38599.10.
For purposes of this part, the following definitions apply:(a) “Access” means that an individual who lives in a disadvantaged or low-income community could reasonably access all services and resources needed to compete for a job, including overcoming barriers to employment or attaining a high-quality job.
(b) “Administering agencies” means state agencies administering grant programs funded by moneys from the Greenhouse Gas Reduction Fund.
(c) “Applicant” means the entity applying for resources from the Greenhouse Gas Reduction Fund.
(d) “Community workforce agreement”
means a project labor agreement that includes a targeted hire plan.
(e) “Contractor” means individuals identified pursuant to Section 3353 of the Labor Code.
(f) “Disadvantaged, tribal, and low-income communities” means communities identified pursuant to Section 39713 and members of a Native American group.
(g) “Employee” means individuals identified pursuant to Sections 3351 to 3352.94, inclusive, of the Labor Code.
(i) “Employer” means the entity or individual who compensates an employee.
(j) “Greenhouse Gas Reduction Fund” means the fund created pursuant to Section 16428.8 of the Government Code.
(k) “High-quality job”
means a job that facilitates economic mobility by providing retirement benefits, vacation and sick leave, training opportunities, and wages at or above the average median wage of a region.
(l) “Job” means each individual person who is fully or partially considered an employee.
(m) “Labor agency” means the Labor and Workforce Development Agency.
(n) “Prevailing wage” means the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft, classification, or type of work within the locality of a project and in the nearest labor market area.
(o) “Procurement” means a process by which an entity solicits competitive bids for a project or service.
(p) “Project labor agreement” means a collective bargaining agreement between the applicant and one or more labor organizations that establishes the terms and conditions of employment for a specific project.
(q) “Retirement benefits” means an employer-provided retirement plan that is partially or fully paid for by the employer.
(r) “Targeted hire plan” means a strategy from the applicant to demonstrate how they will create jobs for disadvantaged, tribal, and low-income communities, and how they will ensure access to those jobs.
38599.11.
(a) By July 1, 2023, the labor agency shall work with the state board to update the funding guidelines to administering agencies to ensure that all applicants to grant programs funded by the Greenhouse Gas Reduction Fund meet the following standards:(1) Fair and responsible employer standards, defined as documented compliance with applicable labor laws and labor-related commitments concerning wages, workplace safety, rights to association and assembly, and nondiscrimination standards.
(2) Inclusive procurement policies, meaning applicant procurement policies that prioritize bids from entities that demonstrate the creation of high-quality jobs or the creation of jobs in
disadvantaged, tribal, and low-income communities, or both the creation of high-quality jobs and creation of jobs in those communities.
(3) Prevailing wage for any construction work funded in part or in full by the grant.
(b) Applicants seeking funding for construction projects over one million dollars ($1,000,000) shall provide evidence of a community workforce agreement.
(c) Administering agencies shall give preference to applicants that demonstrate a partnership with an educational institution or training program targeting residents of disadvantaged, tribal, and low-income communities in the same region as the proposed project.
(d) Administering agencies shall give preference to applicants that demonstrate that jobs created through the proposed
project will be high-quality jobs.
(e) If an applicant submits information that does not meet the standards established in subdivision (a), the administering agencies shall work with the labor agency to provide guidance to the applicant on how to meet those standards for future grant applications.
(f) Applicants for projects that involve federal funding, technical assistance, and research are exempt from this section.
(g) For the purposes of this section, applicants shall be responsible for ensuring any contractors employed in service to the project funded meet the standards the applicant outlines in their project application.
(h) In implementing this section, the labor agency shall work with administering agencies to leverage existing programs and
funding to assist applicants with meeting these standards.