2012 -- S 2951

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LC02283

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - GREEN JOBS FOR DEMAND SIDE

MANAGEMENT PROGRAM

     Introduced By: Senators Miller, Goodwin, Ruggerio, Sosnowski, and DeVall

     Date Introduced: May 10, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Legislative Finding. The general assembly hereby finds and declares that

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promoting widespread dissemination of demand side management programs and technologies

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represents a clear and cost-effective strategy for communities in this state to curtail the emission

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of greenhouse gases and harmful air contaminants, reduce dependence on fossil fuels, lower

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housing costs, support community development and create green jobs to sustain and enhance our

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economy. These jobs will provide meaningful employment opportunities for displaced workers,

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the long-term unemployed and new workforce entrants. Wages and advancement of skilled,

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certified workers in this sector historically sustain meaningful economic development, and the

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economic impact of these jobs can be ensured by the establishment of job, hiring and certification

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standards in state-sponsored programming. Installation of energy efficiency improvements to

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reduce the loss or waste of energy will allow consumers to pay for these improvements through

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energy savings over a reasonable period of time. However, lack of affordable and accessible

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financing for many owners of residential properties, small businesses and nonprofit organizations

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has hindered progress in fully realizing the promise of these technologies. Therefore, it is the

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intent of the General Assembly to enact a Green Jobs for Demand Side Management program

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with the ultimate goal of improving the energy efficiency of residential units throughout the state,

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creating new green jobs, and training workers to fill these jobs with a particular focus on

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employing residents facing barriers to employment.

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     SECTION 2. Chapter 39-1 of the General Laws entitled "Public Utilities Commission" is

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hereby amended by adding thereto the following section:

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     39-1-27.13. Approval of demand side management programs. – (a) The commission

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shall establish requirements for gas or electric distribution company authorized under section 39-

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2-1.2 to include charges to fund demand side management programs to enter into contracts with

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constituency-based organizations, workforce development organizations, labor organizations, and

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other training-related organizations, designated by the office of energy resources pursuant to

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chapter 42-140.4 for the purpose of conducting demand side management programs so authorized

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and providing employment and training services.

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     (b) The commission shall further establish requirements that any contracting firm

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providing retrofit services under a demand side management program operated by a gas or

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electric distribution company shall:

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     (1) Be accredited by a national accreditation agency approved by the commission; or

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     (i) Demonstrate a minimum level of experience in providing energy audits and/or retrofits

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as firms accredited by a national accreditation agency approved by the council; and

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     (ii) Guarantee that all workers on retrofit crews are fully certified as installers pursuant to

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standards established by the United States department of energy, and firms shall guarantee the

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provision of OSHA 10 and lead safe renovator certification to all workers on program audits and

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retrofits within thirty (30) days of selection; and

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     (iii) Possess appropriate business and contracting licensing, insurance, and meet

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minimum bonding requirements established by the commission; and

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     (iv) Comply with all health and safety laws, regulations and procedures required by state

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and federal laws, and shall not be found in violation of such laws during their participation in the

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program. Firms that, during the last five (5) years, have been cited by state or federal authorities

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as having violated any of those laws, regulations and procedures or who have paid fines to

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resolve claims of alleged violations are not eligible to participate; and

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     (v) Pay all workers a minimum of not less than twice the minimum wage as stated in

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section 28-12-3, including the value of any benefits. Firms shall provide and pay for minimally

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credible health insurance coverage for all of their construction employees and their dependents.

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Firms must pay all wages due in a timely fashion in accordance with applicable law. Firms that,

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at any time during the last three (3) years have failed to do so or who are found by a court or cited

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by the attorney general of the state of Rhode Island or by agencies of the United States

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government for failing to do so, may not participate; and

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     (vi) Guarantee that they will assign only employees to project sites under the program;

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and

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     (vii) Participate in department of labor certified labor-management programs as available.

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     (c) To the extent that such preference is not disallowed by applicable federal or state

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laws, firms shall commit to hiring sixty percent (60%) of new hires who engage in ten (10) or

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more hours of program work in a calendar year from targeted populations including graduates of

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training programs which meet terms established under chapter 42-140.4 that coordinate with

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constituency-based organizations contracted to perform demand side management programs, low-

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income people, long-term unemployed individuals, and populations historically underrepresented

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in energy efficiency contracting work including minorities, formerly incarcerated individuals and

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women. To qualify as hires, at least eighty percent (80%) of such workers shall be retained for at

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least six (6) months, and such workers shall perform no less than twenty-five percent (25%) of

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work hours; and

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     (d) Enforcement of industry certification provisions shall be the responsibility of the

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Rhode Island department of labor and training. The penalty for non-compliance shall be removal

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from the demand side management program. No contracting firm shall receive payment for work

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performed except as a contractor in good standing; and

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     (e) Enforcement of labor and business conduct provisions, and penalties for violation of

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such provisions, shall be the responsibility of the state department of labor and training in

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consultation with the Rhode Island energy efficiency and resource management council; and

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     (f) The interests of the state will be best served if demand side management programs

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proceed in an orderly manner without labor-related disruption, a participating firm must either be:

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     (1) Signatory to an agreement with a labor organization which contains, at a minimum, a

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provision prohibiting the labor organization and its members from engaging in any picketing,

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work stoppage, boycott, or other economic interference at or in connection with the firm’s

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demand side management work, or;

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     (2) Agree to sign such an agreement upon request by any labor organization that seeks to

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represent employees performing this work.

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     SECTION 3. Title 42 of the General Laws entitled "State Affairs and Government" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 42-140.4

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GREEN JOBS FOR DEMAND SIDE MANAGEMENT PROGRAMS

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     42-140.4-1. Definitions. – For the purposes of this chapter, the following terms shall

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have the following meanings:

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     (1) “Constituency-based organization” means an organization incorporated for the

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purpose of representing or providing services or other assistance to economically or socially

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disadvantaged persons within a specified community, and which is at least thirty percent (30%)

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financially supported by individual members of the community in which it operates, or whose

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actions are directed by a documented stakeholder process that is controlled in the majority by

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members of the community in which it operates.

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     (2) “Distribution utility” means any gas or electric distribution company authorized under

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section 39-2-1.2 to include charges to fund demand side management programs.

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     (3) “Demand side management programs” means any program including, but not limited

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to, programs for cost-effective energy efficiency, energy conservation, combined heat and power

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systems, and weatherization services, established by a gas or electric distribution company and

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approved by the public utilities commission.

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     (4) “Office of energy resources” and/or “office” means the office of energy resources

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established pursuant to chapter 42-140.

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     42-140.4-2. Definitions. – Establishment of program. (1) Within six (6) months of the

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effective date of this chapter, the office of energy resources is hereby authorized and directed to

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establish and administer the green jobs for demand side management program. The office shall

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implement the program in consultation with the permanent joint committee on environment and

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energy established pursuant to chapter 22-7.3, the Rhode Island energy efficiency and resources

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management council established pursuant to chapter 42-140.1, the public utilities commission

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established pursuant to chapter 39-1, the division of public utilities and carriers established

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pursuant to chapter 39-1, the Rhode Island economic development corporation established

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pursuant to chapter 42-64, the Rhode Island department of labor and training established pursuant

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to chapter 42-16.1, and the department of environmental management established pursuant to

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chapter 42-17.1.

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     (2) The green jobs for demand side management program shall identify constituency-

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based organizations, workforce development organizations, labor organizations, and other

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training-related organizations authorized to provide demand side management including, but not

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limited to, programs for cost-effective energy efficiency, energy conservation, combined heat and

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power systems, and weatherization services, established by a gas or electric distribution as

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authorized under section 39-2-1.2. Such a program shall provide for:

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     (i) Training of individuals to participate in outreach and marketing activities, and perform

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and provide appropriate demand side management programs, provided that such training shall

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include, but not be limited to:

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     (A) Incremental occupational training to unemployed workers with good work histories;

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     (B) Work-readiness and entry-level technical training to individuals with weak work

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histories;

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     (C) Apprenticeship qualifying, apprenticeship and labor-management certification

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training;

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     (D) Training that is designed to lead to certification in energy auditing and energy

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performance contracting; and

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     (E) Skills upgrading for incumbent workers, including workers performing

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weatherization activities under the federal weatherization assistance program.

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     (ii) Provision of job placement services to such individuals. To the extent permitted by

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statute, regulation or federal grant, a preference shall be given for training and placement of

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women, minorities, low-income individuals and populations with barriers to employment in order

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to focus training services on populations targeted for employment under this title.

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     (iii) Education and outreach programs for utility customers and homeowners apprising

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them of the availability of demand side management programs as well as available funding

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streams, incentives, and financing mechanisms.

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     (3) For quality assurance purposes, organizations authorized to provide training services

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pursuant to subdivision (2) shall meet minimum qualifications, certifications and accreditations as

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determined by the commission, in consultation with the department of labor and training.

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     (4) Organizations providing training services under subdivision (2) shall demonstrate a

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prior record of maintaining the above qualifications, certifications and accreditations. Training

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organizations that are disqualified or suspended from such qualification, certifications and

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accreditations shall be ineligible from future participation in the program.

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     (5) The office, in cooperation with the department of labor and training, shall facilitate

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coordination between constituency-based organizations, workforce development organizations,

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labor organizations and auditing and energy performance services contractors to provide job

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opportunities for individuals participating in training programs and receiving placement services

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pursuant to subdivision (2).

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     (6) The office, in cooperation with the department of labor and training shall:

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     (i) Encourage local workforce investment boards created pursuant to the federal

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workforce investment act of 1998 (public laws 105-220) to make available training and job

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placement services authorized pursuant to this paragraph within each local workforce investment

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area;

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     (ii) Access training services available through the department of labor and training; and

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     (iii) Apply for available federal funding for appropriate training services pursuant to the

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provisions of any applicable federal law.

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     SECTION 4. This act shall take effect upon passage.

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LC02283

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - GREEN JOBS FOR DEMAND SIDE

MANAGEMENT PROGRAM

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     This act establishes the Green Jobs for Demand Side Management Program.

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     This act would take effect upon passage.

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LC02283

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