Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4439 Compare Versions

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1	1	HOUSE . . . . . . . . No. 4439
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 29, 2024.
5	5	The committee on Labor and Workforce Development, to whom were
6	6	referred the petition (accompanied by bill, Senate, No. 1179) of Paul R.
7	7	Feeney, Paul W. Mark, Walter F. Timilty, Michael D. Brady and other
8	8	members of the General Court for legislation relative to a just transition to
9	9	clean energy, the petition (accompanied by bill, Senate, No. 1180) of Paul
10	10	R. Feeney, Paul W. Mark, Walter F. Timilty, Michael D. Brady and other
11	11	members of the General Court for legislation relative to clean energy
12	12	workforce standards and accountability, the petition (accompanied by bill,
13	13	House, No. 1864) of Marjorie C. Decker and others relative to clean
14	14	energy workforce standards and accountability, and the petition
15	15	(accompanied by bill, House, No. 1865) of Marjorie C. Decker and others
16	16	relative to the transition to clean energy and the training of employees on
17	17	alternative energy generation and distribution, reports recommending that
18	18	the accompanying bill (House, No. 4439) ought to pass.
19	19	For the committee,
20	20	KIP A. DIGGS. 1 of 22
21	21	FILED ON: 2/5/2024
22	22	HOUSE . . . . . . . . . . . . . . . No. 4439
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to a just transition to clean energy.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1E of Chapter 164 of the General Laws is hereby amended by
32	32	2adding the following subsection:-
33	33	3 (d) The department shall require each company engaged in the sale or distribution of gas
34	34	4as part of performance based ratemaking, to submit a just transition plan, which must be
35	35	5approved by the department, to address workforce development, maintenance, and attrition, and
36	36	6provide for the following:
37	37	7 1. A detailed proposed chronology for transition to net zero emissions energy supply and
38	38	8distribution to be set through performance based ratemaking;
39	39	9 2. Sufficient in-house staffing levels, in each relevant classification, to ensure the safety
40	40	10and reliability of the gas company’s pipeline through the projected transition period, including
41	41	11but not limited to, map and record accuracy; 2 of 22
42	42	12 3. Training and workforce development plans providing for gas company workforce
43	43	13needs on residual natural gas and electric as well as alternative energy sources, generation and
44	44	14distribution infrastructure utilized by the gas company to replace and/or complement natural gas;
45	45	15 4. Any and all mitigation measures to address the impacts of transition on the gas
46	46	16company’s workforce over the course of the performance based review;
47	47	17 5. In the event of the gas company’s anticipated substantial partial or complete cessation
48	48	18of gas operations in Massachusetts during the period in which performance based review is
49	49	19effective:
50	50	20 a. Means by which the gas company, and/or its parent corporation intends to avoid
51	51	21burdening the commonwealth, ratepayers, or taxpayers with the social welfare costs resulting
52	52	22from such cessation;
53	53	23 b. Measures to ensure the solvency of the local distribution company pension system
54	54	24during and after transition;
55	55	25 c. Measures to stem the displacement of local distribution company employees
56	56	26unemployed as a result of transition from the Massachusetts energy sector.
57	57	27 6. This subsection shall apply to any distribution, transmission, and gas company
58	58	28organized and doing business in the commonwealth pursuant to the provisions of chapter 164,
59	59	29including any successor company engaged in dual-fuels, joint ventures with renewable energy
60	60	30generators/distributors, or alternative energy companies.
61	61	31 7. Nothing in this section shall prohibit or supplant the local distribution company’s
62	62	32collective bargaining obligations relative to the National Labor Relations Act. 3 of 22
63	63	33 SECTION 2. Section 1E of Chapter 164 of the General Laws is hereby amended by
64	64	34striking out, in subsection (b), in line 19 and 27, the date “November 1, 1997” and inserting in
65	65	35place thereof the following date:- January 1, 2022
66	66	36 SECTION 3. Section 145 of Chapter 164 of the General Laws is hereby amended by
67	67	37amended by inserting, in subsection (b), as appearing in the 2020 Official Edition, the following
68	68	38words:- :-
69	69	39 This plan shall include, but not be limited to, provisions to ensure the gas company trains
70	70	40a sufficient skilled workforce to repair and maintain the safety and reliability of its pipeline for
71	71	41the duration of its useful life, until and including its retirement or re-purposing for alternative
72	72	42use.
73	73	43 SECTION 4. Section 145 of Chapter 164 of the General Laws is hereby amended by
74	74	44amended by inserting, in subsections (c), as appearing in the 2020 Official Edition, the following
75	75	45words:- :-
76	76	46 ; and (vii) how the gas company intends to utilize its in-house workforce and outside
77	77	47contractor crews, respectively, to perform construction; (viii) all oversight and quality assurance
78	78	48measures implemented by the gas company on construction during the course of the plan; (ix) all
79	79	49funds to be expended on training for its in-house on the construction and maintenance of its
80	80	50pipeline; (x) any plans for the utilization of pipeline to satisfy the commonwealth’s net zero
81	81	51emissions goals and aggregated data reflecting the projected impact of the plans on the
82	82	52commonwealth’s net zero emissions goals;
83	83	53 SECTION 5. Chapter 23 of the General Laws, as appearing in the 2020 Official Edition,
84	84	54is hereby amended by adding the following section:- 4 of 22
85	85	55 Section 26. Just Transition to Clean Energy
86	86	56 (a) Within the executive office of labor and workforce development, there shall be a just
87	87	57transition office. The office shall ensure that workers employed in the energy sector who are
88	88	58displaced due to efforts by the commonwealth or the private sector to reduce greenhouse gas
89	89	59emissions or transition from fossil fuels to clean energy have access to employment and training
90	90	60opportunities in clean energy industries and related fields. The just transition office shall also
91	91	61work with clean energy businesses to ensure they act as responsible employers to further the
92	92	62commonwealth’s workforce and economic development goals. The just transition office shall
93	93	63also work to increase access to employment and training opportunities in clean energy industries
94	94	64and related fields for residents of environmental justice communities.
95	95	65 (b) The secretary of labor and workforce development shall appoint the director of the
96	96	66office.
97	97	67 (c) There shall be a just transition advisory committee consisting of: (i) the director of the
98	98	68just transition office; (ii) the secretary of labor and workforce development, or their designee;
99	99	69(iii) the commissioner of the department of energy resources, or their designee; (iv) the secretary
100	100	70of the executive office of energy and environmental affairs or their designee; (v) a representative
101	101	71of employers in the gas utility sector appointed by the governor; (vi) a representative of
102	102	72employers in the electric power generation sector appointed by the governor; (vii) a
103	103	73representative of employers in the renewable electricity sector appointed by the governor; (viii) a
104	104	74representative of employers in the energy efficiency sector appointed by the governor; (ix) a
105	105	75representative of employers in the clean transportation sector appointed by the governor; (x) a
106	106	76representative of employers in the clean heating sector appointed by the governor; (xi) a 5 of 22
107	107	77representative of employees in the gas utility sector appointed by the president of the
108	108	78Massachusetts AFL-CIO; (xii) a representative of employees in the electric power generation
109	109	79sector appointed by the president of the Massachusetts AFL-CIO; (xiii) two representatives of
110	110	80employees in the clean energy sector appointed by the president of the Massachusetts AFL-CIO;
111	111	81(xiv) a representative of employees in the transportation sector appointed by the president of the
112	112	82Massachusetts AFL-CIO; (xv) the president of the Massachusetts Building Trades Council or a
113	113	83designee, and (xvi) two representative of environmental justice communities appointed by the
114	114	84Secretary of the executive office of energy and environmental affairs.
115	115	85 (d) The committee shall be tasked with developing a just transition plan for the energy
116	116	86sector that identifies workers currently employed in the sector by industry, trade, and job
117	117	87classification, and contains relevant information including, but not limited to, current wage and
118	118	88benefit packages and current licensing, certification and training requirements. The committee,
119	119	89through the just transition plan, shall recommend education and training programs to enhance re-
120	120	90employment opportunities within the energy sector, and services to support dislocated workers
121	121	91displaced from jobs within the energy sector as a result of emissions-reducing policies and
122	122	92advancements in clean energy technology. The just transition plan shall also recommend actions
123	123	93to increase opportunities for residents of environmental justice communities to work in clean
124	124	94energy industries.
125	125	95 (e) The just transition plan shall include provisions to:
126	126	96 (i) educate dislocated workers, in collaboration with employers of dislocated workers and
127	127	97relevant labor unions, on re-employment or training opportunities.; 6 of 22
128	128	98 (ii) provide training, cross-training, and re-training to workers displaced by gas
129	129	99infrastructure loss in the commonwealth’s local distribution companies and related businesses;
130	130	100 (iii) address the workforce development challenges of the fossil fuel energy sector’s
131	131	101shrinking workforce over the course of the commonwealth’s transition to a clean energy
132	132	102economy;
133	133	103 (iv) incentivize the hiring of displaced energy sector workers with utilities, clean energy
134	134	104industries, and related industries;
135	135	105 (v) collaborate with the Massachusetts Clean Energy Center to ensure that training and
136	136	106employment opportunities for displaced energy sector workers are included in their initiatives,
137	137	107incentives, funding opportunities, and projects;
138	138	108 (vi) collaborate with the department of public utilities and other agencies regulating the
139	139	109energy sector within the commonwealth to coordinate just transition initiatives, complementing
140	140	110the other regulatory priorities of those agencies;
141	141	111 (vii) evaluate options for the establishment of a fund to implement the just transition plan
142	142	112and its components, including potential sources for sustainable short-term and long-term
143	143	113funding;
144	144	114 (viii) develop requirements, including the submission of a workforce transition plan, for
145	145	115energy sector employers that are closing a facility or significantly reducing their workforces as a
146	146	116result of efforts by the commonwealth or the private sector to reduce greenhouse gas emissions
147	147	117or transition from fossil fuels to clean energy; 7 of 22
148	148	118 (ix) identify employers in the energy sector involved or likely to be involved in
149	149	119transitional steps away from fossil fuels and establish requirements and procedures for
150	150	120submission of employee counts and classifications to the office; and
151	151	121 (x) increase access to employment and training opportunities in clean energy industries
152	152	122and related fields for residents of environmental justice communities.
153	153	123 (f) Employers described in paragraph (ix) of subsection (e) shall submit a workforce
154	154	124transition plan to the office. Workforce transition plans shall be subject to section 10 of chapter
155	155	12566 and shall include:
156	156	126 (i) the reasons for the workforce reduction or facility closure;
157	157	127 (ii) the total number of workers by job classification and by geographic assignment
158	158	128employed by the employer;
159	159	129 (iii) the total number of workers whose existing jobs who will be retained, by job
160	160	130classification and geographic location;
161	161	131 (iv) the total number of workers whose existing jobs will be eliminated by the workforce
162	162	132reduction or the closure of a facility, by job classification and geographic location;
163	163	133 (v) whether each classification of workers whose jobs are being eliminated will be
164	164	134offered employment in any other job classification or capacity by the employer; how many
165	165	135employees in each classification will be offered employment; and whether the replacement
166	166	136employment offered will provide comparable wages, benefits, and working conditions;
167	167	137 (vi) whether the employer is offering severance or early retirement benefits to impacted
168	168	138workers; the value of the severance or early retirement benefits; whether the severance or early 8 of 22
169	169	139retirement benefits are being provided to all or certain classes of workers; and how many
170	170	140impacted workers intend to utilize these offerings;
171	171	141 (vii) whether the employer plans to transfer the work to a separate facility, enter a
172	172	142contracting agreement for work previously performed by company employees, or otherwise
173	173	143outsource work previously performed by company employees; and
174	174	144 (viii) whether the employer is a recipient of loans, grants, tax increment financing, or any
175	175	145other financial incentive from the commonwealth, its independent state agencies, departments, or
176	176	146corporations, or any municipality within the last five years.
177	177	147 SECTION 6. Chapter 25A of the General Laws, as appearing in the 2020 Official
178	178	148Edition, is hereby amended by adding the following section:
179	179	149 Section 18A. Clean Energy Workforce Standards and Accountability Act
180	180	150 (a)For the purposes of this section, the following words shall, unless the context
181	181	151clearly requires otherwise, have the following meanings:
182	182	152 “Applicant”, (1) any natural person or business, whether or not incorporated or
183	183	153unincorporated, who seeks a contract to provide labor or services under this Chapter, and
184	184	154employs another to work in the commonwealth, or contracts with another natural person or
185	185	155business to do so to perform labor, services or otherwise assist in the completion of a project,
186	186	156under a contract, grant, subsidy, or any other arrangement funded in part or in the whole by the
187	187	157commonwealth, or its departments, offices, agencies, subdivisions, and quasi-public agencies,
188	188	158including, but not limited to public authorities, subject to said chapter 150A by chapter 760 of
189	189	159the acts of 1962; and (2) any Public Utilities that are regulated under M.G.L. c. 164. This 9 of 22
190	190	160definition excludes: (1) the United States or a corporation wholly owned by the government of -
191	191	161the United States; and (2) a public utility, but only when employing workers directly to perform
192	192	162construction and maintenance and other operational duties on its utility infrastructure and
193	193	163buildings.
194	194	164 “Project”, initiatives of the commonwealth and its departments, offices, agencies,
195	195	165subdivisions, and quasi-public agencies, including, but not limited to public authorities, subject
196	196	166to said chapter 150A by chapter 760 of the acts of 1962, modernizing and expanding the capacity
197	197	167of its existing energy infrastructure, providing climate change remediation, and/or developing
198	198	168renewable energy generation, transmission and distribution, in furtherance of meeting the
199	199	169commonwealth’s net zero emissions goals.
200	200	170 “commonwealth”, the commonwealth and its departments, offices, agencies, political
201	201	171sub-divisions, and quasi-public agencies, including but not limited to quasi-public agencies
202	202	172subject to said chapter 150A by chapter 760 of the acts of 1962 and any quasi-public independent
203	203	173entity and any authority or body politic and corporate established by the general court to serve a
204	204	174public purpose.
205	205	175 “Environmental justice population”, shall have the same meaning as defined in section 62
206	206	176of chapter 30.
207	207	177 “Municipality at high risk from the effects of climate change”, a municipality that can
208	208	178demonstrate to the department current or future significant changes to its population, land use or
209	209	179local economy resulting from changes in climate.
210	210	180 “Labor peace agreement”, an agreement between an entity and any labor organization
211	211	181recognized under the National Labor Relations Act, referred to in this Act as a bona fide labor 10 of 22
212	212	182organization, that prohibits labor organizations and members from engaging in picketing, work
213	213	183stoppages, boycotts, and any other economic interference in exchange for that entity agreeing not
214	214	184to disrupt efforts by the bona fide labor organization to communicate with, and attempt to
215	215	185organize and represent, the entity’s employees. The agreement shall provide a bona fide labor
216	216	186organization access at reasonable times to areas in which the entity’s employees work, for the
217	217	187purpose of meeting with employees to discuss their right to representation, employment rights
218	218	188under State law, and terms and conditions of employment. This type of agreement shall not
219	219	189mandate a particular method of election or certification of the bona fide labor organization.
220	220	190 “Energy infrastructure”, refers to but is not limited to Massachusetts existing energy
221	221	191industry infrastructure generating, transmitting, and distributing energy from fossil fuel sources,
222	222	192building energy efficiency improvements, and renewable energy infrastructure.
223	223	193 ''Public Utilities'', utilities that are regulated under M.G.L. c. 164.
224	224	194 “Supply chain facilities”, refers to but is not limited to businesses that perform material
225	225	195extraction, refining, processing, fabrication, manufacturing, and assembly of components for
226	226	196renewable energy projects.
227	227	197 (b)Every Request for ProposalsGrant Application, or Solicitation offering funding
228	228	198from the commonwealth or other public entity enumerated above for the purpose of furthering
229	229	199the commonwealth’s net zero emissions goals in any manner for all commercial projects and
230	230	200residential projects in excess of threeunits, shall be performed in conformance with sections 26-
231	231	20127D of chapter 149, inclusive, and shall include the certification and disclosure requirements
232	232	202included in this Section. 11 of 22
233	233	203 (c) To be awarded funding or contracts by the commonwealth, applicants shall provide
234	234	204complete and accurate responses and disclosures shall include:
235	235	205 1. documentation reflecting the applicant’s demonstrated commitment to workforce
236	236	206development within the commonwealth;
237	237	207 2. a statement of intent concerning efforts that it and its contractors and sub-contractors
238	238	208will take to promote workforce development on the project if successful;
239	239	209 3. documentation reflecting the applicant’s demonstrated commitment to economic
240	240	210development within the commonwealth;
241	241	211 4. a statement of intent concerning efforts that it and its contractors and sub-contractors
242	242	212on this project will take to promote economic development on the project if successful;
243	243	213 5. documentation reflecting the applicant’s demonstrated commitment to expand
244	244	214workforce diversity, equity, and inclusion in its past projects within the commonwealth;
245	245	215 6. a statement of intent concerning efforts that it and its contractors and sub-contractors
246	246	216on this project, will undertake to expand workforce diversity, equity, and inclusion on the project
247	247	217if successful;
248	248	218 7. a disclosure on whether it and each of its contractors and subcontractors on this
249	249	219project, have previously contracted with a labor organization, as defined by Massachusetts
250	250	220General Laws, c. 150A and/or the National Labor Relations Act, Section 2, in the commonwealth
251	251	221or elsewhere;
252	252	222 8. a statement of whether it and each of its contractors and subcontractors on this project
253	253	223participates in a state or Federally certified apprenticeship program and the number of 12 of 22
254	254	224apprentices the apprenticeship program has trained to completion for each of the last five (5)
255	255	225years;
256	256	226 9. a statement of intent concerning the extent to which the Applicant, its contractors and
257	257	227sub-contractors on this project, intend to utilize apprentices on the project if successful;
258	258	228 10. certification that the applicant and its contractors and sub-contractors on this project,
259	259	229have complied with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152
260	260	230and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the last three (3)
261	261	231calendar years;
262	262	232 11. certification that the pplicant and its contractors and sub-contractors on this project
263	263	233are currently, and will remain, in compliance with Massachusetts General Laws Chapters 149,
264	264	234151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws
265	265	235for the duration of the project;
266	266	236 12. detailed plans for assuring labor harmony during all phases of the construction,
267	267	237reconstruction, renovation, development and operation of the project.
268	268	238 To the extent the applicant, or one of its contractors or sub-contractors on the project
269	269	239cannot meet the certification requirements provided for in Paragraphs 10 and 11, the applicant
270	270	240must submit proof of a wage bond or other comparable form of insurance in an amount equal to
271	271	241the aggregate of one year’s gross wages for all workers projected to be employed by the
272	272	242applicant, contractor, or sub-contractor for which certification is unavailable, to be maintained
273	273	243for the life of the project. 13 of 22
274	274	244 (d) Every request for proposals, solicitation and/or advertisement for funding, issued by
275	275	245the commonwealth under this Chapter shall notify Applicants that they will be disqualified from
276	276	246this project if they have been debarred by the federal government or commonwealth for the
277	277	247entire term of the debarment.
278	278	248 (e) All applicants shall timely provide the above documentation and certifications as part
279	279	249of their initial application. Failure to provide the same shall disqualify the applicant from
280	280	250receiving funding for the project on which funding has been requested.
281	281	251 (f) A successful applicant’s good faith failure to provide complete, accurate certifications
282	282	252and documentation under Subsection a of this Section shall result in suspension from the project
283	283	253for a period of 30 days, to provide an opportunity for the applicant to address application
284	284	254deficiencies to the satisfaction of the commonwealth. Failure to cure deficiencies, thereafter,
285	285	255shall result in termination. A successful applicant’s willful failure to provide accurate
286	286	256certifications and documentation shall result in permanent termination from the project and the
287	287	257return of all funds awarded therefor within 30 days.
288	288	258 (g) The Attorney General shall enforce the provisions contained herein and may enact
289	289	259regulations consistent therewith.
290	290	260 (h) Owners of supply chain facilities that provide goods and services to be used in the
291	291	261construction and maintenance of renewable energy generation, distribution, and transmission
292	292	262infrastructure, which are developed in part or in whole with public funding, shall agree to enter
293	293	263into fully executed labor peace agreements with a bona fide labor organization that actively
294	294	264represents or seeks to represent employees as permitted by Federal law. 14 of 22
295	295	265 SECTION 7. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition,
296	296	266is hereby amended by adding the following three sections:-
297	297	267 Section 27I. All construction, reconstruction, installation, alteration or repair on natural
298	298	268gas utility infrastructure, including, but not limited to, pipelines, mains, services and other
299	299	269infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of
300	300	270way, public works, or buildings and (2) not performed by workers directly employed by Public
301	301	271Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of
302	302	272chapter 149.
303	303	273 No public authority, including, but not limited to, the commonwealth, its subdivisions, a
304	304	274county, or a municipality, shall permit or agree to pipeline construction, reconstruction,
305	305	275installation, alteration or repair work by a gas distribution company requiring the excavation,
306	306	276alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement
307	307	277contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
308	308	278be paid to individuals performing pipeline construction who are not gas company employees.
309	309	279 Any such approval which does not contain said stipulation shall be invalid, and no
310	310	280construction may commence thereunder. Said rates of wages shall be requested of said
311	311	281commissioner by said public official or public body together with the gas local distribution
312	312	282company on whose service territory the public infrastructure lies, and shall be furnished by the
313	313	283commissioner in a schedule containing the classifications of jobs, and the rate of wages to be
314	314	284paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if
315	315	285no such plan is in effect between employers and employees, the amount of such payments shall
316	316	286be paid directly to said employees. Such requests for rates shall be made every six months. 15 of 22
317	317	287 Whoever pays less than said rates of wages, including payments to health and welfare
318	318	288funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the
319	319	289use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said
320	320	290wages or health and welfare funds, shall have violated this section and shall be punished or shall
321	321	291be subject to a civil citation or order as provided in section 27C.
322	322	292 An employee claiming to be aggrieved by a violation of this section may, 90 days after
323	323	293the filing of a complaint with the attorney general, or sooner if the attorney general assents in
324	324	294writing, and within 3 years after the violation, institute and prosecute in his own name and on his
325	325	295own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
326	326	296any damages incurred, and for any lost wages and other benefits pursuant to Section 150 of
327	327	297Chapter 149. An employee so aggrieved who prevails in such an action shall be awarded treble
328	328	298damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded
329	329	299the costs of the litigation and reasonable attorneys' fees.
330	330	300 Section 27J. All construction, reconstruction, installation, alteration or repair on electrical
331	331	301utility infrastructure: (1) requiring the excavation, construction, reconstruction of public lands,
332	332	302rights of way, public works, or buildings and (2) not performed by workers directly employed by
333	333	303Public Utilities, as defined by chapter 164, shall be performed and procured under this section of
334	334	304chapter 149.
335	335	305 No public authority, including, but not limited to, the commonwealth, its subdivisions, a
336	336	306county, or a municipality, shall permit or agree to construction, reconstruction, installation,
337	337	307alteration or repair work by a electric distribution company requiring the excavation, alternation,
338	338	308reconstruction, or repair of public lands, works, or buildings unless said agreement contains a 16 of 22
339	339	309stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to
340	340	310individuals performing pipeline construction who are not gas company employees.
341	341	311 Any such approval which does not contain said stipulation shall be invalid, and no
342	342	312construction may commence thereunder. Said rates of wages shall be requested of said
343	343	313commissioner by said public official or public body together with the electric company on whose
344	344	314service territory the public infrastructure lies, and shall be furnished by the commissioner in a
345	345	315schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said
346	346	316rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect
347	347	317between employers and employees, the amount of such payments shall be paid directly to said
348	348	318employees. Such requests for rates shall be made every six (6) months.
349	349	319 Whoever pays less than said rates of wages, including payments to health and welfare
350	350	320funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the
351	351	321use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said
352	352	322wages or health and welfare funds, shall have violated this section and shall be punished or shall
353	353	323be subject to a civil citation or order as provided in section 27C.
354	354	324 An employee claiming to be aggrieved by a violation of this section may, 90 days after
355	355	325the filing of a complaint with the attorney general, or sooner if the attorney general assents in
356	356	326writing, and within 3 years after the violation, institute and prosecute in his own name and on his
357	357	327own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
358	358	328any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150.
359	359	329An employee so aggrieved who prevails in such an action shall be awarded treble damages, as 17 of 22
360	360	330liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of
361	361	331the litigation and reasonable attorneys' fees.
362	362	332 Section 27K. All construction, reconstruction, installation, alteration or repair on
363	363	333renewable energy generation, distribution, transmission infrastructure: (1) requiring the
364	364	334excavation, construction, reconstruction of public lands, rights of way, public works, or buildings
365	365	335and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c.
366	366	336164, shall be performed and procured under this section of chapter 149.
367	367	337 No public authority, including, but not limited to, the commonwealth, its subdivisions, a
368	368	338county, or a municipality, shall permit or agree to construction, reconstruction, installation,
369	369	339alteration or repair work by a renewable energy company requiring the excavation, alternation,
370	370	340reconstruction, or repair of public lands, works, or buildings unless said agreement contains a
371	371	341stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to
372	372	342individuals performing pipeline construction who are not gas company employees.
373	373	343 Any such approval which does not contain said stipulation shall be invalid, and no
374	374	344construction may commence thereunder. Said rates of wages shall be requested of said
375	375	345commissioner by said public official or public body together with the renewable energy
376	376	346distribution company on whose service territory the public infrastructure lies, and shall be
377	377	347furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of
378	378	348wages to be paid for each job. Said rates of wages shall include payments to health and welfare
379	379	349plans, or, if no such plan is in effect between employers and employees, the amount of such
380	380	350payments shall be paid directly to said employees. Such requests for rates shall be made every
381	381	351six (6) months. 18 of 22
382	382	352 Whoever pays less than said rates of wages, including payments to health and welfare
383	383	353funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the
384	384	354use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said
385	385	355wages or health and welfare funds, shall have violated this section and shall be punished or shall
386	386	356be subject to a civil citation or order as provided in section 27C.
387	387	357 An employee claiming to be aggrieved by a violation of this section may, 90 days after
388	388	358the filing of a complaint with the attorney general, or sooner if the attorney general assents in
389	389	359writing, and within 3 years after the violation, institute and prosecute in his own name and on his
390	390	360own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
391	391	361any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150.
392	392	362An employee so aggrieved who prevails in such an action shall be awarded treble damages, as
393	393	363liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of
394	394	364the litigation and reasonable attorneys' fees.
395	395	365 SECTION 8. Section 2 of chapter 23J of the General Laws, as appearing in the 2020
396	396	366Official Edition, is hereby amended by striking out the number “15” and inserting in place
397	397	367thereof the number:- 19
398	398	368 SECTION 9. Section 2 of said chapter 23J of the General Laws, as so appearing, is
399	399	369hereby further amended by striking out the words “1 of whom shall be a union representative ”,
400	400	370in line 60, and inserting in place thereof, the following words:-
401	401	371 “1 of whom shall be a representative of employees in the gas utility sector appointed by
402	402	372the president of the Massachusetts AFL-CIO; 1 of whom shall be a representative of employees
403	403	373in the electric power generation sector appointed by the president of the Massachusetts AFL- 19 of 22
404	404	374CIO; 1 of whom shall be the president of the Massachusetts AFL-CIO, or their designee, and 1
405	405	375of whom shall be the president of the Massachusetts Building Trades Council or their designee, 1
406	406	376of whom shall be a union representative”
407	407	377 SECTION 10. Paragraph 27 of section 3 of said chapter 23J of the General Laws, as so
408	408	378appearing, is hereby amended by inserting after the words “clean energy industry” the following
409	409	379words:-
410	410	380 including, but not limited to, collaboration with state and federally licensed
411	411	381apprenticeship and pre-apprenticeship programs providing training in the commonwealth;
412	412	382 SECTION 11. Section 12 of chapter 23J of the General Laws, as so appearing, is hereby
413	413	383amended by adding the following words:-
414	414	384 The center shall be subject to section 39M of chapter 30 and sections 44A to 44H,
415	415	385inclusive, of chapter 149 and shall comply with requirements applicable to an independent public
416	416	386authority for publication of contract information in the central register established pursuant to
417	417	387section 20A of chapter 9.
418	418	388 With regard to all clean energy and other climate change remediation construction
419	419	389projects funded, owned or leased by the commonwealth, including but not limited to the center,
420	420	390the commonwealth shall require that successful Applicants, in collaboration with their
421	421	391contractors and sub-contractors:
422	422	392 (a) Meet the workforce participation goals for the utilization of minority and women
423	423	393workers as required by section 44A(1)(G) of Chapter 149, provided, however, that such goals
424	424	394shall be equal to or greater than the goals contained in the executive office for administration and 20 of 22
425	425	395finance Administration Bulletin Number 14, and incorporate the data collection requirements
426	426	396contains in Administration Bulletin Number 17.
427	427	397 (b) Participate in state or federally accredited apprenticeship program(s) that have
428	428	398graduated at least one apprentice in the last five (5) years and utilize apprentices at a percentage
429	429	399set by the commonwealth as part of its current workforce development plan.
430	430	400 (c) Bid all applicable construction, reconstruction, installation, alteration work performed
431	431	401on the Project under this Section consistent with section 44A of chapter 149, section 8 of chapter
432	432	402149A, and section 39M of chapter 30.
433	433	403 (d) Compensate all construction, reconstruction, installation, alteration work performed
434	434	404under this Section, at a minimum, in accordance with chapter 149, sections 26-27D.
435	435	405 (e) Become signatory to a project labor agreement if such an agreement is selected as the
436	436	406project delivery method for the construction project by the contracting authority.
437	437	407 SECTION 12. Chapter 23J of the General Laws, as so appearing, is hereby amended by
438	438	408adding the following section:-
439	439	409 Section 13. Clean Energy Workforce Development Plan
440	440	410 The Massachusetts Clean Energy Technology Center, in collaboration with the
441	441	411department of career services, shall develop and implement successive five-year clean energy
442	442	412workforce development plans for the commonwealth that includes outreach and recruitment into
443	443	413the clean energy industry for existing workers in fossil fuel intensive industries, as well as
444	444	414environmental justice populations and individuals living in municipalities at high risk for climate
445	445	415change within the commonwealth. 21 of 22
446	446	416 The workforce development plans shall include:
447	447	417 1. Development of technical assistance, grants, loans, and demonstration projects,
448	448	418facilitating the creation of construction, operations, and maintenance jobs in the clean energy
449	449	419industry.
450	450	420 2. Measures to expand training capacity for the clean energy industry, building upon the
451	451	421commonwealth’s existing public and private workforce development facilities, including all state
452	452	422and federally certified apprenticeship programs, licensure, and degree programs.
453	453	423 3. Specific goals for the utilization of the residual workforce in fossil fuel intensive
454	454	424industries, as well as environmental justice populations and individuals living in municipalities at
455	455	425high risk for climate change within the commonwealth.
456	456	426 4. Recommendations, programs, and technical assistance for the clean energy industry to
457	457	427ensure that the industry develops and maintains working terms and conditions for all workers
458	458	428employed therein.
459	459	429 5. Requirements for minimum working conditions on clean energy projects owned,
460	460	430leased, or financed by the Center through the Renewable Energy Trust Fund, or otherwise by the
461	461	431commonwealth, its departments, offices, agencies, and quasi-independent agencies.
462	462	432 The Center will engage all stakeholders in the planning process, including but not limited
463	463	433to the union representatives of workers in fossil fuel industries and organizations serving
464	464	434environmental justice populations and individuals living in municipalities at high risk for climate
465	465	435change within the Commonwealth. The Center will coordinate their workforce development 22 of 22
466	466	436planning and research with the executive office of labor and workforce development’s office of
467	467	437just transition.