HB187 HD2

SECTION 1. Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§196- Project labor standards for large-scale renewable energy projects; attestation or declaration; project labor agreement. (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 of labor and industrial relations stating to the best of the person's knowledge and belief, under penalty of perjury, that during all periods of construction all contractors and subcontractors working on the covered project shall:

(1) Use apprentices enrolled in or 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) Maintain a license, 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 material compliance in the previous seven years, or provide available history for new businesses, 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 provide available history for new businesses, 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) Pay no less than the prevailing wage rate reflected in the Hawaii prevailing wage statute set forth in chapter 104 for an hour's work in the same trade or occupation in the county where the labor is performed; 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; and

(5) A description of any policies in place for ensuring the person meets the requirements of this section.

(c) A person shall be exempt from the requirements of subsection (a) if the person provides the department of labor and industrial relations with a copy of a project labor agreement for the covered project.

(d) 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 signed attestation or declaration required pursuant to subsection (a) or of the existence of a project labor agreement under subsection (c), the notice of which shall identify the signatories to the agreement.

(e) The department of labor and industrial relations shall retain in a manner consistent with the department's record retention rules the attestation or declaration and, if applicable, the project labor agreement filed with the department.

(f) An attestation or declaration and, if applicable, a project labor agreement provided to the department of labor and industrial relations 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 and, if applicable, the project labor agreement upon request.

(g) An attestation or declaration and, if applicable, a project labor agreement filed under this section shall be for reporting purposes only and the department of labor and industrial relations shall not use an attestation or declaration and, if applicable, a project labor agreement to investigate, regulate, or enforce matters addressed in the attestation, declaration, or project labor agreement.

(h) Nothing in this section shall prohibit:

(1) The inclusion of labor standards in addition to those required by subsection (a) in contracts that are subject to this section;

(2) A person from using a project labor agreement to meet the minimum requirements of subsection (a); or

(3) A project labor agreement from including additional provisions that:

(A) Permit qualified contractors and subcontractors to bid for and be awarded work on the covered project without regard to whether they are otherwise parties to a collective bargaining agreement; and

(B) Guarantee against work stoppages, strikes, lockouts, and similar disruptions of the covered project.

(i) As used in this section:

"Apprentice" shall have the same meaning as that term is defined in section 372-2.

"Construction" includes on-site and off-site construction and fabrication and covers thirty days after project completion.

"Covered project" means a renewable energy generation, sequestration, or storage facility with a capacity rating of ten megawatts or greater.

"Project labor agreement" means a prehire collective bargaining agreement as described in title 29 United States Code section 158(f) that establishes the terms and conditions of employment for a specific construction project or contract."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	187
THIRTY-SECOND LEGISLATURE, 2023		H.D. 2
STATE OF HAWAII