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General Assembly Raised Bill No. 999
January Session, 2021
LCO No. 3799
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING A JUST TRANSITION TO CLIMATE-
PROTECTIVE ENERGY PR ODUCTION AND COMMUNITY
INVESTMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For the purposes of this 1
section, unless the context otherwise requires: 2
(1) "Assisted project" means a construction project that concerns the 3
development of a renewable energy project or an energy efficiency 4
project, or is a construction project related thereto, for which the state 5
provides economic assistance of any kind, including, but not limited to, 6
renewable energy credits, grants, loans, commitments of funds, or tax 7
abatements or exemptions or other assistance with a total present 8
financial value of one million dollars or more. 9
(2) "Renewable energy project" means a project that is intended to or 10
will have the effect of enhancing energy efficiency, building 11
electrification upgrades, the development of renewable energies, or 12
enhancing climate change resiliency, including projects that create 13
useable energy from solar power, wind power, a fuel cell, geothermal 14 Raised Bill No. 999
LCO No. 3799 2 of 23
sources, landfill methane gas, anaerobic digestion or other biogas 15
derived from biological sources, thermal electric direct energy 16
conversion from a certified Class I renewable energy source, ocean 17
thermal power, wave or tidal power, low emission advanced renewable 18
energy conversion technologies, and zero emission low grade heat 19
power generation systems based on organic oil free rankine, kalina or 20
similar nonstream cycles that use waste heat from an industrial or 21
commercial process that does not generate electricity, a run-of-the-river 22
hydropower facility that began operation after July 1, 2003, and has a 23
generating capacity of not more than thirty megawatts, a run-of-the-24
river hydropower facility that received a new license after January 1, 25
2018, or a biomass facility that uses sustainable biomass fuel, as defined 26
in subsection (a) of section 16-1 of the general statutes. 27
(3) "Community benefits agreements" means an agreement between 28
(A) a recipient of state assistance for an assisted project, and (B) 29
community-based organizations or a coalition of organizations, which 30
agreement shall detail the project's contributions to the community in 31
which it is sited, and the aspects of the project that will mitigate adverse 32
conditions in the community in which it is sited and create opportunities 33
for local businesses, communities and workers. 34
(4) "Labor organization" means any organization which exists and is 35
constituted for the purpose, in whole or in part, of collective bargaining, 36
or of dealing with employers concerning grievances, terms or conditions 37
of employment, or of other mutual aid or protection and which is not a 38
company union, including, but not limited to, bona fide labor 39
organizations that are certified or recognized as the organization of 40
jurisdiction representing the workers involved or bona fide building 41
and construction trades councils or district councils and state and local 42
labor federations comprised of local unions certified or recognized as 43
the representative of the workers. 44
(5) "Project labor agreement" means a prehire collective bargaining 45
agreement between a construction industry employer and a bona fide 46
building and construction trade labor organization representing all 47 Raised Bill No. 999
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construction trades that will perform work on a project and that 48
provides that only contractors and subcontractors who agree to comply 49
with the project labor agreement shall be eligible to perform work on 50
the project. A project labor agreement establishes the terms and 51
conditions of employment for a specific construction project and is an 52
agreement described in 29 USC 158(f), as amended from time to time. 53
(6) "State" means the state of Connecticut or any political subdivision 54
thereof. 55
(7) "Workforce development program" means a program pursuant to 56
which newly hired employees and already hired employees from 57
disadvantaged communities, including zip codes with high rates of 58
poverty, unemployment and chronic unemployment, as well as 59
individuals with barriers to employment, including people who have 60
been incarcerated, and people who have been tradi tionally 61
underrepresented in the relevant employment, are given the 62
opportunities for skill development that will enable them to qualify for 63
higher paying jobs on an assisted project. A workforce development 64
program includes: (A) Apprenticeship training through a class A 65
apprenticeship program for each trade in which it employs craft 66
workers that is actively training employees, has functioning training 67
facilities, and is regularly graduating apprentices to journey person 68
status, and such apprentices are placed in employment, and (B) 69
preapprenticeship training that will enable students to qualify for 70
apprenticeship training in a class A apprenticeship program. 71
(8) "Class A apprenticeship program" means an apprenticeship 72
training program for each trade in which it employs craft workers that 73
is registered with and approved by the U.S. Department of Labor or a 74
state apprenticeship agency and has provided proof within seven days 75
of a request from the authority or any authority or agency that its 76
program is actively training employees, has functioning training 77
facilities, and is regularly graduating apprentices to journey person 78
status, and such apprentices are placed in employment. 79 Raised Bill No. 999
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(b) The following requirements shall apply to any projects assisted 80
under this section: 81
(1) To the full extent permitted by law, the party which, either directly 82
or indirectly, receives assistance for work on an assisted project shall 83
take all necessary actions to ensure that a community benefits 84
agreement is entered into with appropriate community organizations 85
representing residents of the affected community; 86
(2) To the full extent permitted by law, the party which, either directly 87
or indirectly, receives assistance for work on an assisted project shall 88
take all necessary actions to ensure that a workforce development 89
program is established. 90
(3) The party which receives assistance for work on an assisted project 91
shall take all necessary actions to ensure that each contractor and 92
subcontractor involved in the construction of the assisted project 93
completes a sworn certification that the firm: (A) Has the necessary 94
resources to perform the portion of the assisted project to which they are 95
assigned, including the necessary technical, financial and personnel 96
resources; (B) has all required contractor, specialty contractor or trade 97
licenses, certifications or certificates required of any business entity or 98
individual by applicable state or local law; (C) participates in an 99
apprenticeship training program for each trade in which it employs craft 100
workers that is registered with and approved by the U.S. Department of 101
Labor or a state apprenticeship agency and shall provide proof within 102
seven days of a request from the authority or any authority or agency 103
that its program is actively training employees, has functioning training 104
facilities, and is regularly graduating apprentices to journey person 105
status, and such apprentices are placed in employment, hereinafter 106
referred to as "class A apprenticeship programs"; and (D) during the 107
previous three years (i) has not been debarred by any government 108
agency; (ii) has not defaulted on any project; (iii) has not had any license, 109
certification or other credential relating to the business revoked or 110
suspended; (iv) has not been found in violation of any law applicable to 111
its business that resulted in the payment of a fine, back pay damages, or 112 Raised Bill No. 999
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any other type of penalty in the amount of ten thousand dollars or more; 113
will pay craft personnel employed on the project, at a minimum, the 114
applicable wage and fringe benefit rates for the classification in which 115
the worker is employed in accordance with applicable required rates for 116
the project; and (v) has not misclassified and will not misclassify craft 117
labor employees as independent contractors. 118
(4) The party which receives assistance on an assisted project shall 119
submit to the Labor Commissioner the certifications of compliance with 120
responsible contractor requirements specified in subdivision 6 of this 121
subsection not later than thirty days prior to commencement of 122
construction of the project, and such certifications shall constitute public 123
documents which shall be made available without redaction on a 124
publicly available web site not later than seven days after being 125
submitted to the Labor Commissioner. 126
(5) A responsible contractor certification containing false, misleading, 127
or inaccurate information shall, after notice and opportunity to be heard, 128
subject the firm that has executed such certification to a three-year 129
debarment from future public and publicly assisted projects and other 130
applicable penalties and sanctions. 131
(6) The failure of a party receiving assistance on an assisted project to 132
take reasonable steps to ensure that contractors' responsible contractor 133
certifications submitted pursuant to subdivision 4 of this subsection are 134
accurate and truthful shall constitute a material breach of the agreement, 135
grant, loan, commitment of funds or other instrument pursuant to 136
which under which assistance is provided and shall permit the state to 137
impose appropriate penalties and sanctions for conduct constituting 138
noncompliance, including, but not limited to, revocation of part or all of 139
the assistance provided by the state. 140
(c) In addition to the other requirements of this section, the following 141
requirements shall apply to assisted projects covered by this section that 142
are designed to create at least five megawatts of power or more, to all 143
utility-owned projects, and to all site work on grid-connected projects 144 Raised Bill No. 999
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that are designed to create two and one-half megawatts or more of 145
power: 146
(1) Contractors and subcontractors on assisted projects shall pay 147
construction craft employees on the project, at a minimum, the 148
applicable prevailing wage and fringe benefit rates for the appropriate 149
classification in which the worker is employed. Firms engaged in the 150
construction of an assisted project shall be subject to all reporting and 151
compliance requirements of section 31-53 of the general statutes. 152
Contractors that violate the prevailing wage requirements on assisted 153
projects shall be subject to penalties and sanctions in accordance with 154
said section. In addition, the failure of a party receiving assistance on an 155
assisted project to take reasonable steps to ensure that contractors 156
comply with this subdivision shall constitute a material breach of the 157
agreement, grant, loan, commitment of funds, or other instrument 158
pursuant to which under which assistance is provided and shall permit 159
the state to impose appropriate penalties, including, but not limited to, 160
revocation or recoupment of all or part of the assistance provided by the 161
state, and an award of compensation to employees who were deprived 162
of the benefits of applicable wage and benefit standards. 163
(2) Prevailing wage requirements under this section shall not apply 164
to assisted projects covered by project labor agreements. 165
(d) In addition to the other requirements of this section, the following 166
requirements shall apply to assisted projects covered by this section that 167
are grid-connected or utility-owned, and that are designed to produce 168
not less than twenty megawatts of power: 169
(1) The party which, either directly or indirectly, receives assistance 170
for work on an assisted project shall take the necessary actions to ensure 171
that a project labor agreement is executed between the general 172
contractor or other entity responsible for construction of the assisted 173
project and a labor organization to supply skilled craft personnel in all 174
crafts needed for the project in the area where the project is located. 175
(2) A project labor agreement executed for purposes of this section 176 Raised Bill No. 999
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shall include the necessary provisions to: (A) Bind all contractors and 177
subcontractors on the assisted project to the project labor agreement 178
through the inclusion of appropriate specifications in all relevant 179
solicitation provisions and contract documents; (B) allow all contractors 180
and subcontractors to compete for contracts and subcontracts on the 181
project without regard to whether they are otherwise parties to 182
collective bargaining agreements; (C) establish uniform terms and 183
conditions of employment for all construction craft labor employed on 184
the projects; (D) contain guarantees against strikes, lockouts and similar 185
job disruptions; (E) set forth effective, prompt and mutually binding 186
procedures for resolving labor disputes arising during the project labor 187
agreement; and (F) include any other provisions as negotiated by the 188
parties needed to promote successful delivery of the assisted project. 189
(3) The failure of a party receiving assistance for work on an assisted 190
project to ensure compliance with the requirements of subdivision 2 of 191
this subsection shall constitute a material breach of the agreement, 192
grant, loan, commitment of funds, or other instrument pursuant to 193
which assistance has been provided and, in the event of such failure, the 194
state shall impose appropriate penalties and sanctions for conduct 195
constituting noncompliance, which may include, but are not limited to, 196
revocation or recoupment of all or part of the assistance provided by the 197
state. 198
(e) For purposes of this section: 199
(1) "Best value" has the same meaning as prescribed in section 4e-1 of 200
the general statutes; 201
(2) "Contracting team" means the lead contractor and project 202
subcontractors; 203
(3) "Assisted project" means a construction project that concerns the 204
development of a renewable energy project or energy efficiency project, 205
or is a construction project related thereto, as to which the state provides 206
economic assistance of any kind including, but not limited to, renewable 207
energy credits, grants, loans, commitments of funds, or tax abatements 208 Raised Bill No. 999
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or exemptions or other assistance with a total present financial value of 209
one million dollars or more; 210
(4) "Renewable energy project" means a project that is intended to or 211
will have the effect of enhancing energy efficiency, building 212
electrification upgrades, the development of renewable energies, or 213
enhancing climate change resiliency, including projects that create 214
useable energy from solar power, wind power, a fuel cell, geothermal 215
sources, landfill methane gas, anaerobic digestion or other biogas 216
derived from biological sources, thermal electric direct energy 217
conversion from a certified Class I renewable energy source, ocean 218
thermal power, wave or tidal power, low emission advanced renewable 219
energy conversion technologies, and zero emission low grade heat 220
power generation systems based on organic oil free rankine, kalina or 221
similar nonstream cycles that use waste heat from an industrial or 222
commercial process that does not generate electricity, a run-of-the-river 223
hydropower facility that began operation after July 1, 2003, and has a 224
generating capacity of not more than thirty megawatts, a run-of-the-225
river hydropower facility that received a new license after January 1, 226
2018, or a biomass facility that uses sustainable biomass fuel, as defined 227
in subsection (a) of section 16-1 of the general statutes; 228
(5) "Employment conditions" means the terms under which 229
employees provide their labor to a contractor, and shall include, but not 230
be limited to, wage rates, insurance, paid sick and vacation leave, 231
retirement benefits, uniform and tool allowances, longevity bonuses, 232
provision of break time, provision of break areas, provision of full-time 233
jobs rather than part-time jobs, the existence of a labor peace agreement 234
with any union seeking to represent that the contractor's employees, 235
health and safety protections, and the existence of a collective 236
bargaining agreement; 237
(6) "Offeror" means the project owner, developer or other entity 238
which seeks to propose to receive assistance for an assisted project; 239
(7) "Lead contractor" means the general contractor, construction 240 Raised Bill No. 999
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manager or other prime contractor which is contracted by the offeror to 241
perform work on an assisted project; 242
(8) "Project team" means the lead contractors and all subcontractors 243
proposed for the assisted project; and 244
(9) "State" means the state of Connecticut or any political subdivision 245
thereof. 246
(A) The state may select recipients of state assistance for an assisted 247
project using either a competitive bidding or a competitive negotiation 248
process. Solicitations used in connection with an assisted project shall 249
utilize the following procedures: Solicitations shall be designed to 250
ensure best value results for the state by: (i) Permitting project proposals 251
for any type of viable renewable energy source; and (ii) promoting 252
maximum competition among qualified offerors presenting proposals. 253
(B) Solicitations shall be administered through a public request for 254
proposals process that provides adequate notice, instructions for 255
submitting proposals and other relevant information as determined by 256
the agency. 257
(C) Requests for proposals shall require that proposals from an 258
offeror include: (i) Proposed project, including type, viability and 259
projected amount of energy, project plan and schedule, and (ii) the 260
qualifications, resources and capabilities of the offeror and the project 261
team to be used on the project. 262
(D) The agency shall approve the project that provides the best value, 263
considering the viability and benefits of the proposed project and 264
qualifications of the offeror and project team. 265
(E) Requests for proposals shall be administered in compliance with 266
this section and additional instructions set forth in the solicitation and 267
notice of requests for proposals. The agency shall evaluate proposals on 268
the basis of a maximum point scale. Proposals shall be scored only on 269
the basis of the evaluation factors set forth in the request for proposals. 270 Raised Bill No. 999
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(F) Request for proposals shall include only factors listed in this 271
section and any additional factors or subfactors the state deems 272
necessary for achieving best value results. 273
(G) The offeror that complies with the specifications and 274
requirements of the request for proposals and receives the highest 275
maximum score shall be selected by the agency for the project award. 276
(H) In evaluating competitive proposals, the agency shall evaluate 277
the proposed project on the following factors: 278
(i) Projected amount of energy to be generated; 279
(ii) Viability of the proposed energy source; 280
(iii) Feasibility of the project plan and schedule; 281
(iv) Qualifications of the offeror and the project team; 282
(v) Positive impact on the community and disadvantaged populace; 283
(vi) Employment conditions; and 284
(vii) Environmental impacts of the proposed project. 285
(I) The offeror's qualifications shall be determined by an evaluation 286
of its past performance record, expertise and technical qualifications 287
and present performance capabilities, including financial resources and 288
experience of the offeror's senior management and project team 289
management. 290
(J) The qualifications of the lead contractor and subcontractors shall 291
be determined by an evaluation of the following subfactors: 292
(i) Evaluation of this subfactor requires a review of past projects, 293
including budget, schedule and safety data, performance evaluation 294
reports, quality of workmanship and compliance with project 295
specifications; 296 Raised Bill No. 999
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(ii) Evaluation of this subfactor requires examination of the general 297
and specific experience in relevant market sectors and in projects similar 298
to the proposed project; 299
(iii) Evaluation of this subfactor requires examination of: 300
(I) Resources, including equipment and financial resources; 301
(II) Experience of the senior management and project management of 302
the lead contractor and subcontractors; and 303
(III) Evaluation of craft labor personnel, which shall consider the 304
offeror's use of: (i) Project labor agreements as a reliable source for 305
ensuring an adequate supply of skilled craft labor in all trades needed 306
for the proposed project; (ii) participation in registered apprenticeship 307
programs that have a track record of graduating apprentices for at least 308
three years and journeyperson; (iii) training programs used to provide 309
training for upgrading skills or training for specialized skills; and (iv) 310
training programs that provide safety training and certification, 311
including, but not limited to, OSHA ten-hour and thirty-hour programs. 312
(IV) Positive impact on the community and disadvantaged populace. 313
Offerors shall describe how they will create a workforce training plan 314
pursuant to which they will: (i) Recruit and hire individuals from zip 315
codes with high rates of poverty unemployment and chronic 316
unemployment; (ii) give priority in any hiring to persons not currently 317
or previously employed by the proposer and the suppliers of 318
manufactured materials for the project to individuals with barriers to 319
employment, including people who have been incarcerated, people 320
with disabilities, and people who have been traditionally 321
underrepresented in the relevant employment; and (iii) take advantage 322
of publicly funded workforce development programs to train new and 323
retained employees; (iv) include employment opportunities for 324
apprentices through an apprenticeship program registered with the 325
Labor Department or a federally recognized state apprenticeship agency 326
that complies with the requirements of 29 CFR parts 29 and 30; (v) 327
include commitments to provide preapprenticeship training; and (vi) 328 Raised Bill No. 999
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enter into a community benefits agreement to benefit the communities 329
in which the project may be sited; 330
(V) The terms under which employees provide their labor to a 331
contractor, including, but not be limited to, wage rates, insurance, paid 332
sick and vacation leave, retirement benefits, uniform and tool 333
allowances, longevity bonuses, provision of break time, provision of 334
break areas, provision of full-time jobs rather than part-time jobs; 335
(VI) The existence of a labor peace agreement with any union seeking 336
to represent the offeror's or the offeror's contractors' employees; 337
(VII) Health and safety protections; and 338
(VIII) The existence of a collective bargaining agreement. 339
(IX) Environmental impacts of the proposed project. Evaluation of 340
this subfactor requires consideration of the project's likely 341
environmental impacts and their effect on human and ecological health. 342
(X) The lead contractor shall provide a list in its proposals that 343
identifies the names of all subcontractors, regardless of tier, it proposes 344
to use for the project and the scope of work and approximate percentage 345
of the total project of each subcontractor listed. 346
(XI) Requests for proposals may be preceded by a prequalification 347
stage to require interested offerors to demonstrate that they have 348
adequate minimum qualifications and sufficiently viable project 349
proposals to qualify to compete in a request for proposals process. 350
(XII) Evaluation of this factor shall include an assessment of the 351
degree to which the project promotes opportunities to small, minority-352
owned businesses and workers in economically disadvantaged 353
communities. 354
(XIII) Proposals submitted in response to requests for proposals 355
under this section shall be evaluated by a technical evaluation team that 356
consists of no fewer than three persons qualified to conduct such 357 Raised Bill No. 999
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evaluations. 358
(XIV) Proposal evaluations pursuant to this section shall be subject to 359
periodic audits, including random, unannounced audits by qualified 360
personnel appointed by the agency to ensure the evaluation process are 361
conducted in accordance with this section and the requests for 362
proposals. 363
(XV) Project evaluation reports shall be prepared upon completion 364
for projects that receive state assistance. Project evaluation reports shall 365
include information determined relevant by the agency but shall at a 366
minimum include the following: (i) The amount of energy projected in 367
the project proposal and the actual amount of energy the facility is 368
capable of producing; (ii) the proposed project completion date and the 369
actual completion date; and (iii) additional information as determined 370
by the agency. 371
(f) For the purposes of this subsection: 372
(1) "Assisted project" means a project that concerns the operation, 373
security or maintenance of a renewable energy project, as to which the 374
state provides economic assistance of any kind, including, but not 375
limited to, renewable energy credits, grants, loans, commitments of 376
funds, or tax abatements or exemptions or other assistance with a total 377
present financial value of one million dollars or more. 378
(2) "Renewable energy project" means a project that is intended to or 379
will have the effect of enhancing energy efficiency, building 380
electrification upgrades, the development of renewable energies, or 381
enhancing climate change resiliency, and will include projects that 382
create useable energy from solar power, wind power, a fuel cell, 383
geothermal sources, landfill methane gas, anaerobic digestion or other 384
biogas derived from biological sources, thermal electric direct energy 385
conversion from a certified Class I renewable energy source, ocean 386
thermal power, wave or tidal power, low emission advanced renewable 387
energy conversion technologies, and zero emission low grade heat 388
power generation systems based on organic oil free rankine, kalina or 389 Raised Bill No. 999
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similar nonstream cycles that use waste heat from an industrial or 390
commercial process that does not generate electricity, a run-of-the-river 391
hydropower facility that began operation after July 1, 2003, and has a 392
generating capacity of not more than thirty megawatts, a run-of-the-393
river hydropower facility that received a new license after January 1, 394
2018, or a biomass facility that uses sustainable biomass fuel, as defined 395
in subsection (a) of section 16-1 of the general statutes. 396
(3) "Community benefits agreements" means an agreement between 397
(A) a recipient of assistance for an assisted project or sponsor, and (B) 398
community-based organizations or a coalition of organizations, which 399
agreement shall detail the project's contributions to the community, and 400
the aspects of the project that will mitigate adverse conditions in the 401
community and create opportunities for local businesses, communities 402
and workers. 403
(4) "Labor organization" means any organization which exists and is 404
constituted for the purpose, in whole or in part, of collective bargaining, 405
or of dealing with employers concerning grievances, terms or conditions 406
of employment, or of other mutual aid or protection and which is not a 407
company union. This includes, but is not limited to, bona fide labor 408
organizations that are certified or recognized as the organization of 409
jurisdiction representing the workers involved or bona fide building 410
and construction trades councils or district councils and state and local 411
labor federations comprised of local unions certified or recognized as 412
the representative of the workers. 413
(5) "Neutrality policy or agreement" means a policy or agreement 414
wherein an employer remains neutral in a union organizing drive and 415
does not actively oppose union efforts to gain majority support of the 416
relevant employees of the employer. 417
(6) "State" means the state of Connecticut or any political subdivision 418
thereof. 419
(A) Operations, maintenance and security employees employed in 420
any building or facility that is a part of or connected to an assisted 421 Raised Bill No. 999
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project shall be paid not less than the prevailing wage prescribed in 422
section 31-53 of the general statutes, or, where applicable, the standard 423
wage specified in section 31-57 of the general statutes. Employers of 424
such employees shall be subject to all the reporting and compliance 425
requirements of section 31-53 of the general statutes and section 31-57 426
of the general statutes. The prevailing wage requirement and standard 427
wage requirement shall apply to employees employed in such facilities 428
for the duration of the assistance and for ten years thereafter. 429
(B) To the full extent permitted by law, the party which, either 430
directly or indirectly, receives assistance for work on an assisted project 431
shall take all necessary actions to ensure that a community benefits 432
agreement is entered into with appropriate community organizations 433
representing residents of the affected community. 434
(C) To the full extent permitted by law, the party which, either 435
directly or indirectly, receives assistance for work on an assisted project 436
shall take all necessary actions to develop and implement a workplace 437
development program at the site of the assisted project. 438
(D) The party which receives assistance for work on an assisted 439
project shall take all necessary actions to ensure that each contractor and 440
subcontractor involved in the construction of the assisted project 441
completes a sworn certification that the firm: (i) Has the necessary 442
resources to perform the portion of the assisted project to which they are 443
assigned, including the necessary technical, financial and personnel 444
resources; (ii) has all required contractor, specialty contractor or trade 445
licenses, certifications or certificates required of any business entity or 446
individual by applicable state or local law; (iii) participates in an 447
apprenticeship training program for each trade in which it employs craft 448
workers that is registered with and approved by the U.S. Department of 449
Labor or a state apprenticeship agency and shall provide proof within 450
seven days of a request from the authority or any authority or agency 451
that its program is actively training employees, has functioning training 452
facilities, and is regularly graduating apprentices to journeyperson 453
status, and such apprentices are placed in employment, hereinafter 454 Raised Bill No. 999
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referred to as "class A apprenticeship programs"; and (iv) during the 455
past three years: (I) Has not been debarred by any government agency; 456
(II) has not defaulted on any project; (III) has not had any license, 457
certification or other credential relating to the business revoked or 458
suspended; (IV) has not been found in violation of any law applicable to 459
its business that resulted in the payment of a fine, back pay damages, or 460
any other type of penalty in the amount of ten thousand dollars or more; 461
will pay craft personnel employed on the project, at a minimum, the 462
applicable wage and fringe benefit rates for the classification in which 463
the worker is employed in accordance with applicable required rates for 464
the project; and (V) has not misclassified and will not misclassify craft 465
labor employees as independent contractors. 466
(E) The party which receives assistance on an assisted project shall 467
submit to the Labor Commissioner the certifications of compliance with 468
responsible contractor requirements not less than thirty days prior to the 469
commencement of construction of the project, and such certifications 470
shall constitute public documents which shall be made available 471
without redaction on a publicly available web 472
site not later than seven days after being submitted to the 473
commissioner. 474
(F) A responsible contractor certification containing false, misleading, 475
or inaccurate information shall, after notice and opportunity to be heard, 476
subject the firm that has signed such certification to a three-year 477
debarment from future public and publicly assisted projects and other 478
applicable penalties and sanctions. 479
(G) The failure of a party receiving assistance on an assisted project 480
to take reasonable steps to ensure that contractors' certifications are 481
accurate and truthful shall constitute a material breach of the agreement, 482
grant, loan, commitment of funds, or other instrument pursuant to 483
which under which assistance is provided and shall permit the state to 484
impose applicable penalties and sanctions for conduct constituting 485
noncompliance, including, but not limited to, revocation of part or all of 486 Raised Bill No. 999
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the assistance provided by the state. 487
(H) In addition to the other requirements of this section, the following 488
requirements shall apply to assisted projects covered by this section that 489
produce five megawatts of power or more, to utility-owned projects, 490
and to all grid-connected projects that are designed to create between 491
two and one-half megawatts and five megawatts of power: Contractors 492
and subcontractors on assisted projects shall pay construction craft 493
employees on the project, at a minimum, the applicable prevailing wage 494
and fringe benefit rates for the appropriate classification in which the 495
worker is employed. Firms engaged in the construction of an assisted 496
project shall be subject to all reporting and compliance requirements of 497
section 31-53 of the general statutes. Contractors that violate prevailing 498
wage requirements on assisted projects shall be subject to penalties and 499
sanctions in accordance with section 31-53 of the general statutes. In 500
addition, the failure of a party receiving assistance on an assisted project 501
to take reasonable steps to ensure that contractors comply with this 502
subdivision shall constitute a material breach of the agreement, grant, 503
loan, commitment of funds, or other instrument pursuant to which 504
under which assistance is provided and shall permit the state to impose 505
appropriate penalties, including, but not limited to, revocation or 506
recoupment of all or part of the assistance provided by the state, and an 507
award of compensation to employees who were deprived of the benefits 508
of applicable wage and benefit standards. 509
(g) For purposes of this subsection: 510
(1) "Best value" has the same meaning as prescribed in section 4e-1 of 511
the general statutes. 512
(2) "Assisted project" means a construction project that concerns the 513
development of renewable energy project or energy efficiency project, 514
or is a construction project related thereto, as to which the state provides 515
economic assistance of any kind including, but not limited to, renewable 516
energy credits, grants, loans, commitments of funds, or tax abatements 517
or exemptions or other assistance with a total present financial value of 518 Raised Bill No. 999
LCO No. 3799 18 of 23
one million dollars or more. 519
(3) "Renewable energy project" means a project that is intended to or 520
will have the effect of enhancing energy efficiency, building 521
electrification upgrades, the development of renewable energies, or 522
enhancing climate change resiliency, and will include projects that 523
create useable energy from solar power, wind power, a fuel cell, 524
geothermal sources, landfill methane gas, anaerobic digestion or other 525
biogas derived from biological sources, thermal electric direct energy 526
conversion from a certified Class I renewable energy source, ocean 527
thermal power, wave or tidal power, low emission advanced renewable 528
energy conversion technologies, and zero emission low grade heat 529
power generation systems based on organic oil free rankine, kalina or 530
similar nonstream cycles that use waste heat from an industrial or 531
commercial process that does not generate electricity, a run-of-the-river 532
hydropower facility that began operation after July 1, 2003, and has a 533
generating capacity of not more than thirty megawatts, a run-of-the-534
river hydropower facility that received a new license after January 1, 535
2018, or a biomass facility that uses sustainable biomass fuel, as defined 536
in subsection (a) of section 16-1 of the general statutes. 537
(4) "Employment conditions" means the terms under which 538
employees provide their labor to a contractor, and shall include, but not 539
be limited to, wage rates, insurance, paid sick and vacation leave, 540
retirement benefits, uniform and tool allowances, longevity bonuses, 541
provision of break time, provision of break areas, provision of full-time 542
jobs rather than part-time jobs, the existence of a neutrality policy or 543
agreement with respect to labor unions seeking to represent that the 544
offeror's or offeror's contractor's employees, health and safety 545
protections, and the existence of a collective bargaining agreement. 546
(5) "Awarding authority" means the state thereof empowered to 547
provide assistance to operators of renewable energy projects funded by 548
this section. 549
(6) "Assistance" means the provision of financial assistance of any 550 Raised Bill No. 999
LCO No. 3799 19 of 23
kind, including, but not limited to, by grant, award, instrument, loan, 551
commitment of funds, or renewable energy credit, to an operator of a 552
renewable energy project which assistance has a present financial value 553
of one million dollars or more. 554
(7) "Vendor" means a business entity which receives assistance from 555
the awarding authority. 556
(8) "Subcontract" means an agreement between a vendor and 557
subvendor to provide manufactured materials or perform additional 558
work under the vendor. 559
(9) "Subvendor" means a business entity entering into a subcontract 560
with the vendor to provide manufactured materials for completion of 561
an assisted project. 562
(10) "Workforce development program" means a program pursuant 563
to which newly hired employees and already hired employees from 564
disadvantaged communities, including zip codes with high rates of 565
poverty, unemployment and chronic unemp loyment, as well as 566
individuals with barriers to employment, including people who have 567
been incarcerated, and people who have been traditionally 568
underrepresented in the relevant employment, are given the 569
opportunities for skill development that will enable them to qualify for 570
higher paying jobs on an assisted project; a workforce development 571
program shall include (A) apprenticeship training through a class A 572
apprenticeship program for each trade in which it employs craft 573
workers that is actively training employees, has functioning training 574
facilities, and is regularly graduating apprentices to journeyperson 575
status, and such apprentices are placed in employment, and (B) 576
preapprenticeship training that will enable students to qualify for 577
apprenticeship training in a class A apprenticeship program. 578
(11) "State" means the state of Connecticut or any political 579
subdivision thereof. 580
(A) The state may select recipients of state assistance for an assisted 581 Raised Bill No. 999
LCO No. 3799 20 of 23
project using either a competitive bidding or a competitive negotiation 582
process. Solicitations used in connection with an assisted project shall 583
utilize the following procedures: Solicitations shall be designed to 584
ensure best value results for the state by: (i) Permitting project proposals 585
for any type of viable renewable energy source; and (ii) promoting 586
maximum competition among qualified offerors presenting proposals. 587
(B) Solicitations shall be administered through a public request for 588
proposals process that provides adequate notice, instructions for 589
submitting proposals and other relevant information as determined by 590
the agency. 591
(C) Requests for proposals shall require proposals from an offeror, 592
which include: (i) Proposed project, including type, viability and 593
projected amount of energy, project plan and schedule; (ii) the 594
qualifications, resources and capabilities of the offeror and, the project 595
team to be used on the project. 596
(D) The agency shall approve the project that provides the best value, 597
considering the viability and benefits of the proposed project and 598
qualifications of the offeror and project team. 599
(E) Requests for proposals shall be administered in compliance with 600
this section and additional instructions set forth in the solicitation and 601
notice of requests for proposals: 602
(i) The agency shall evaluate proposals on the basis of a maximum 603
point scale. Proposals shall be scored only on the basis of the evaluation 604
factors set forth in the request for proposals. 605
(ii) Request for proposals shall include only factors listed in this 606
section and any additional factors or subfactors the state deems 607
necessary for achieving best value results. 608
(iii) The offeror that complies with the specifications and 609
requirements of the request for proposals and receives the highest 610
maximum score shall be selected by the agency for a project award. 611 Raised Bill No. 999
LCO No. 3799 21 of 23
(F) In evaluating competitive proposals, the agency shall evaluate the 612
proposed project on the following factors: 613
(i) Projected amount of energy to be generated; 614
(ii) Viability of the proposed energy source; 615
(iii) Feasibility of the project plan and schedule; 616
(iv) Qualifications of the offeror and the project team; 617
(v) Positive impact on the community and disadvantaged populace; 618
(vi) Employment conditions; and 619
(vii) Environmental impacts of the proposed project. 620
(G) The offeror's qualifications shall be determined by an evaluation 621
of its past performance record, expertise and technical qualifications 622
and present performance capabilities, including financial resources and 623
experience of the offeror's senior management and project team 624
management. 625
(H) The qualifications of the lead contractor and subcontractors shall 626
be determined by an evaluation of the following subfactors: 627
(i) Past performance record. Evaluation of this subfactor requires a 628
review of past projects, including budget, schedule and safety data, 629
performance evaluation reports, quality of workmanship and 630
compliance with project specifications; 631
(ii) Expertise and technical qualifications. Evaluation of this subfactor 632
requires examination of the general and specific experience in relevant 633
market sectors and in projects similar to the proposed project. 634
(iii) Performance capabilities of management. Evaluation of this 635
subfactor requires examination of: (I) Resources, including equipment 636
and financial resources; and (II) experience of the senior management 637
and project management of the lead contractor and subcontractors; and 638 Raised Bill No. 999
LCO No. 3799 22 of 23
(iv) Performance capabilities of craft labor. Evaluation of craft labor 639
personnel shall consider the use of: (I) Project labor agreements as a 640
reliable source for ensuring an adequate supply of skilled craft labor in 641
all trades needed for the proposed project; (II) participation in registered 642
apprenticeship programs that have a track record of graduating 643
apprentices for at least three years and journeyperson; (III) training 644
programs used to provide training for upgrading skills or training for 645
specialized skills; (IV) training programs that provide safety training 646
and certification, including, but not limited to, OSHA ten-hour and 647
thirty-hour programs. 648
(I) Proposers shall describe how they will create a workforce training 649
plan pursuant to which they will: (i) Recruit and hire individuals from 650
zip codes with high rates of poverty unemployment and chronic 651
unemployment; (ii) give priority in any hiring to persons not currently 652
or previously employed by the proposer and the suppliers of 653
manufactured materials for the project to individuals with barriers to 654
employment, including people who have been incarcerated, people 655
with disabilities, and people who have been traditionally 656
underrepresented in the relevant employment; (iii) take advantage of 657
publicly funded workforce development programs to train new and 658
retained employees; (iv) include employment opportunities for 659
apprentices through an apprenticeship program registered with the 660
Labor Department or a federally recognized state apprenticeship agency 661
that complies with the requirements of 29 CFR 29 and 30; (v) include 662
commitments to provide preapprenticeship training; and (vi) enter into 663
a community benefits agreement to benefit the communities in which 664
the project may be sited. 665
(J) The terms under which employees provide their labor to a 666
contractor, including, but not be limited to, wage rates, insurance, paid 667
sick and vacation leave, retirement benefits, uniform and tool 668
allowances, longevity bonuses, provision of break time, provision of 669
break areas, provision of full-time jobs rather than part-time jobs; 670
(K) The existence of a labor peace agreement with any union seeking 671 Raised Bill No. 999
LCO No. 3799 23 of 23
to represent the contractor's employees; 672
(L) Health and safety protections; and 673
(M) The existence of a collective bargaining agreement. 674
(h) Environmental impacts of the proposed project. Evaluation of this 675
subfactor requires consideration of the project's likely environmental 676
impacts and their effect on human and ecological health. 677
(i) The lead contractor shall provide a list in its proposals that 678
identifies the names of all subcontractors, regardless of tier, it proposes 679
to use for the project and the scope of work and approximate percentage 680
of the total project of each subcontractor listed. 681
(j) Requests for proposals may be preceded by a prequalification 682
stage to require interested offerors to demonstrate that they have 683
adequate minimum qualifications and sufficiently viable project 684
proposals to qualify to compete in a request for proposals process. 685
(k) Evaluation of this factor shall include an assessment of the degree 686
to which the project promotes opportunities to small, minority-owned 687
businesses and workers in economically disadvantaged communities. 688
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Statement of Purpose:
To provide for a just transition to climate-protective energy production
and community investment.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]