Substitute Senate Bill No. 999
Public Act No. 21-43
AN ACT CONCERNING A JUST TRANSITION TO CLIMATE -
PROTECTIVE ENERGY PRODUCTION AND COMMUNITY
INVESTMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section,
unless the context otherwise requires:
(1) "Covered project" means a renewable energy project that is
situated on land in this state, commences construction on or after July 1,
2021, and has a total nameplate capacity of two megawatts or more.
"Covered project" does not include any renewable energy project (A)
selected in a competitive solicitation conducted by (i) the Department of
Energy and Environmental Protection, or (ii) an electric distribution
company, as defined in section 16-1 of the general statutes, and (B)
approved by the Public Utilities Regulatory Authority prior to January
1, 2022;
(2) "Renewable energy project" means a Class I renewable energy
source, as defined in section 16-1 of the general statutes. "Renewable
energy project" does not include any offshore wind facility procured
pursuant to section 16a-3h, 16a-3m or 16a-3n of the general statutes;
(3) "Community benefits agreement" means an agreement between Substitute Senate Bill No. 999
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(A) the developer of a covered project, and (B) community-based
organizations or a coalition of such organizations, that details the
project's contributions to the community in which it is or will be sited
and the aspects of the project that will mitigate adverse conditions of
such community and create opportunities for local businesses,
communities and workers;
(4) "Labor organization" means any organization, other than a
company union, that exists for the purpose, in whole or in part, of
collective bargaining or of dealing with employers concerning
grievances, terms or conditions of employment, or of other mutual aid
or protection, including, but not limited to, (A) bona fide labor
organizations that are certified or recognized as the organization of
jurisdiction representing the workers involved, (B) bona fide building
and construction trades councils or district councils, and (C) state and
local labor federations comprised of local unions certified or recognized
as the representative of the workers; and
(5) "Workforce development program" means a program pursuant to
which newly hired employees and existing employees are given the
opportunity to develop skills that will enable such employees to qualify
for higher paying jobs on a covered project. A workforce development
program includes: (A) Apprenticeship training through an
apprenticeship program registered with the Labor Department or a
federally recognized state apprenticeship agency that complies with the
requirements under 29 CFR 29 and 29 CFR 30, as each may be amended
from time to time, and (B) preapprenticeship training that will enable
students to qualify for registered apprenticeship training.
(b) The developer of a covered project shall (1) take all reasonable
actions to ensure that a community benefits agreement is entered into
with appropriate community organizations representing residents of
the community in which the project is or will be located if the nameplate
capacity of the project is five megawatts or more, and (2) take Substitute Senate Bill No. 999
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appropriate actions to ensure a workforce development program is
established.
(c) The developer of a covered project shall take all necessary actions
to ensure that each contractor and subcontractor involved in the
construction of the project completes a sworn certification that the
contractor or subcontractor: (1) Has the necessary resources to perform
the portion of the covered project to which the contractor or
subcontractor are assigned, including the necessary technical, financial
and personnel resources; (2) has all required contractor, specialty
contractor or trade licenses, certifications or certificates required of any
business entity or individual by applicable state or local law; (3)
participates in apprenticeship training through an apprenticeship
program registered with the Labor Department or a federally
recognized state apprenticeship agency that complies with the
requirements under 29 CFR 29 and 29 CFR 30, as each may be amended
from time to time; (4) during the previous three years (A) has not been
debarred by any government agency; (B) has not defaulted on any
project; (C) has not had any license, certification or other credential
relating to the business revoked or suspended; and (D) has not been
found in violation of any law applicable to the contractor's or
subcontractor's business that resulted in the payment of a fine, back pay
damages or any other type of penalty in the amount of ten thousand
dollars or more; (5) will pay personnel employed on the project not less
than the applicable wage and fringe benefit rates for the classification in
which such personnel is employed and required for the project; and (6)
has not misclassified and will not misclassify labor employees as
independent contractors.
(d) The developer of a covered project shall submit to the Labor
Commissioner the sworn certification of compliance specified in
subsection (c) of this section not later than thirty days prior to
commencement of construction of the project. Such sworn certification Substitute Senate Bill No. 999
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shall be considered a public document that shall be made available
without redaction on the Labor Department's Internet web site not later
than seven days after being submitted to the Labor Commissioner. If a
sworn certification contains false, misleading or materially inaccurate
information, the contractor or subcontractor that executed such sworn
certification shall, after notice and opportunity to be heard, be subject to
debarment pursuant to section 31-53a of the general statutes, as
amended by this act.
(e) The failure of the developer of a covered project to take reasonable
steps to ensure that the sworn certification submitted to the Labor
Commissioner pursuant to subsection (d) of this section are accurate
and truthful shall constitute a violation of this section and shall be
subject to penalties and sanctions for conduct constituting
noncompliance. The commissioner shall adopt regulations, in
accordance with the provisions of chapter 54 of the general statutes,
establishing the penalties and sanctions applicable to a violation of this
subsection.
(f) (1) Each contractor and subcontractor on a covered project shall
(A) pay each construction employee on the project wages and benefits
that are not less than the prevailing wage and fringe benefit rates
prescribed in section 31-53 of the general statutes, as amended by this
act, for the corresponding classification in which the employee is
employed, and (B) be subject to all reporting and compliance
requirements of section 31-53 of the general statutes, as amended by this
act. Contractors and subcontractors that violate this subsection shall be
subject to penalties and sanctions in accordance with section 31-53 of the
general statutes, as amended by this act.
(2) Each operations, maintenance and security employee employed
in a building or facility that is constructed in a covered project shall be
paid wages and benefits that are not less than the prevailing wage and
fringe benefit rates prescribed in section 31-53 of the general statutes, as Substitute Senate Bill No. 999
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amended by this act, or, if applicable, the standard wage specified in
section 31-57f of the general statutes for the corresponding classification
in which the employee is employed.
(g) Prevailing wage requirements under subsection (f) of this section
shall not apply to a construction project that is covered by a project labor
agreement. For the purposes of this subsection, "project labor
agreement" means an agreement that: (1) Binds all contractors and
subcontractors on the covered project to the project labor agreement
through the inclusion of specifications in all relevant solicitation
provisions and contract documents; (2) allows all contractors and
subcontractors to compete for contracts and subcontracts on the project
without regard to whether they are otherwise parties to collective
bargaining agreements; (3) establishes uniform terms and conditions of
employment for all construction labor employed on the projects; (4)
guarantees against strikes, lockouts and similar job disruptions; (5) sets
forth mutually binding procedures for resolving labor disputes arising
during the project labor agreement; and (6) includes any other
provisions as negotiated by the parties to promote successful delivery
of the covered project.
Sec. 2. Subsection (a) of section 31-53a of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(a) The State Comptroller or the contracting authority acting
pursuant to section 31-53, as amended by this act, is hereby authorized
and directed to pay to mechanics, laborers and workers from any
accrued payments withheld under the terms of a contract terminated
pursuant to subsection (b) of [said] section 31-53 any wages found to be
due such mechanics, laborers and workers pursuant to [said] section 31-
53, as amended by this act. The Labor Commissioner is further
authorized and directed to distribute a list to all departments of the state
and political subdivisions of the state giving the names of persons or Substitute Senate Bill No. 999
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firms whom the Labor Commissioner has found to have (1) disregarded
their obligations under [said] section 31-53, as amended by this act, and
section 31-76c to employees and subcontractors on public works
projects, [or to have] (2) been barred from federal government contracts
in accordance with the provisions of the Davis-Bacon Act, 49 Stat. 1011
(1931), 40 USC 276a-2, or (3) submitted false, misleading or materially
inaccurate information under subsection (d) of section 1 of this act.
Sec. 3. Subsection (f) of section 31-53 of the general statutes is repealed
and the following is substituted in lieu thereof (Effective July 1, 2021):
(f) Each employer subject to the provisions of this section, section 31-
53c, [or] section 31-54 or subsection (f) of section 1 of this act shall (1)
keep, maintain and preserve such records relating to the wages and
hours worked by each person performing the work of any mechanic,
laborer and worker and a schedule of the occupation or work
classification at which each person performing the work of any
mechanic, laborer or worker on the project is employed during each
work day and week in such manner and form as the Labor
Commissioner establishes to assure the proper payments due to such
persons or employee welfare funds under this section, section 31-53c,
[or] section 31-54 or subsection (f) of section 1 of this act, regardless of
any contractual relationship alleged to exist between the contractor and
such person, provided such employer shall have the option of keeping,
maintaining and preserving such records in an electronic format, and
(2) submit monthly to the contracting agency or the Department of
Economic and Community Development pursuant to section 31-53c or
to the developer of a covered project, as defined in section 1 of this act,
as applicable, by mail, electronic mail or other method accepted by such
agency, [or] the Department of Economic and Community
Development or such developer, a certified payroll that shall consist of
a complete copy of such records accompanied by a statement signed by
the employer that indicates (A) such records are correct; (B) the rate of Substitute Senate Bill No. 999
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wages paid to each person performing the work of any mechanic,
laborer or worker and the amount of payment or contributions paid or
payable on behalf of each such person to any employee welfare fund, as
defined in subsection (i) of this section, are not less than the prevailing
rate of wages and the amount of payment or contributions paid or
payable on behalf of each such person to any employee welfare fund, as
determined by the Labor Commissioner pursuant to subsection (d) of
this section, and not less than those required by the contract to be paid;
(C) the employer has complied with the applicable provisions of this
section, section 31-53c, [and] section 31-54 and subsection (f) of section
1 of this act; (D) each such person is covered by a workers' compensation
insurance policy for the duration of such person's employment, which
shall be demonstrated by submitting to the contracting agency the name
of the workers' compensation insurance carrier covering each such
person, the effective and expiration dates of each policy and each policy
number; (E) the employer does not receive kickbacks, as defined in 41
USC 52, from any employee or employee welfare fund; and (F) pursuant
to the provisions of section 53a-157a, the employer is aware that filing a
certified payroll which the employer knows to be false is a class D felony
for which the employer may be fined up to five thousand dollars,
imprisoned for up to five years, or both. This subsection shall not be
construed to prohibit a general contractor from relying on the
certification of a lower tier subcontractor, provided the general
contractor shall not be exempted from the provisions of section 53a-157a
if the general contractor knowingly relies upon a subcontractor's false
certification. Notwithstanding the provisions of section 1-210, the
certified payroll shall be considered a public record and every person
shall have the right to inspect and copy such records in accordance with
the provisions of section 1-212. The provisions of subsections (a) and (b)
of section 31-59 and sections 31-66 and 31-69 that are not inconsistent
with the provisions of this section, section 31-53c or 31-54 apply to this
section. Failing to file a certified payroll pursuant to subdivision (2) of
this subsection is a class D felony for which the employer may be fined Substitute Senate Bill No. 999
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up to five thousand dollars, imprisoned for up to five years, or both.