SB3103 HD1

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

"§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 project;

(2) The geographic location of the project;

(3) The estimated workforce requirements of the 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 in this section.

(c) A person constructing a covered project shall notify the purchaser of the project or the purchaser of the energy from the 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) 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 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.

THE SENATE	S.B. NO.	3103
THIRTY-SECOND LEGISLATURE, 2024		S.D. 2
STATE OF HAWAII		H.D. 1