2022 -- S 2740 | |
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LC005573 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN | |
RENEWABLE ENERGY PROJECTS | |
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Introduced By: Senators Ruggerio, McCaffrey, Goodwin, and Euer | |
Date Introduced: March 24, 2022 | |
Referred To: Senate Commerce | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND |
2 | CARRIERS" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 26.8 |
4 | LABOR STANDARDS IN RENEWABLE ENERGY PROJECTS |
5 | 39-26.8-1. Short title. |
6 | This chapter shall be known and may be cited as "Labor Standards in Renewable Energy |
7 | Projects." |
8 | 39-26.8-2. Definitions. |
9 | For the purposes of this chapter: |
10 | (1) "Approved apprenticeship program" or "apprenticeship program" means an |
11 | apprenticeship program that has been approved by the U.S. Department of Labor, or by a |
12 | recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such |
13 | programs shall not include those that have obtained only provisional approval status. The required |
14 | apprenticeship programs may either be programs that have specifically allocated funding and are |
15 | subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. |
16 | ("ERISA"), or non-ERISA programs financed by general funds of employers. |
17 | (2) "Covered project" means a renewable energy project that: |
18 | (i) Utilizes renewable energy resources; |
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1 | (ii) Is situated on land within the boundaries of this state; |
2 | (iii) Is situated on or in water within the boundaries of this state; |
3 | (iv) Has a construction commencement date on or after July 30, 2022; |
4 | (v) Has a total nameplate capacity of two megawatts (2mw) or more; and |
5 | (vi) Is constructed and or operated pursuant to chapters 26.1, 26.4 or 26.6 of title 39. |
6 | (3) "Department" means the department of labor and training. |
7 | (4) "Director" means the director of the department of labor and training. |
8 | (5) "Project labor agreement" means a single site collective bargaining agreement between |
9 | construction trade unions and site contractors allowed under 29 U.S.C. 158(f) of the National Labor |
10 | Relations Act that governs the terms and conditions of employment for all craft labor on a |
11 | designated project. |
12 | (6) "Labor organization" means any organization which exists and is constituted for the |
13 | purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning |
14 | grievances, terms or conditions of employment, or of other mutual aid or protection and which is |
15 | not a company union as defined in § 28-7-3. |
16 | (7) "Renewable energy project" means the construction, installation, use, maintenance, |
17 | operation, changing or retiring of a renewable energy resource. |
18 | (8) "Renewable energy resources" means any renewable power generation source listed in |
19 | § 39-26-5(a). |
20 | 39-26.8-3. Responsibilities of developers and the state, its subdivisions or quasi-public |
21 | agencies. |
22 | (a) When a covered project receives any financial incentives, tax relief or subsidies from |
23 | the state or any of its subdivisions or quasi-public agencies, the developer and its contractors shall |
24 | enter into a project labor agreement with the unions constructing the project. |
25 | (b) All specifications in any invitations to bid on any covered project under this section |
26 | that is valued at five million dollars ($5,000,000) or more shall include a requirement that all |
27 | responding bidders shall have an approved apprenticeship program for all crafts or trades with |
28 | apprenticeship programs that will be employed on the project at the time of bid. All responding |
29 | bidders shall also provide proof in the bid package of the existence of an approved apprenticeship |
30 | program for all crafts or trades that will be employed on the project by all contractors and |
31 | subcontractors. |
32 | (c) The developer of a covered project shall take all necessary actions to ensure that each |
33 | contractor and subcontractor involved in the construction of the project completes a sworn |
34 | certification that the prime contractor, general contractor, or subcontractor: |
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1 | (1) Has the necessary resources to perform the portion of the covered project to which the |
2 | contractor or subcontractor is assigned, including the necessary technical, financial and personnel |
3 | resources; |
4 | (2) Has all required contractor, specialty contractor or trade licenses, certifications or |
5 | certificates required of any business entity or individual by applicable state or local law; |
6 | (3) Participates in apprenticeship programs pursuant to 29 C.F.R. Part 29 and Part 30 for |
7 | the occupations the contractor will employ for its awarded scope of work on the covered project; |
8 | (4) When the contractor or subcontractor has five (5) or more employees, ensure that no |
9 | less than fifteen percent (15%) of the labor hours worked on the project shall be performed by |
10 | registered apprentices for all crafts or trades with approved apprenticeship programs that will be |
11 | employed on the project; |
12 | (5) During the previous three (3) years: |
13 | (i) Has not been debarred by any government agency; |
14 | (ii) Has not defaulted on any project; |
15 | (iii) Has not had any license, certification or other credential relating to the business |
16 | revoked or suspended; and |
17 | (iv) Has not been found in violation of any law applicable to the contractor's or |
18 | subcontractor's business that resulted in the payment of a fine, back pay damages or any other type |
19 | of penalty in the amount of five thousand dollars ($5,000) or more; |
20 | (6) Will pay personnel employed on the project not less than the applicable wage and fringe |
21 | benefit rates for the classification in which such personnel is employed for the project; and |
22 | (7) Has not misclassified and will not misclassify labor employees as independent |
23 | contractors. |
24 | 39-26.8-4. Prevailing wage payment for construction, operation, and maintenance |
25 | employees. |
26 | (a) Each contractor and subcontractor on a covered project shall: |
27 | (1) Pay each construction employee wages and benefits that are not less than the prevailing |
28 | wage and fringe benefit rates in compliance with chapter 13 of title 37 for the corresponding |
29 | classification in which the employee is employed, and |
30 | (2) Be subject to all reporting and compliance requirements of chapter 13 of title 37. |
31 | (b) Contractors and subcontractors that violate subsection (a)(1) of this section, shall be |
32 | subject to penalties and sanctions in accordance with chapter 13 of title 37. |
33 | (c) Each operations and maintenance employee employed in a building or facility that is |
34 | constructed as a covered project shall be paid wages and benefits that are not less than the prevailing |
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1 | wage and fringe benefit rates in compliance with chapter 13 of title 37. |
2 | 39-26.8-5. Sworn certification of compliance. |
3 | (a) The developer of a covered project shall submit to the department a sworn certification |
4 | of compliance with this chapter, not later than thirty (30) days prior to commencement of |
5 | construction of the project. Such sworn certification shall be considered a public document, and |
6 | shall be made available, without redaction, on the department’s website, not later than seven (7) |
7 | days after being submitted to the department. |
8 | (b) If the sworn certification contains false, misleading, or materially inaccurate |
9 | information, the contractor or subcontractor that executed such sworn certification, shall, after |
10 | notice and opportunity to be heard, be subject to penalties and sanctions by the department. |
11 | 39-26.8-6. Payment of wages due. |
12 | The department is hereby authorized and directed to pay to mechanics, laborers and |
13 | workers, from any accrued payments withheld under the terms of a terminated public works' |
14 | contract, any wages found to be due such mechanics, laborers and workers. |
15 | 39-26.8-7. Recordkeeping obligations. |
16 | (a) Each employer that is subject to the provisions of this chapter shall: |
17 | (1) Keep, maintain and preserve records relating to the wages and hours worked by each |
18 | mechanic, laborer and worker and a schedule of the occupation or work classification at which each |
19 | mechanic, laborer or worker on the project is employed, during each work day and week. These |
20 | records shall be maintained in such manner and form as the director establishes to assure the proper |
21 | payments due to such persons or employee welfare funds under this chapter, regardless of any |
22 | contractual relationship alleged to exist between the contractor and such person; and |
23 | (2) Submit a monthly certified payroll record to the contracting agency or to the developer |
24 | of a covered project, which shall consist of a complete copy of the payroll records, accompanied |
25 | by a statement signed by the employer that indicates: |
26 | (i) Such records are accurate; |
27 | (ii) The rate of wages paid to each mechanic, laborer or worker and the amount of payment |
28 | or contributions paid or payable on behalf of each such person to any employee welfare fund, is |
29 | not less than the prevailing rate of wages and the amount of payment or contributions paid or |
30 | payable on behalf of each such person to any employee welfare fund and not less than those |
31 | required by the contract to be paid; |
32 | (iii) The employer has complied with the applicable provisions of this chapter; |
33 | (iv) Each such person is covered by a workers' compensation insurance policy for the |
34 | duration of such person's employment, which shall be demonstrated by submitting to the |
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1 | contracting agency the name of the workers' compensation insurance carrier covering each such |
2 | person, the effective and expiration dates of each policy and each policy number; |
3 | (v) The employer has not received any kickbacks, as defined in 41 U.S.C. 52, from any |
4 | employee or employee welfare fund; and |
5 | (vi) Pursuant to the provisions of this chapter, the employer is aware that filing a certified |
6 | payroll which the employer knows to be false is a felony, for which the employer may be fined up |
7 | to five thousand dollars ($5,000), imprisoned for up to five (5) years, or both. |
8 | (b) Notwithstanding any contrary provisions of the general laws, the certified payroll shall |
9 | be considered a public record and every person shall have the right to inspect and copy such records. |
10 | (c) Except as provided in subsection (b) of this section, any copy of records made available |
11 | for inspection as copies and furnished upon request to the public or any public agency by the |
12 | awarding body or the department of labor and training shall be redacted to prevent disclosure of an |
13 | individual’s name, address, and social security number. The name and address of the contractor |
14 | awarded the contract or the subcontractor performing the contract shall not be redacted. Any copy |
15 | of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley Trust |
16 | Fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating |
17 | contributions to participants shall be redacted only to prevent disclosure of an individual’s full |
18 | social security number, but shall provide the last four digits of the social security number. Any |
19 | copy of records made available for inspection by, or furnished to, a joint labor-management |
20 | committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 |
21 | U.S.C. Sec. 175a) shall be redacted only to prevent disclosure of an individual’s social security |
22 | number. |
23 | (d) Notwithstanding any other provision of law, agencies and law enforcement agencies |
24 | investigating violations of law shall, upon request, be provided unredacted copies of certified |
25 | payroll records. Any copies of records or certified payroll made available for inspection and |
26 | furnished upon request to the public by an agency or law enforcement agency investigating a |
27 | violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, |
28 | and social security number. |
29 | 39-26.8-8. Power and enforcement of the department of labor and training. |
30 | (a) The director of the department of labor and training and his or her designated |
31 | representatives shall have the right to enter any place of business of employment to inspect |
32 | employment records and to ensure that the provisions of this chapter are complied with as well as |
33 | the power to administer oaths and examine witnesses, issue subpoenas, compel the attendance of |
34 | witnesses and production of documents, and to take depositions and affidavits. |
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1 | (b) The department of labor and training shall promulgate regulations to implement this |
2 | chapter. |
3 | 39-26.8-9. Severability. |
4 | If any provision of this chapter or the application thereof to any person or circumstances is |
5 | held invalid, such invalidity shall not affect other provisions or applications of the chapter, which |
6 | can be given effect without the invalid provision or application, and to this end the provisions of |
7 | this chapter are declared to be severable. |
8 | SECTION 2. This act shall take effect upon passage. |
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LC005573 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN | |
RENEWABLE ENERGY PROJECTS | |
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1 | This act would add a new chapter known as the Labor Standards in Renewable Energy |
2 | Projects. It would provide definitions, responsibilities of the developer and the state, prevailing |
3 | wage payment, sworn certification of compliance, payment of wages due, record keeping with the |
4 | power of enforcement vested in the department of labor and training. |
5 | This act would take effect upon passage. |
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