2022 -- S 2585 SUBSTITUTE A AS AMENDED | |
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LC004898/SUB A/2 | |
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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 | |
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Introduced By: Senators DiPalma, Kallman, DiMario, Lombardo, Ciccone, Euer, and | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 162 |
4 | GOVERNOR'S CLEAN ENERGY WORKFORCE TRANSITION COMMITTEE |
5 | 42-162-1. Definitions. |
6 | As used in this chapter: |
7 | (1) "Apprenticeable" means any nationally-recognized occupation that has a pre-existing |
8 | registered apprenticeship program approved pursuant to 29 C.F.R. Part 29 and Part 30. |
9 | (2) "Approved apprenticeship program" or "apprenticeship program" means an |
10 | apprenticeship program that has been approved by the U.S. Department of Labor, or by a |
11 | recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such |
12 | programs shall not include those that have obtained only provisional approval status. The required |
13 | apprenticeship programs may either be programs that have specifically allocated funding and are |
14 | subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. |
15 | ("ERISA"), or non-ERISA programs financed by general funds of employers. |
16 | (3) "Environmental justice" means the fair treatment and meaningful involvement of all |
17 | people regardless of race, color, national origin, English language proficiency, or income with |
18 | respect to the development, implementation, and enforcement of environmental laws, regulations, |
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1 | and policies. |
2 | (4) "Environmental justice focus area" means a neighborhood, community, census tract or |
3 | other geographically bounded region that meets one or more of the following criteria: |
4 | (i) Annual median household income is not more than sixty-five percent (65%) of the |
5 | statewide annual median household income; |
6 | (ii) Minority population is equal to or greater than forty percent (40%) of the population; |
7 | (iii) Twenty-five percent (25%) or more of the households lack English language |
8 | proficiency; or |
9 | (iv) Minorities comprise twenty-five percent (25%) or more of the population and the |
10 | annual median household income of the municipality in the proposed area does not exceed one |
11 | hundred fifty percent (150%) of the statewide annual median household income. |
12 | (5) "Fair treatment" means no group of people should bear a disproportionate share of the |
13 | negative environmental consequences resulting from industrial, governmental, or commercial |
14 | operations or policies. |
15 | (6) "Meaningful involvement" means: |
16 | (i) People have an opportunity to participate in decisions about activities that may affect |
17 | their environment and/or health; |
18 | (ii) The public's contribution can influence the regulator agency's decision; |
19 | (iii) Community concerns will be considered in the decision-making process; and |
20 | (iv) Decision makers will seek out and facilitate the involvement of those potentially |
21 | affected. |
22 | 42-162-2. Establishment of the clean energy workforce transition committee. |
23 | There is established an independent clean energy workforce transition advisory committee |
24 | of the governor's workforce board to be known as "the governor's clean energy workforce transition |
25 | committee," (the "committee") that shall have as its purposes the evaluation, planning, and |
26 | coordination of efforts to increase access to employment and training opportunities in clean energy |
27 | industries and related fields. The committee shall: |
28 | (1) Work with stakeholders in clean energy and related fields, including industry leaders, |
29 | labor organizations, and community-based organizations to ensure a properly trained workforce is |
30 | able and ready to deploy the projects and technologies needed to meet the benchmarks established |
31 | in chapter 6.2 of title 42; |
32 | (2) Ensure immediate access to training and employment opportunities in clean energy |
33 | industries and related fields for: |
34 | (i) Workers employed in the energy sector who are impacted by efforts of the state and the |
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1 | private sector to decarbonize the economy; and |
2 | (ii) Residents of low-income communities and environmental justice focus areas; and |
3 | (3) Ensure the provisions of this chapter are accomplished by following environmental |
4 | justice principles. |
5 | (4) Be subject to the provisions of chapter 46 of title 42 ("open meetings act") and chapter |
6 | 2 of title 38 ("access to public records act"). |
7 | 42-162-3. Composition of clean energy workforce transition committee. |
8 | The clean energy workforce transition committee shall be composed of nineteen (19) |
9 | members to be designated by the chair of the governor's workforce board; one of whom shall be |
10 | the director of the department of labor and training, or designee; one of whom shall be the |
11 | chairperson of the state apprenticeship council as established in § 28-45-2; one of whom shall be |
12 | the chairperson of the governor's workforce board; one of whom shall be the chairperson of the |
13 | executive climate change coordinating council, or designee; one of whom shall be the |
14 | commissioner of the office of energy resources, or designee; one of whom shall be a representative |
15 | of a public institution of higher education in Rhode Island; one of whom shall be a representative |
16 | of an employer in the utility sector; one of whom shall be a representative of employers in the |
17 | renewable electricity sector; one of whom shall be a representative of employers in the clean |
18 | transportation sector; one of whom shall be a representative of employers in the clean heating |
19 | sector; one of whom shall be a representative of employees in the gas utility sector as recommended |
20 | by the president of the Rhode Island AFL-CIO; one of whom shall be a representative of employees |
21 | in the electric utility sector as recommended by the president of the Rhode Island AFL-CIO; one |
22 | of whom shall be a representative of employees in the transportation sector as recommended by the |
23 | president of the Rhode Island AFL-CIO; two (2) of whom shall be representatives of employees in |
24 | the clean energy sector as recommended by the president of the Rhode Island AFL-CIO; one of |
25 | whom shall be the president of the Rhode Island Building and Construction Trades Council; one of |
26 | whom shall be a member of the Narragansett Indian Tribe appointed by the Narragansett Tribal |
27 | Council; and two (2) of whom shall be residents from environmental justice focus areas appointed |
28 | by the director of the department of health. |
29 | 42-162-4. Compensation and expenses. |
30 | The members of the clean energy workforce transition committee who serve the committee |
31 | in a capacity related to their professional occupation shall receive no compensation for their |
32 | services. Members serving the committee in a capacity unrelated to their professional occupation |
33 | may, at the discretion of the director of the department of labor and training, be compensated for |
34 | their time performing their official duties. All members may, at the discretion of the executive |
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1 | director of the governor's workforce board, be reimbursed for traveling and other expenses actually |
2 | incurred in the performance of their official duties. The compensation and the administrative costs |
3 | shall be drawn from the budget of the governor's workforce board. |
4 | 42-162-5. Powers and duties. |
5 | The clean energy workforce transition committee shall have the following duties: |
6 | (1) Identify federal and state funds to support any provisions of this chapter, including, but |
7 | not limited to, any relevant workforce training programs and the implementation of policies |
8 | identified or recommended by the committee and/or the governor's workforce board. |
9 | (i) Federal funding opportunities that the committee shall examine include, but are not |
10 | limited to, discretionary federal funding opportunities provided under 29 U.S. Code Ch. 32 |
11 | (workforce innovation and opportunity) with the goal of providing climate adjustment assistance |
12 | benefits that are similar in type, amount, and duration to federal Trade Adjustment Assistance |
13 | Benefits available pursuant to 20 CFR Part 618; |
14 | (ii) The committee may pursue inquiries and applications for funds to support the |
15 | provisions of this chapter. |
16 | (2) Regularly assess, integrate, coordinate, and consult with relevant state agencies, boards, |
17 | councils, and commissions in its implementation of the provisions of this chapter. |
18 | (3) Prepare a workforce transition strategic plan. The committee shall coordinate with the |
19 | department of labor and training, labor market information division, and the governor's workforce |
20 | board in the preparation of the plan. The plan shall include objectives and benchmarks, which shall |
21 | be tracked, measured, and evaluated throughout the lifetime of the plan. The plan shall be published |
22 | no later than October 1, 2023 and updated every two (2) years. The plan shall: |
23 | (i) Include labor market survey data that enables the committee to: |
24 | (A) Identify and understand the universe of workers currently employed in the energy |
25 | sector by industry, trade, and job classification, along with corresponding relevant information, |
26 | including, but not limited to, current wage and benefit packages and current licensing, certification |
27 | and training requirements; |
28 | (B) Identify and understand the universe of industries projected to adjust operations, |
29 | downsize, and or close due to efforts by the state and the private sector to decarbonize; |
30 | (C) Identify and understand the universe of industries and technologies that are projected |
31 | to grow and evolve due to changes in design, construction, and operations strategies to decarbonize |
32 | the economy; and |
33 | (D) Identify and understand the profile of residents living in low-income communities and |
34 | environmental justice focus areas who would benefit from accessing training and employment |
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1 | opportunities in clean energy and related industries; and |
2 | (ii) Recommend procedures and protocols to support impacted employers in the creation |
3 | and submittal of workforce reduction plans to state and federal entities, in a manner consistent with |
4 | the federal worker adjustment and retraining notification act (WARN Act, 29 U.S. Code 2100 et. |
5 | seq.) and to 29 U.S. Code Ch. 23. |
6 | (iii) Include objectives and benchmarks including, but not be limited to: |
7 | (A) Collection of relevant findings and data that enable the committee to accomplish the |
8 | provisions of this chapter; |
9 | (B) A timeline for each recommendation outlined in the strategic plan, including, but not |
10 | limited to, the establishment of a just transition fund; |
11 | (C) Associated costs with each recommendation and potential funding streams; and |
12 | (D) Procedures and public metrics for periodic measurement necessary to accomplish |
13 | recommendations, objectives, and programs outlined in the plan. |
14 | (iv) Recommend policies, actions, as well as education and training programs to enhance |
15 | re-employment opportunities within the energy sector, as well as services to support energy sector |
16 | workers impacted as a result of decarbonization efforts and advancements in clean energy |
17 | technology. |
18 | (v) Recommend policies, actions, as well as education and training programs to increase |
19 | access and opportunities for residents of low-income communities and environmental justice focus |
20 | areas to work in clean energy industries. |
21 | (vi) Include an outline of the necessary mechanisms, structures, policies, and potential state |
22 | and federal funding streams to establish a workforce transition fund to support impacted workers |
23 | and the provisions of this chapter. |
24 | (4) Identify federal and state funds to support any provisions of this chapter, including, but |
25 | not limited to, any relevant workforce training programs and the implementation of policies |
26 | identified or recommended by the committee and/or the governor's workforce board. |
27 | (i) Federal funding opportunities that the committee shall examine include, but are not |
28 | limited to, discretionary federal funding opportunities provided under 29 USC Chapter 32 with the |
29 | goal of providing climate adjustment assistance benefits that are similar in type, amount, and |
30 | duration to federal Trade Adjustment Assistance Benefits available pursuant to 20 CFR Part 618; |
31 | and |
32 | (ii) The committee may pursue inquiries and applications for funds to support the |
33 | provisions of this chapter. |
34 | 42-162-6. Cohesion with other departments, boards, and commissions. |
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1 | (b) The clean energy workforce transition committee shall coordinate and consult with the |
2 | department of labor and training, the governor's workforce board, and the state apprenticeship |
3 | council to establish policies and programs to: |
4 | (1) Educate impacted workers, in collaboration with employers of impacted workers and |
5 | relevant labor unions, on re-employment or training opportunities through approved apprenticeship |
6 | programs, and how to apply for climate adjustment assistance benefits; |
7 | (2) Provide training, cross-training, and re-training to workers impacted by gas |
8 | infrastructure loss in the state's local distribution companies and related businesses; |
9 | (3) Address the workforce development challenges of the fossil fuel energy sector's |
10 | shrinking workforce over the course of the state's thirty (30) year transition to a clean energy |
11 | economy; |
12 | (4) Incentivize the hiring of impacted energy sector workers with utilities, clean energy |
13 | industries, and related industries. |
14 | (5) Increase access to employment and training opportunities in clean energy industries |
15 | and related fields for residents of low-income communities and environmental justice focus areas. |
16 | "(b) The clean energy workforce transition advisory committee shall coordinate and |
17 | consult with: |
18 | (1) The executive office of commerce and the office of energy resources to ensure that |
19 | training and employment opportunities for impacted energy sector workers are included in their |
20 | initiatives, incentives, funding opportunities, and projects; |
21 | (2) The public utilities commission, the department of public utilities and carriers, and other |
22 | entities regulating the energy sector within the state to coordinate workforce transition initiatives, |
23 | complementing the other regulatory priorities of those agencies; and |
24 | (3) The executive climate change coordinating council, to support the provisions of this |
25 | chapter and to support the provisions of chapter 6.2 of title 42. |
26 | 42-162-7. Severability. |
27 | If any provision of this chapter, or its application to any person or circumstance, is held |
28 | invalid, the remainder of the chapter and the application of the provision to other persons or |
29 | circumstances shall not be affected by the invalidity. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC004898/SUB A/2 | |
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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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1 | This act creates the governor's clean energy workforce transition committee with the |
2 | primary purpose of preparing a clean energy workforce transition strategic plan. The committee |
3 | would consist of nineteen (19) members. |
4 | This act would take effect upon passage. |
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