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General Assembly Raised Bill No. 6862
January Session, 2023
LCO No. 5279
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING BROADBAND CONSTRUCTION AND THE
PREVAILING WAGE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16-330c of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2023): 2
(a) On or before January 1, 2022, the Commissioner of Energy and 3
Environmental Protection shall establish and administer a grant 4
program, subject to the availability of state and federal funding, to 5
support the deployment of broadband Internet access service. The 6
commissioner shall establish criteria consistent with any requirement of 7
federal law for the grants, including, but not limited to, (1) application 8
requirements, (2) applicant eligibility, (3) addressing unserved areas in 9
distressed municipalities, (4) broadband Internet access service speed, 10
and (5) an applicant's commitment to pay at least twenty per cent of the 11
costs for any project entered into pursuant to this section with such 12
applicant's own funding, provided such funding does not derive from 13
government grants, loans or subsidies to said applicant. 14
(b) In awarding such grants, the commissioner [may] shall give 15 Raised Bill No. 6862
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priority to applicants (1) based on the percentage of said applicant's 16
commitment to cost sharing, (2) that are able to demonstrate that (A) 17
said applicant provides robust training programs to its workforce who 18
will be performing the contract that contains requirements that are tied 19
to titles, uniform wage scales and skill codes recognized in the industry, 20
and (B) said applicant requires occupational health and safety training 21
for its workforce performing the contract, (3) who will perform the 22
contract funded by the program using a directly employed workforce, 23
(4) that are able to demonstrate that said applicant has programs to 24
promote training and hiring pipelines for underrepresented 25
communities, and (5) that, (A) within the last five years, have had robust 26
records of compliance with the Connecticut Labor Code, Occupational 27
Safety and Health Act, Fair Labor Standards Act, Title VII of the Civil 28
Rights Act of 1964 and all other applicable labor or employment laws, 29
or (B) have mitigated violations with labor compliance agreements and 30
measures in order to ensure future labor compliance. The commissioner 31
may deny applications from broadband Internet access service 32
providers that do not provide information to the Office of Policy and 33
Management pursuant to subsection (c) of section 16-330b or to the 34
Department of Energy and Environmental Protection pursuant to 35
subsection (b) of section 16-330d. The commissioner may employ 36
outside consultants in developing and implementing said grant 37
program. 38
(c) Any disclosure made by an applicant pertaining to the criteria in 39
subdivisions (2) to (5), inclusive, of subsection (b) of this section shall be 40
made available to the public on the Office of Telecommunications and 41
Broadband's Internet web site. 42
(d) The commissioner shall award the grants based on a point system. 43
Each applicant shall be given points that range from zero to one 44
hundred points. For grants funded by the Broadband Equity, Access 45
and Development program, satisfaction of the criteria established in 46
subdivisions (2) to (5), inclusive, of subsection (b) of this section and the 47
"Fair Labor Practices" outlined in the National Telecommunications and 48
Information Notice of Funding Opportunity published on May 13, 2022, 49 Raised Bill No. 6862
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together, shall be awarded at least twenty-five points. For grants not 50
funded by the Broadband Equity, Access and Development program, 51
satisfaction of the criteria established in subdivisions (2) to (5), inclusive, 52
of subsection (b) of this section shall be awarded a substantial point 53
allocation, constituting at least fifteen points. 54
(e) In awarding such grants, the commissioner shall give priority to 55
entities and projects that can reliably meet or exceed one hundred 56
megabits per second symmetrical speeds and further give preference to 57
projects that are capable of delivering gigabit symmetrical speeds. The 58
commissioner shall also consider the scalability of the project's 59
technology and infrastructure beyond such project's current maximum 60
speed offering for future increases in bandwidth. The commissioner 61
shall give preference to projects that use fiber-optic architecture and 62
may only award grants to projects using non-fiber technologies in 63
scenarios where fiber-optic architecture would either be (1) physically 64
impossible, based on the geography or topography, or (2) excessively 65
financially burdensome. 66
(f) All projects funded by grants awarded pursuant to this section 67
shall be subject to the prevailing wage requirements established in 68
section 31-53, as amended by this act. 69
[(b)] (g) On or before January 1, 2023, and every year thereafter for a 70
period of five years after receiving a grant pursuant to this section, the 71
recipient of such grant shall submit a report to the Commissioner of 72
Energy and Environmental Protection concerning the status of such 73
recipient's broadband Internet access service deployment and other 74
information deemed relevant by the commissioner. 75
[(c)] (h) On or before December 1, 2022, and every two years 76
thereafter, the Department of Energy and Environmental Protection, in 77
consultation with the Office of Policy and Management, the Office of 78
State Broadband, the Commission for Educational Technology and 79
other state agencies deemed appropriate by the Commissioner of 80
Energy and Environmental Protection, shall report to the Governor 81 Raised Bill No. 6862
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concerning (1) the grants awarded pursuant to this section, (2) the status 82
and progress made toward a state-wide goal of attaining universal 83
access to (A) broadband Internet download speeds of one gigabit per 84
second; and (B) broadband Internet upload speeds of one hundred 85
megabits per second, and (3) broadband Internet access service 86
adoption rates, the price and nonprice barriers to broadband adoption 87
and digital equity. Such report shall include recommendations to 88
overcome any such barriers, including, but not limited to, addressing 89
issues of digital literacy and affordability. 90
Sec. 2. (NEW) (Effective July 1, 2023) (a) Applicants for a grant under 91
section 16-330c of the general statutes, as amended by this act, shall 92
provide the Commissioner of Energy and Environmental Protection the 93
following information with such applicant's application: 94
(1) Whether the workforce is directly employed by the contractor or 95
whether the proposed work will be performed by a subcontracted 96
workforce; 97
(2) The subcontractors with whom the contractor plans to subcontract 98
with, if any, in carrying out the proposed work; 99
(3) For each job title required to carry out the proposed work, a 100
description of: 101
(A) The wages, benefits and applicable wage scales, including 102
overtime rates, and a description of how such wages are calculated; 103
(B) Any training programs provided by the applicant, including 104
whether the training program is tied to titles, uniform wage scales and 105
skill codes recognized in the industry; 106
(C) Any safety training, certification or licensure requirements, 107
including whether such participant requires its employees to complete 108
occupational safety and health training or any other training required 109
by law; and 110
(D) The entity employing the workforce in each job title. 111 Raised Bill No. 6862
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(b) If an applicant is awarded a grant under section 16-330c, as 112
amended by this act, such applicant shall submit a monthly report to the 113
commissioner with the information provided in subsection (a) of this 114
section. The provisions of this section shall apply to any applicant that 115
is a public agency. 116
(c) Any person or entity that fails to meet the requirements of this 117
section or provides false information on their application or the monthly 118
report in subsection (b) of this section may be deemed ineligible for 119
future participation in grant programs through the Office of 120
Telecommunications and Broadband. 121
Sec. 3. Subsections (a) to (e), inclusive, of section 31-53 of the general 122
statutes are repealed and the following is substituted in lieu thereof 123
(Effective July 1, 2023): 124
(a) Each contract for the construction, remodeling, refinishing, 125
refurbishing, rehabilitation, alteration or repair of any public works 126
project by the state or any of its agents, or by any political subdivision 127
of the state or any of its agents, or any broadband installation project 128
funded by a grant pursuant to section 16-330c, as amended by this act, 129
shall contain the following provision: "The wages paid on an hourly 130
basis to any person performing the work of any mechanic, laborer or 131
worker on the work herein contracted to be done and the amount of 132
payment or contribution paid or payable on behalf of each such person 133
to any employee welfare fund, as defined in subsection (i) of this section, 134
shall be at a rate equal to the rate customary or prevailing for the same 135
work in the same trade or occupation in the town in which such public 136
works project or broadband installation project is being constructed. 137
Any contractor who is not obligated by agreement to make payment or 138
contribution on behalf of such persons to any such employee welfare 139
fund shall pay to each mechanic, laborer or worker as part of such 140
person's wages the amount of payment or contribution for such person's 141
classification on each pay day. 142
(b) If the commissioner, upon inspection or investigation of a 143 Raised Bill No. 6862
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complaint, believes that a contractor or subcontractor has knowingly or 144
wilfully employed any mechanic, laborer or worker in the construction, 145
remodeling, refinishing, refurbishing, rehabilitation, alteration or repair 146
of any public works project for or on behalf of the state or any of its 147
agents, or any political subdivision of the state or any of its agents, or 148
employs any mechanic, laborer or worker in a broadband installation 149
project funded by a grant pursuant to section 16-330c, as amended by 150
this act, at a rate of wage on an hourly basis that is less than the rate 151
customary or prevailing for the same work in the same trade or 152
occupation in the town in which such public works project or 153
broadband installation project is being constructed, remodeled, 154
refinished, refurbished, rehabilitated, altered or repaired, or who has 155
failed to pay the amount of payment or contributions paid or payable 156
on behalf of each such person to any employee welfare fund, or in lieu 157
thereof to the person, as provided by subsection (a) of this section, such 158
contractor or subcontractor shall be issued a citation and may be fined 159
five thousand dollars for each offense. The commissioner shall maintain 160
a list of any contractor or subcontractor that, during the three preceding 161
calendar years, violates this section or enters into a settlement with the 162
commissioner to resolve any claim brought by the commissioner 163
pursuant to this section. For each contractor or subcontractor placed on 164
such list, the commissioner shall record the following information: (1) 165
The nature of the violation; (2) the total amount of wages and fringe 166
benefits making up the violation or agreed upon in any settlement with 167
the commissioner; and (3) the total amount of civil penalties and fines 168
agreed upon by the commissioner. The commissioner shall review the 169
list on the first day of May each year for the preceding rolling three-year 170
period and may refer for debarment any contractor or subcontractor that 171
committed a violation of this section during the rolling three-year 172
period. The commissioner shall refer for debarment any contractor or 173
subcontractor that entered into one or more settlement agreements with 174
the commissioner where the sum total of all settlements within such 175
period exceeds fifty thousand dollars in back wages or fringe benefits, 176
or entered into one or more settlement agreements with the 177
commissioner where the sum total of all settlements within such period 178 Raised Bill No. 6862
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exceeds fifty thousand dollars in civil penalties or fines agreed upon by 179
the commissioner. Any contractor or subcontractor the commissioner 180
refers for debarment may request a hearing before the commissioner. 181
Such hearing shall be conducted in accordance with the provisions of 182
chapter 54. In addition, if it is found by the contracting officer 183
representing the state or political subdivision of the state that any 184
mechanic, laborer or worker employed by the contractor or any 185
subcontractor directly on the site for the work covered by the contract 186
has been or is being paid a rate of wages less than the rate of wages 187
required by the contract to be paid as required by this section, the state 188
or contracting political subdivision of the state may (A) by written or 189
electronic notice to the contractor, terminate such contractor's right to 190
proceed with the work or such part of the work as to which there has 191
been a failure to pay said required wages and to prosecute the work to 192
completion by contract or otherwise, and the contractor and the 193
contractor's sureties shall be liable to the state or the contracting political 194
subdivision for any excess costs occasioned the state or the contracting 195
political subdivision thereby, or (B) withhold payment of money to the 196
contractor or subcontractor. The contracting department of the state or 197
the political subdivision of the state shall, not later than two days after 198
taking such action, notify the Labor Commissioner, in writing or 199
electronically, of the name of the contractor or subcontractor, the project 200
involved, the location of the work, the violations involved, the date the 201
contract was terminated, and steps taken to collect the required wages. 202
(c) The Labor Commissioner may make complaint to the proper 203
prosecuting authorities for the violation of any provision of subsection 204
(b) of this section. 205
(d) For the purpose of predetermining the prevailing rate of wage on 206
an hourly basis and the amount of payment, contributions and member 207
benefits paid or payable on behalf of each person to any employee 208
welfare fund, as defined in subsection (i) of this section, in each town 209
where such contract is to be performed, the Labor Commissioner shall 210
adopt the rate of wages on an hourly basis in accordance with the 211
provisions of this section and section 31-76c and the amount of payment, 212 Raised Bill No. 6862
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contributions and member benefits, including health, pension, annuity 213
and apprenticeship funds, as recognized by the United States 214
Department of Labor and the Labor Commissioner paid or payable on 215
behalf of each person to any employee welfare fund, as defined in 216
subsection (i) of this section, as established in the collective bargaining 217
agreements or understandings between employers or employer 218
associations and bona fide labor organizations for the same work in the 219
same trade or occupation in the town in which the applicable building, 220
heavy or highway works project is being constructed. For each trade or 221
occupation for which more than one collective bargaining agreement is 222
in effect for the town in which such project is being constructed, the 223
collective bargaining agreement of historical jurisdiction shall prevail. 224
For residential project rates and for each trade or occupation for which 225
there is no collective bargaining agreement in effect for the town in 226
which the building, heavy or highway works project is being 227
constructed, the Labor Commissioner shall adopt and use such 228
appropriate and applicable prevailing wage rate determinations as have 229
been made by the Secretary of Labor of the United States under the 230
provisions of the Davis-Bacon Act, as amended. 231
(e) The Labor Commissioner shall determine the prevailing rate of 232
wages on an hourly basis and the amount of payment or contributions 233
paid or payable on behalf of such person to any employee welfare fund, 234
as defined in subsection (i) of this section, in each locality where any 235
such public work is to be constructed, and the agent empowered to let 236
such contract shall contact the Labor Commissioner, at least ten but not 237
more than twenty days prior to the date such contracts will be 238
advertised for bid, to ascertain the proper rate of wages and amount of 239
employee welfare fund payments or contributions and shall include 240
such rate of wage on an hourly basis and the amount of payment or 241
contributions paid or payable on behalf of each person to any employee 242
welfare fund, as defined in subsection (i) of this section, or in lieu thereof 243
the amount to be paid directly to each person for such payment or 244
contributions as provided in subsection (a) of this section for all 245
classifications of labor in the proposal for the contract. The rate of wage 246 Raised Bill No. 6862
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on an hourly basis and the amount of payment or contributions to any 247
employee welfare fund, as defined in subsection (i) of this section, or 248
cash in lieu thereof, as provided in subsection (a) of this section, shall, at 249
all times, be considered as the minimum rate for the classification for 250
which it was established. Prior to the award of any contract, purchase 251
order, bid package or other designation subject to the provisions of this 252
section, such agent shall certify to the Labor Commissioner, either in 253
writing or electronically, the total dollar amount of work to be done in 254
connection with such public works project or broadband installation 255
project, regardless of whether such project consists of one or more 256
contracts. Upon the award of any contract subject to the provisions of 257
this section, the contractor to whom such contract is awarded shall 258
certify, under oath, to the Labor Commissioner the pay scale to be used 259
by such contractor and any of the contractor's subcontractors for work 260
to be performed under such contract. 261
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2023 16-330c
Sec. 2 July 1, 2023 New section
Sec. 3 July 1, 2023 31-53(a) to (e)
Statement of Purpose:
To implement oversight, accountability and labor standards for the
state's expenditure of broadband funds received pursuant to federal
funds.
[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.]