ORS 757.306
Contractor labor standards for large-scale projects
- attestation or declaration
- project labor agreement
Amended by HB 4059
Effective since March 23, 2022
Relating to large-scale project labor standards; creating new provisions; amending ORS 757.306; and declaring an emergency.
(1)
As used in this section:(a)
“Apprentice” and “apprenticeable occupation” have the meanings given those terms in ORS 660.010 (Definitions for ORS 660.002 to 660.210).(b)
“Apprenticeship training program” means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010 (Definitions for ORS 660.002 to 660.210), operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an apprenticeable occupation.(c)
“Construction” includes on-site and off-site construction and fabrication and covers 30 days after project completion.(d)
“Large-scale project” means a renewable energy generation, sequestration or storage facility with a capacity rating of 10 megawatts or greater.(e)
“Minority individual” and “woman” have the meanings given those terms in ORS 200.005 (Definitions).(f)
“Repower” means replacement of enough of the original generation equipment or components to make an original energy generation facility equivalent to a new facility, such that at least 80 percent of the fair market value of the facility derives from new generation equipment or components installed as part of the replacement project.(g)
“Veteran” has the meaning given that term in ORS 408.225 (Definitions for ORS 408.225 to 408.237).(2)
A person who constructs or repowers a large-scale project sited in this state shall, at the time of contract finalization for development of the project or execution of a contract for delivery of energy from the project, provide a signed attestation or declaration stating to the best of their knowledge and belief, subject to penalty of perjury as described in ORS 162.065 (Perjury), that during all periods of construction all contractors and subcontractors working on the construction or repowering project will:(a)
Participate in an apprenticeship program registered with the State Apprenticeship and Training Council and with graduation rates equal to or higher than the national average for each respective trade in a manner consistent with the respective apprenticeship training programs, such that 15 percent of the total work hours on a given large-scale project is performed by workers in apprenticeable occupations;(b)
Establish and execute a plan for outreach, recruitment and retention of women, minority individuals, veterans and people with disabilities to perform work under the contract, with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;(c)
Have policies in place that are designed to limit or prevent workplace harassment and discrimination and that promote workplace diversity, equity and inclusion for communities who have been underrepresented in the clean energy sector, including women, veterans and Black, Indigenous and People of Color;(d)
Demonstrate good faith with meeting the requirements described in paragraphs (a) to (c) of this subsection by providing documented and verifiable information including:(A)
Internet addresses of employment advertisements or job announcements;(B)
Dates, times, Internet addresses and attendance lists of a prejob conference with apprenticeship, preapprenticeship and workforce providers in construction;(C)
Contacts requesting workers with an apprenticeship program approved by the Bureau of Labor and Industries including the date, time, telephone contact, email contact and whether a response was provided within 48 hours of the request; and(D)
Contacts requesting workers from a union hall including the date, time, telephone contact, email contact and whether a response was provided within 48 hours of the request;(e)
Maintain a license and good standing to perform the work and remain eligible to receive a contract or subcontract for public works under ORS 279C.860 (Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage);(f)
Materially 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;(g)
Materially 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; and(h)
Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification.(3)
In addition to the requirements in subsection (2) of this section, a person constructing or repowering a large-scale project shall require all contractors and subcontractors working on the construction or repowering project to:(a)
Pay the area wage standard for an hour’s work in the same trade or occupation in the locality where the labor is performed. Area wage standard includes the calculation of wages and fringe benefits per trade and locality and will be treated as standards defined in ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) et seq.(b)
Offer health care and retirement benefits to the employees performing the labor on the project.(c)
Provide quarterly reporting and recordkeeping to the project owner or electric utility and respond to records requests and verification.(4)
A person constructing or repowering a large-scale project shall provide the attestation or declaration and good faith effort documentation described in subsection (2) of this section to the State Department of Energy within 30 days from the date construction begins and provide notice of such delivery to the purchaser of the project or of the energy from the project. In addition to the requirements described in subsection (2) of this section, an attestation must include the following information:(a)
The megawatt capacity and physical footprint in acres of the project;(b)
The geographic location of the project;(c)
The estimated workforce requirements of the project;(d)
A collated list of good faith effort documentation; and(e)
A description of any policies in place for ensuring the person meets the requirements in this section.(5)
Intentionally left blank —Ed.(a)
In lieu of providing an attestation or declaration described in subsection (2) of this section, a person may provide a copy of a project labor agreement, if a project labor agreement is used on the large-scale project and shall be exempted from the requirements described in subsection (2) of this section.(b)
As used in this subsection, “project labor agreement” means a prehire collective bargaining agreement as described in 29 U.S.C. 158(f) that establishes the terms and conditions of employment for a specific construction project or contract.(c)
A project labor agreement may include additional provisions that:(A)
Prohibit discrimination based on race, national origin, religion, gender, sexual orientation, political affiliation or membership in a labor organization in hiring and dispatching workers for the project.(B)
Permit qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to a collective bargaining agreement.(C)
Permit and promote qualified business enterprises owned by women, minorities, veterans and disadvantaged individuals without regard to whether the individuals are otherwise parties to a collective bargaining agreement.(D)
Guarantee against work stoppages, strikes, lockouts and similar disruptions of the project.(6)
Intentionally left blank —Ed.(a)
The department shall retain an attestation or declaration filed with the department in a manner consistent with the department’s record retention policies.(b)
Notwithstanding any provisions of ORS 192.345 (Public records conditionally exempt from disclosure) or 192.355 (Public records exempt from disclosure), an attestation or declaration provided to the department pursuant to this subsection is subject to public records disclosure and the department shall provide a copy of the attestation or declaration upon request.(c)
An attestation or declaration filed under this section is for reporting purposes only and the department may not use an attestation or declaration to investigate, regulate or enforce matters addressed in the attestation or declaration. [2021 c.508 §26]
Source:
Section 757.306 — Contractor labor standards for large-scale projects; attestation or declaration; project labor agreement, https://www.oregonlegislature.gov/bills_laws/ors/ors757.html.
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