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 Section 16-330c of the general statutes is repealed and the 1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