shall be a

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representative of an employer in the utility sector appointed by the governor; one of whom shall be

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a representative of employers in the renewable electricity sector appointed by the governor; one of

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whom shall be a representative of employers in the clean transportation sector appointed by the

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governor; one of whom shall be a representative of employers in the clean heating sector appointed

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by the governor; one of whom shall be a representative of employees in the gas utility sector

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appointed by the president of the Rhode Island AFL-CIO; one of whom shall be a representative

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of employees in the electric power generation sector appointed by the president of the Rhode Island

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AFL-CIO; one of whom shall be a representative of employees in the electric utility sector

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appointed by the president of the Rhode Island AFL-CIO; one of whom shall be a representative

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of employees in the transportation sector appointed by the president of the Rhode Island AFL-CIO;

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two (2) of whom shall be representatives of employees in the clean energy sector appointed by the

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president of the Rhode Island AFL-CIO; one of whom shall be the president of the Rhode Island

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Building and Construction Trades Council; one of whom shall be a member of the Narragansett

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Indian Tribe appointed by the Narragansett Tribal Council; and two (2) of whom shall be residents

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from environmental justice focus areas appointed by the director of the department of health.

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     (b) The executive director of the governor’s workforce board shall be an exofficio, non-

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voting member of the commission to ensure alignment of commission duties and actions with state

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workforce development activities.

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     42-162-4. Terms of office and voting.

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     (a) Of the four (4) public members appointed by the governor, with the advice and consent

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of the senate, two (2) shall be appointed for a term of two (2) years and two (2) shall be appointed

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for a term of three (3) years. Of the six (6) members appointed by the president of the Rhode Island

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AFL-CIO, three (3) shall be appointed for a term of two (2) years and three (3) shall be appointed

 

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for a term of three (3) years. Of the two (2) members appointed by the director of the department

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of health, one shall be appointed for a term of two (2) years and one shall be appointed to a term of

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three (3) years. After the initial appointments of those individuals serving two (2) year terms, they,

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or their successors, shall be appointed to three (3) year terms. A vacancy in the office of a member,

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other than by expiration of the member's term, shall be filled in the same manner as the original

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appointment, but only for the remainder of the prevailing term. Members whose terms expire may

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be reappointed.

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     (b) Only members shall have the right to vote.

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     (c) A simple majority of board members shall constitute a quorum.

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     42-162-5. Officers.

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     (a) The position of chairperson shall be unpaid and appointed by the governor, with the

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advice and consent of the senate, from among the members serving on the clean energy workforce

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transition commission. The individual who is appointed chairperson shall serve a three (3) year

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term. The governor may reappoint the individual appointed chairperson to serve another three (3)

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year term.

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     (b) The director of the department of labor and training shall be vice-chair and is authorized

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to preside over meetings in the absence of the chairperson.

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     (c) Executive director. The commission, in consultation with the governor, shall appoint

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an executive director who shall serve at the pleasure of the commission; provided that, the executive

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director's initial engagement by the commission shall be for a period of not more than three (3)

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years. The position of executive director shall be in the unclassified service of the state and he or

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she shall serve as the chief executive officer of the commission.

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     42-162-6. Compensation and expenses.

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     The members of the clean energy workforce transition commission who serve the

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commission in a capacity related to their professional occupation shall receive no compensation for

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their services. Members serving the commission in a capacity unrelated to their professional

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occupation shall be compensated for their time performing their official duties. All members may,

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at the discretion of the executive director of the workforce board, be reimbursed for traveling and

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other expenses actually incurred in the performance of their official duties. The compensation paid

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the executive director, members, personnel, other support staff, and the administrative costs shall

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be drawn from the governor’s discretionary budget.

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     42-162-7. Powers and duties.

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     The clean energy workforce transition commission shall have the following duties:

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     (1) Identify federal and state funds to support any provisions of this chapter, including, but

 

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not limited to, any relevant workforce training programs and the implementation of policies

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identified or established by the commission and/or the governor’s workforce board.

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     (i) Federal funding opportunities that the commission shall examine include, but are not

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limited to, discretionary federal funding opportunities provided under 29 U.S. Code Ch. 32

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(workforce innovation and opportunity) with the goal of providing climate adjustment assistance

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benefits that are similar in type, amount, and duration to federal Trade Adjustment Assistance

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Benefits available pursuant to 20 CFR Part 618;

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     (ii) The commission may pursue inquiries and applications for funds to support the

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provisions of this chapter.

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     (2) Regularly assess, integrate, coordinate, and consult with relevant state agencies, boards,

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councils, and commissions in its implementation of the provisions of this chapter.

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     (3) Prepare a workforce transition strategic plan. The commission shall coordinate with

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the department of labor and training, labor market information division, and the governor’s

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workforce board in the preparation of the plan. The plan shall include objectives and benchmarks,

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which shall be tracked, measured, and evaluated throughout the lifetime of the plan. The plan shall

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be published no later than October 1, 2023 and updated every two (2) years. The plan shall:

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     (i) Include labor market survey data that enables the commission to:

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     (A) Identify and understand the universe of workers currently employed in the energy

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sector by industry, trade, and job classification, along with corresponding relevant information,

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including, but not limited to, current wage and benefit packages and current licensing, certification

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and training requirements;

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     (B) Identify and understand the universe of industries projected to adjust operations,

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downsize, and or close due to efforts by the state and the private sector to decarbonize;

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     (C) Identify and understand the universe of industries and technologies that are projected

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to grow and evolve due to changes in design, construction, and operations strategies to decarbonize

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the economy;

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     (D) Identify and understand the profile of residents living in low-income communities and

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environmental justice focus areas who would benefit from accessing training and employment

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opportunities in clean energy and related industries.

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     (ii) Identify apprenticeable occupations in the clean energy industries and related fields and

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foster the development of new approved apprenticeship programs for these occupations.

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     (iii) Recommend procedures and protocols to support impacted employers in the creation

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and submittal of workforce reduction plans to state and federal entities, in a manner consistent with

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the federal worker adjustment and retraining notification act (WARN Act, 29 U.S. Code 2100 et.

 

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seq.,) and to 29 U.S. Code Ch. 23.

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     (iv) Include objectives and benchmarks including, but not be limited to:

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     (A) Collection of relevant findings and data that enable the commission to accomplish the

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provisions of this chapter;

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     (B) A timeline for each recommendation outlined in the strategic plan, including, but not

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limited to, the establishment of a just transition fund;

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     (C) Associated costs with each recommendation and potential funding streams; and

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     (D) Procedures and public metrics for periodic measurement necessary to accomplish

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recommendations, objectives, and programs outlined in the plan.

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     (v) Recommend policies, actions, as well as education and training programs to enhance

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re-employment opportunities within the energy sector, as well as services to support energy sector

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workers impacted as a result of decarbonization efforts and advancements in clean energy

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technology.

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     (vi) Recommend policies, actions, as well as education and training programs to increase

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access and opportunities for residents of low-income communities and environmental justice focus

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areas to work in clean energy industries.

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     (vii) Include an outline of the necessary mechanisms, structures, policies, and potential

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state and federal funding streams to establish a workforce transition fund to support impacted

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workers and the provisions of this chapter.

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     42-162-8. Cohesion with other departments, boards, and commissions.

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     The clean energy workforce transition commission shall coordinate and consult with the

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department of labor and training, the governor’s workforce board, and the state apprenticeship

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council to establish policies and programs to:

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     (1) Educate impacted workers, in collaboration with employers of impacted workers and

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relevant labor unions, on re-employment or training opportunities through approved apprenticeship

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programs, and how to apply for climate adjustment assistance benefits;

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     (2) Provide training, cross-training, and re-training to workers impacted by gas

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infrastructure loss in the state’s local distribution companies and related businesses;

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     (3) Address the workforce development challenges of the fossil fuel energy sector’s

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shrinking workforce over the course of the state’s thirty (30) year transition to a clean energy

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economy;

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     (4) Incentivize the hiring of impacted energy sector workers with utilities, clean energy

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industries, and related industries;

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     (5) Increase access to employment and training opportunities in clean energy industries

 

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and related fields for residents of low-income communities and environmental justice focus areas;

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     (6) Identify apprenticeable occupations in the clean energy industries and related fields and

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foster the development of new approved apprenticeship programs for these occupations;

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     (7) The executive office of commerce and the office of energy resources to ensure that

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training and employment opportunities for impacted energy sector workers are included in their

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initiatives, incentives, funding opportunities, and projects;

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     (8) The public utilities commission, the department of public utilities and carriers, and other

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entities regulating the energy sector within the state to coordinate workforce transition initiatives,

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complementing the other regulatory priorities of those agencies; and

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     (9) The executive climate change coordinating council, to support the provisions of this

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chapter and to support the provisions of chapter 6.2 of title 42.

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     42-162-9. Severability.

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     If any provision of this chapter, or its application to any person or circumstance, is held

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invalid, the remainder of the chapter and the application of the provision to other persons or

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circumstances shall not be affected by the invalidity.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT- GOVERNOR'S CLEAN ENERGY

WORKFORCE TRANSITION COMMISSION

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     This act creates the Governor’s Clean Energy Workforce Transition Commission with the

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primary purpose of preparing a clean energy workforce transition strategic plan. The commission

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would consist of nineteen (19) members. The commission in consultation with the governor would

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appoint an executive director who would be in the unclassified service of the state.

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     This act would take effect upon passage.

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