Bill Text: HI HB187 | 2024 | Regular Session | Amended
Bill Title: Relating To Renewable Energy.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed) 2023-12-11 - Carried over to 2024 Regular Session. [HB187 Detail]
Download: Hawaii-2024-HB187-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
187 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RENEWABLE ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§196- Project
labor standards for large-scale renewable energy projects; attestation or
declaration; project labor agreement.
(a) A person who constructs a covered project
sited in the State shall, within thirty days from the date construction begins,
provide a signed attestation or declaration to the department of labor and
industrial relations stating to the best of the person's knowledge and belief,
under penalty of perjury, that during all periods of construction all
contractors and subcontractors working on the covered project shall:
(1) Use apprentices
enrolled in or graduated from an apprenticeship program pursuant to chapter
372;
(2) Have policies
in place that are designed to limit or prevent workplace harassment and
discrimination and that promote workplace diversity, equity and inclusion;
(3) Maintain a license,
be in good standing to perform the work, and remain eligible to receive a
contract or subcontract for public works under chapter 104;
(4) Demonstrate a
history of material compliance in the previous seven years, or provide
available history for new businesses, with the rules and other requirements of
state agencies with oversight regarding workers' compensation, building codes,
and occupational safety and health;
(5) Demonstrate a
history of compliance, in the previous seven years, or provide available
history for new businesses, with federal and state wage and hour laws;
(6) Provide
quarterly reporting and recordkeeping to the covered project's owner or
applicable electric utility and respond to records requests and verification;
(7) Pay no less
than the prevailing wage rate reflected in the Hawaii prevailing wage statute
set forth in chapter 104 for an hour's work in the same trade or occupation in
the county where the labor is performed; and
(8) Offer health
care and retirement benefits to the employees performing the labor on the
covered project.
(b) In addition to the requirements described in
subsection (a), the attestation or declaration shall include the following
information:
(1) The megawatt
capacity and physical footprint in acres of the covered project;
(2) The geographic
location of the covered project;
(3) The estimated
workforce requirements of the covered project;
(4) A collated list
of good faith effort documentation; and
(5) A description
of any policies in place for ensuring the person meets the requirements of this
section.
(c) A person shall be exempt from the
requirements of subsection (a) if the person provides the department of labor
and industrial relations with a copy of a project labor agreement for the
covered project.
(d) A person constructing a covered project shall
notify the purchaser of the covered project or the purchaser of the energy from
the covered project of the signed attestation or declaration required pursuant
to subsection (a) or of the existence of a project labor agreement under
subsection (c), the notice of which shall identify the signatories to the
agreement.
(e) The department of labor and industrial
relations shall retain in a manner consistent with the department's record
retention rules the attestation or declaration and, if applicable, the project
labor agreement filed with the department.
(f) An attestation or declaration and, if
applicable, a project labor agreement provided to the department of labor and
industrial relations pursuant to this section shall be subject to public
records disclosure pursuant to chapter 92F and the department shall provide a
copy of the attestation or declaration and, if applicable, the project labor
agreement upon request.
(g) An attestation or declaration and, if
applicable, a project labor agreement filed under this section shall be for
reporting purposes only and the department of labor and industrial relations shall
not use an attestation or declaration and, if applicable, a project labor
agreement to investigate, regulate, or enforce matters addressed in the
attestation, declaration, or project labor agreement.
(h) Nothing in this section shall prohibit:
(1) The inclusion
of labor standards in addition to those required by subsection (a) in contracts
that are subject to this section;
(2) A person
from using a project labor agreement to meet the minimum requirements of
subsection (a); or
(3) A project labor agreement from including
additional provisions that:
(A) Permit qualified contractors and
subcontractors to bid for and be awarded work on the covered project without
regard to whether they are otherwise parties to a collective bargaining
agreement; and
(B) Guarantee against work stoppages, strikes, lockouts, and similar disruptions of the covered project.
(i) As used in this section:
"Apprentice" shall have
the same meaning as that term is defined in section 372-2.
"Construction" includes
on-site and off-site construction and fabrication and covers thirty days after
project completion.
"Covered project" means
a renewable energy generation, sequestration, or storage facility with a
capacity rating of ten megawatts or greater.
"Project labor agreement" means a prehire collective bargaining agreement as described in title 29 United States Code section 158(f) that establishes the terms and conditions of employment for a specific construction project or contract."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on June 30, 3000.
Report Title:
Renewable Energy Projects; Large-Scale Renewable Energy Projects; Labor Standards; Union Labor
Description:
Establishes labor requirements for the construction of renewable energy projects with a capacity rating of ten megawatts or greater. Effective 6/30/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
