Bill Text: HI SB3103 | 2024 | Regular Session | Amended
Bill Title: Relating To Energy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-04-26 - Conference Committee Meeting will reconvene on Friday, 04-26-24 at 5:20PM in Conference Room 329. [SB3103 Detail]
Download: Hawaii-2024-SB3103-Amended.html
|
THE SENATE |
S.B. NO. |
3103 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO ENERGY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§196- Project labor standards for large-scale
renewable energy projects; attestation or declaration. (a)
A person who constructs a covered project sited in the State shall,
within thirty days from the date construction begins, provide a signed
attestation or declaration to the department stating to the best of that
person's knowledge and belief, under penalty of perjury, that during all
periods of construction all contractors and subcontractors working on the
covered project will:
(1) Use apprentices who are enrolled in
or have graduated from an apprenticeship program pursuant to chapter 372;
(2) Have policies in place that are
designed to limit or prevent workplace harassment and discrimination and that
promote workplace diversity, equity, and inclusion;
(3) Be licensed, be in good standing to
perform the work, and remain eligible to receive a contract or subcontract for
public works under chapter 104;
(4) Demonstrate a history of compliance
in the previous seven years or, for new businesses, provide available history,
with the rules and other requirements of state agencies with oversight
regarding workers' compensation, building codes, and occupational safety and
health;
(5) Demonstrate a history of compliance
in the previous seven years or, for new businesses, provide available history,
with federal and state wage and hour laws;
(6) Provide quarterly reporting and
recordkeeping to the covered project's owner or applicable electric utility and
respond to records requests and verification;
(7) Comply with chapter 104; and
(8) Offer health care and retirement
benefits to the employees performing the labor on the covered project.
(b) In addition to the requirements described in subsection (a), the attestation or declaration shall include the following information:
(1) The megawatt capacity and physical
footprint in acres of the covered project;
(2) The geographic location of the covered
project;
(3) The estimated workforce requirements
of the covered project;
(4) A collated list of good faith effort
documentation regarding use of apprentices; and
(5) A description of any policies in
place for ensuring the person meets the requirements of this section.
(c) A person constructing a covered project shall
notify the purchaser of the covered project or the purchaser of the energy from
the covered project of the existence of the signed attestation or declaration
required pursuant to subsection (a).
(d) The department shall retain the attestation
or declaration required under this section in a manner consistent with the
department's record retention rules.
(e) The attestation or declaration provided to the department pursuant to this section shall be subject to public records disclosure pursuant to chapter 92F, and the department shall provide a copy of the attestation or declaration upon request.
(f) An attestation or declaration filed under this section shall be for reporting purposes only, and the department shall not use an attestation or declaration to investigate, regulate, or enforce matters addressed in the attestation or declaration.
(g) Nothing in this section shall prohibit the inclusion of labor standards in addition to those required by subsection (a) in contracts that are subject to this section.
(h) If:
(1) Contractors and subcontractors are unable or unwilling to meet the requirements under subsection (a);
(2) Enforcing these requirements will prevent the completion of the covered project in accordance with an existing or a new contract; and
(3) All reasonable attempts have been made to procure contractors and subcontractors who are able and willing to meet the requirements under subsection (a),
then the
person completing the covered project may be exempt from the requirements of
subsection (a).
(i) As used in this section:
"Apprentice" has the same meaning as in section 372-2.
"Construction"
includes on-site construction and fabrication, excludes post-construction
equipment testing or inspection, and shall be effective thirty days after covered
project completion.
"Contractor" means any person furnishing construction under a contract with any person, governmental contracting agency, general contractor, subcontractor, individual, partnership, firm, corporation, joint venture, or other legal entity, acting directly or through an agent, employee, consultant, corporate officer, or corporate director.
"Covered
project" means a facility for renewable energy generation, renewable
energy storage, or carbon sequestration with a capacity rating of one megawatt
or greater.
"Department" means the department of business, economic development, and tourism.
"Renewable energy" has the
same meaning as in section 269-91."
SECTION
2. New statutory material is
underscored.
SECTION 3. This Act shall take effect on July 1, 3000.
Report Title:
Renewable Energy Projects; Labor Standards; Covered Projects
Description:
Requires an attestation or declaration regarding project labor standards, including adherence to state-approved apprenticeship programs and prevailing wage requirements, for large-scale renewable energy generation covered projects. Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
