Connecticut 2023 Regular Session

Connecticut House Bill HB06862 Compare Versions

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7	7		General Assembly Substitute Bill No. 6862
8	8		January Session, 2023
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14	14		AN ACT CONCERNING BROADBAND CONSTRUCTION AND THE
15	15		PREVAILING WAGE.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. Section 16-330c of the general statutes is repealed and the 1
20	20		following is substituted in lieu thereof (Effective July 1, 2023): 2
21	21		(a) On or before January 1, 2022, the Commissioner of Energy and 3
22	22		Environmental Protection shall establish and administer a grant 4
23	23		program, subject to the availability of state and federal funding, to 5
24	24		support the deployment of broadband Internet access service. The 6
25	25		commissioner shall establish criteria consistent with any requirement of 7
26	26		federal law for the grants, including, but not limited to, (1) application 8
27	27		requirements, (2) applicant eligibility, (3) addressing unserved areas in 9
28	28		distressed municipalities, (4) broadband Internet access service speed, 10
29	29		and (5) an applicant's commitment to pay at least twenty per cent of the 11
30	30		costs for any project entered into pursuant to this section with such 12
31	31		applicant's own funding, provided such funding does not derive from 13
32	32		government grants, loans or subsidies to [said] such applicant. 14
33	33		(b) In awarding such grants, the commissioner [may] shall give 15
34	34		priority to applicants (1) based on the percentage of [said] such 16
35	35		applicant's commitment to cost sharing, (2) that are able to demonstrate 17
36	36		that such applicant (A) provides robust training programs to its 18 Substitute Bill No. 6862
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43	43		workforce that will be performing the work under the contract, 19
44	44		provided such contract contains requirements that are tied to titles, 20
45	45		uniform wage scales and skill codes recognized in the industry, and (B) 21
46	46		requires occupational health and safety training for its workforce 22
47	47		performing the work under the contract, (3) that will use a directly 23
48	48		employed workforce to perform the work under the contract being 24
49	49		funded by the program, (4) that are able to demonstrate that such 25
50	50		applicant has programs to promote training and hiring pipelines for 26
51	51		underrepresented communities, and (5) that, (A) within the last five 27
52	52		years, have had robust records of compliance with the Connecticut 28
53	53		Labor Code, Occupational Safety and Health Act, Fair Labor Standards 29
54	54		Act, Title VII of the Civil Rights Act of 1964 and all other applicable labor 30
55	55		or employment laws, or (B) have mitigated violations with labor 31
56	56		compliance agreements and measures in order to ensure future labor 32
57	57		compliance. The commissioner may deny applications from broadband 33
58	58		Internet access service providers that do not provide information to the 34
59	59		Office of Policy and Management pursuant to subsection (c) of section 35
60	60		16-330b or to the Department of Energy and Environmental Protection 36
61	61		pursuant to subsection (b) of section 16-330d. The commissioner may 37
62	62		employ outside consultants in developing and implementing [said] 38
63	63		such grant program. 39
64	64		(c) Any disclosures made by an applicant as a result of the criteria 40
65	65		described in subdivisions (2) to (5), inclusive, of subsection (b) of this 41
66	66		section, shall be made available on the Office of Telecommunications 42
67	67		and Broadband's Internet web site. 43
68	68		(d) The commissioner shall award the grants based on a point system. 44
69	69		Each applicant shall be awarded a point total that ranges from zero to 45
70	70		one hundred points. For grants funded by the Broadband Equity, Access 46
71	71		and Development program, satisfaction of the criteria described in 47
72	72		subdivisions (2) to (5), inclusive, of subsection (b) of this section and the 48
73	73		"Fair Labor Practices" outlined in the National Telecommunications and 49
74	74		Information Notice of Funding Opportunity published on May 13, 2022, 50
75	75		together, shall be awarded at least twenty-five points. For grants not 51 Substitute Bill No. 6862
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82	82		funded by the Broadband Equity, Access and Development program, 52
83	83		satisfaction of the criteria described in subdivisions (2) to (5), inclusive, 53
84	84		of subsection (b) of this section shall be awarded a substantial point 54
85	85		allocation, constituting of at least fifteen points. 55
86	86		(e) All projects funded by grants awarded pursuant to this section 56
87	87		shall be subject to the prevailing wage requirements established in 57
88	88		section 31-53, as amended by this act. 58
89	89		[(b)] (f) On or before January 1, 2023, and every year thereafter for a 59
90	90		period of five years after receiving a grant pursuant to this section, the 60
91	91		recipient of such grant shall submit a report to the Commissioner of 61
92	92		Energy and Environmental Protection concerning the status of such 62
93	93		recipient's broadband Internet access service deployment and other 63
94	94		information deemed relevant by the commissioner. 64
95	95		[(c)] (g) On or before December 1, 2022, and every two years 65
96	96		thereafter, the Department of Energy and Environmental Protection, in 66
97	97		consultation with the Office of Policy and Management, the Office of 67
98	98		State Broadband, the Commission for Educational Technology and 68
99	99		other state agencies deemed appropriate by the Commissioner of 69
100	100		Energy and Environmental Protection, shall report to the Governor 70
101	101		concerning (1) the grants awarded pursuant to this section, (2) the status 71
102	102		and progress made toward a state-wide goal of attaining universal 72
103	103		access to (A) broadband Internet download speeds of one gigabit per 73
104	104		second; and (B) broadband Internet upload speeds of one hundred 74
105	105		megabits per second, and (3) broadband Internet access service 75
106	106		adoption rates, the price and nonprice barriers to broadband adoption 76
107	107		and digital equity. Such report shall include recommendations to 77
108	108		overcome any such barriers, including, but not limited to, addressing 78
109	109		issues of digital literacy and affordability. 79
110	110		Sec. 2. (NEW) (Effective July 1, 2023) (a) Applicants for a grant under 80
111	111		section 16-330c of the general statutes, as amended by this act, shall 81
112	112		provide the Commissioner of Energy and Environmental Protection the 82
113	113		following information with such applicant's application: 83 Substitute Bill No. 6862
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120	120		(1) Whether the workforce is directly employed by the applicant or 84
121	121		whether the proposed work will be performed by a subcontracted 85
122	122		workforce; 86
123	123		(2) The subcontractors with whom the applicant plans to subcontract 87
124	124		with, if any, in carrying out the proposed work; and 88
125	125		(3) For each job title necessary to carry out the proposed work, a 89
126	126		description of: 90
127	127		(A) The wages, benefits and applicable wage scales, including 91
128	128		overtime rates, and a description of how such wages are calculated; 92
129	129		(B) Any training programs provided by the applicant, including 93
130	130		whether the training program is tied to titles, uniform wage scales and 94
131	131		skill codes recognized in the industry; 95
132	132		(C) Any safety training, certification or licensure requirements, 96
133	133		including whether such applicant requires its employees to complete 97
134	134		occupational safety and health training or any other training required 98
135	135		by law; and 99
136	136		(D) The entity employing the workforce in each job title. 100
137	137		(b) If an applicant is awarded a grant under section 16-330c of the 101
138	138		general statutes, as amended by this act, such applicant shall submit a 102
139	139		monthly report to the commissioner with the information provided in 103
140	140		subsection (a) of this section. The provisions of this subsection shall 104
141	141		apply to any recipient that is a public agency. 105
142	142		(c) Any person or entity that fails to meet the requirements of this 106
143	143		section, or provides false information in their application or the monthly 107
144	144		report described in subsection (b) of this section, may be deemed 108
145	145		ineligible by the commissioner for future participation in grant 109
146	146		programs through the Office of Telecommunications and Broadband. 110
147	147		Sec. 3. Subsections (a) to (e), inclusive, of section 31-53 of the general 111 Substitute Bill No. 6862
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154	154		statutes, as amended by section 1 of public act 22-17, are repealed and 112
155	155		the following is substituted in lieu thereof (Effective July 1, 2023): 113
156	156		(a) Each contract for the construction, remodeling, refinishing, 114
157	157		refurbishing, rehabilitation, alteration or repair of any public works 115
158	158		project by the state or any of its agents, or by any political subdivision 116
159	159		of the state or any of its agents, or any broadband installation project 117
160	160		funded by a grant pursuant to section 16-330c, as amended by this act, 118
161	161		shall contain the following provision: "The wages paid on an hourly 119
162	162		basis to any person performing the work of any mechanic, laborer or 120
163	163		worker on the work herein contracted to be done and the amount of 121
164	164		payment or contribution paid or payable on behalf of each such person 122
165	165		to any employee welfare fund, as defined in subsection (i) of this section, 123
166	166		shall be at a rate equal to the rate customary or prevailing for the same 124
167	167		work in the same trade or occupation in the town in which such public 125
168	168		works project or broadband installation project is being constructed. 126
169	169		Any contractor who is not obligated by agreement to make payment or 127
170	170		contribution on behalf of such persons to any such employee welfare 128
171	171		fund shall pay to each mechanic, laborer or worker as part of such 129
172	172		person's wages the amount of payment or contribution for such person's 130
173	173		classification on each pay day. 131
174	174		(b) If the commissioner, upon inspection or investigation of a 132
175	175		complaint, believes that a contractor or subcontractor has knowingly or 133
176	176		wilfully employed any mechanic, laborer or worker in the construction, 134
177	177		remodeling, refinishing, refurbishing, rehabilitation, alteration or repair 135
178	178		of any public works project for or on behalf of the state or any of its 136
179	179		agents, or any political subdivision of the state or any of its agents, or 137
180	180		employs any mechanic, laborer or worker in a broadband installation 138
181	181		project funded by a grant pursuant to section 16-330c, as amended by 139
182	182		this act, at a rate of wage on an hourly basis that is less than the rate 140
183	183		customary or prevailing for the same work in the same trade or 141
184	184		occupation in the town in which such public works project or 142
185	185		broadband installation project is being constructed, remodeled, 143
186	186		refinished, refurbished, rehabilitated, altered or repaired, or who has 144 Substitute Bill No. 6862
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193	193		failed to pay the amount of payment or contributions paid or payable 145
194	194		on behalf of each such person to any employee welfare fund, or in lieu 146
195	195		thereof to the person, as provided by subsection (a) of this section, such 147
196	196		contractor or subcontractor shall be issued a citation and may be fined 148
197	197		five thousand dollars for each offense. The commissioner shall maintain 149
198	198		a list of any contractor or subcontractor that, during the three preceding 150
199	199		calendar years, violates this section or enters into a settlement with the 151
200	200		commissioner to resolve any claim brought by the commissioner 152
201	201		pursuant to this section. For each contractor or subcontractor placed on 153
202	202		such list, the commissioner shall record the following information: (1) 154
203	203		The nature of the violation; (2) the total amount of wages and fringe 155
204	204		benefits making up the violation or agreed upon in any settlement with 156
205	205		the commissioner; and (3) the total amount of civil penalties and fines 157
206	206		agreed upon by the commissioner. The commissioner shall review the 158
207	207		list on the first day of May each year for the preceding rolling three-year 159
208	208		period and may refer for debarment any contractor or subcontractor that 160
209	209		committed a violation of this section during the rolling three-year 161
210	210		period. The commissioner shall refer for debarment any contractor or 162
211	211		subcontractor that entered into one or more settlement agreements with 163
212	212		the commissioner where the sum total of all settlements within such 164
213	213		period exceeds fifty thousand dollars in back wages or fringe benefits, 165
214	214		or entered into one or more settlement agreements with the 166
215	215		commissioner where the sum total of all settlements within such period 167
216	216		exceeds fifty thousand dollars in civil penalties or fines agreed upon by 168
217	217		the commissioner. Any contractor or subcontractor the commissioner 169
218	218		refers for debarment may request a hearing before the commissioner. 170
219	219		Such hearing shall be conducted in accordance with the provisions of 171
220	220		chapter 54. In addition, if it is found by the contracting officer 172
221	221		representing the state or political subdivision of the state that any 173
222	222		mechanic, laborer or worker employed by the contractor or any 174
223	223		subcontractor directly on the site for the work covered by the contract 175
224	224		has been or is being paid a rate of wages less than the rate of wages 176
225	225		required by the contract to be paid as required by this section, the state 177
226	226		or contracting political subdivision of the state may (A) by written or 178
227	227		electronic notice to the contractor, terminate such contractor's right to 179 Substitute Bill No. 6862
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234	234		proceed with the work or such part of the work as to which there has 180
235	235		been a failure to pay said required wages and to prosecute the work to 181
236	236		completion by contract or otherwise, and the contractor and the 182
237	237		contractor's sureties shall be liable to the state or the contracting political 183
238	238		subdivision for any excess costs occasioned the state or the contracting 184
239	239		political subdivision thereby, or (B) withhold payment of money to the 185
240	240		contractor or subcontractor. The contracting department of the state or 186
241	241		the political subdivision of the state shall, not later than two days after 187
242	242		taking such action, notify the Labor Commissioner, in writing or 188
243	243		electronically, of the name of the contractor or subcontractor, the project 189
244	244		involved, the location of the work, the violations involved, the date the 190
245	245		contract was terminated, and steps taken to collect the required wages. 191
246	246		(c) The Labor Commissioner may make complaint to the proper 192
247	247		prosecuting authorities for the violation of any provision of subsection 193
248	248		(b) of this section. 194
249	249		(d) For the purpose of predetermining the prevailing rate of wage on 195
250	250		an hourly basis and the amount of payment, contributions and member 196
251	251		benefits paid or payable on behalf of each person to any employee 197
252	252		welfare fund, as defined in subsection (i) of this section, in each town 198
253	253		where such contract is to be performed, the Labor Commissioner shall 199
254	254		adopt the rate of wages on an hourly basis in accordance with the 200
255	255		provisions of this section and section 31-76c and the amount of payment, 201
256	256		contributions and member benefits, including health, pension, annuity 202
257	257		and apprenticeship funds, as recognized by the United States 203
258	258		Department of Labor and the Labor Commissioner paid or payable on 204
259	259		behalf of each person to any employee welfare fund, as defined in 205
260	260		subsection (i) of this section, as established in the collective bargaining 206
261	261		agreements or understandings between employers or employer 207
262	262		associations and bona fide labor organizations for the same work in the 208
263	263		same trade or occupation in the town in which the applicable building, 209
264	264		heavy or highway works project is being constructed. For each trade or 210
265	265		occupation for which more than one collective bargaining agreement is 211
266	266		in effect for the town in which such project is being constructed, the 212 Substitute Bill No. 6862
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273	273		collective bargaining agreement of historical jurisdiction shall prevail. 213
274	274		For residential project rates and for each trade or occupation for which 214
275	275		there is no collective bargaining agreement in effect for the town in 215
276	276		which the building, heavy or highway works project is being 216
277	277		constructed, the Labor Commissioner shall adopt and use such 217
278	278		appropriate and applicable prevailing wage rate determinations as have 218
279	279		been made by the Secretary of Labor of the United States under the 219
280	280		provisions of the Davis-Bacon Act, as amended. 220
281	281		(e) The Labor Commissioner shall determine the prevailing rate of 221
282	282		wages on an hourly basis and the amount of payment or contributions 222
283	283		paid or payable on behalf of such person to any employee welfare fund, 223
284	284		as defined in subsection (i) of this section, in each locality where any 224
285	285		such public work is to be constructed, and the agent empowered to let 225
286	286		such contract shall contact the Labor Commissioner, at least ten but not 226
287	287		more than twenty days prior to the date such contracts will be 227
288	288		advertised for bid, to ascertain the proper rate of wages and amount of 228
289	289		employee welfare fund payments or contributions and shall include 229
290	290		such rate of wage on an hourly basis and the amount of payment or 230
291	291		contributions paid or payable on behalf of each person to any employee 231
292	292		welfare fund, as defined in subsection (i) of this section, or in lieu thereof 232
293	293		the amount to be paid directly to each person for such payment or 233
294	294		contributions as provided in subsection (a) of this section for all 234
295	295		classifications of labor in the proposal for the contract. The rate of wage 235
296	296		on an hourly basis and the amount of payment or contributions to any 236
297	297		employee welfare fund, as defined in subsection (i) of this section, or 237
298	298		cash in lieu thereof, as provided in subsection (a) of this section, shall, at 238
299	299		all times, be considered as the minimum rate for the classification for 239
300	300		which it was established. Prior to the award of any contract, purchase 240
301	301		order, bid package or other designation subject to the provisions of this 241
302	302		section, such agent shall certify to the Labor Commissioner, either in 242
303	303		writing or electronically, the total dollar amount of work to be done in 243
304	304		connection with such public works project or broadband installation 244
305	305		project, regardless of whether such project consists of one or more 245
306	306		contracts. Upon the award of any contract subject to the provisions of 246 Substitute Bill No. 6862
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313	313		this section, the contractor to whom such contract is awarded shall 247
314	314		certify, under oath, to the Labor Commissioner the pay scale to be used 248
315	315		by such contractor and any of the contractor's subcontractors for work 249
316	316		to be performed under such contract. 250
317	317		This act shall take effect as follows and shall amend the following
318	318		sections:
319	319
320	320		Section 1 July 1, 2023 16-330c
321	321		Sec. 2 July 1, 2023 New section
322	322		Sec. 3 July 1, 2023 31-53(a) to (e)
323	323
324		-
	324	+	Statement of Legislative Commissioners:
	325	+	In Section 1(a) and (b), "said applicant" was changed to "[said] such
	326	+	applicant" for consistency with standard drafting conventions, Section
	327	+	1(b)(2) and (3) were rewritten for clarity, in Section 2(a)(1) and (2),
	328	+	"contractor" was replaced with "applicant" for internal consistency, in
	329	+	Section 2(a)(3), "required" was replaced with "necessary" for accuracy,
	330	+	and "participant" was replaced with "applicant" for internal consistency,
	331	+	in Section 2(b), "section" was replaced with "subsection" for accuracy
	332	+	and "applicant" was replaced with "recipient" for accuracy, in Section
	333	+	2(c), "described" was added before "in subsection" for accuracy and
	334	+	clarity and "by the commissioner" was added after "deemed ineligible"
	335	+	for accuracy and clarity.
325	336
326	337		LAB Joint Favorable Subst.
327		-	APP Joint Favorable
328	338