Oregon Revised Statutes Chapter 469 § 469.629 — Contract labor standards for offshore wind energy and port development

Contract labor standards for offshore wind energy and port development projects; workforce development agreement; use of public moneys; compliance; rules. (1) As used in this section: (a) “Covered project” means: (A) An offshore wind energy project. (B) A port development project necessary for the development of an offshore wind energy project. (C) A project related to manufacturing or supply chain that is located on port property and facilitates the construction, operation or maintenance of an offshore wind energy project. (b) “Lockout” means any refusal by a developer or contractor to permit workers to work as a result of a labor dispute with such workers. (c) “Port” means a port formed under ORS 777.005 to 777.725 and 777.915 to 777.953 or ORS chapter 778. (d) “Public moneys” means moneys drawn from the State Treasury or any special or trust fund of the state government, including any moneys appropriated by the state government and transferred to any public body, as defined in ORS 174.109. (2) A developer or contractor that is involved in the construction, operation or maintenance of a covered project shall: (a) Participate as a training agent, as defined in ORS 660.010, in an apprenticeship program registered with the State Apprenticeship and Training Council to provide on-the-job training opportunities for apprentices in apprenticeable occupations to perform work on the covered project such that at least 15 percent of the work hours of each apprenticeable occupation is performed by apprentices; (b) Establish and execute a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work on the covered project, 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) Pay wages to workers who perform work on the covered project at a rate that is no less than the greater of: (A) The living wage for the locality or region where the work is performed; (B) The prevailing rate of wage that the Commissioner of the Bureau of Labor and Industries determines under ORS 279C.815 for the trade or occupation in the locality where the work is performed; (C) The minimum wage specified under the Service Contract Act (41 U.S.C. 351-401) for the work, or similar work, in the locality where the work is performed; or (D) The wage specified under an applicable collective bargaining agreement, if any; (d) Offer employer-paid family health insurance and retirement benefits to workers who perform work on the covered project; (e) Demonstrate a history of material compliance in the previous three years, or provide available history for a new business, with federal and state wage and hour laws; and (f) Demonstrate a history of material compliance in the previous three years, or provide available history for a new business, with the rules and other requirements of state agencies with oversight regarding occupational safety and health. (3)(a) A developer or contractor that is involved in the construction, operation or maintenance of a covered project shall require, in each contract entered into under the covered project that uses $250,000 or more in public moneys, that steel, iron, coatings for steel and iron and manufactured products that a developer or contractor purchases for or uses under the contract, and that become part of a permanent structure, must be produced in the United States. (b) The requirements set forth in paragraph (a) of this subsection do not apply if: (A) The requirement is inconsistent with the public interest; (B) Steel, iron, coatings for steel and iron or manufactured products required for the covered project are not produced in the United States in sufficient and reasonably available quantities and with satisfactory quality; or (C) Using steel, iron, coatings for steel and iron or manufactured products produced in the United States for the project will increase the cost of the covered project by more than 25 percent. (4) The developer or contractor shall periodically submit proof of compliance with the requirements described in subsections (2) and (3) of this section. A copy of an executed workforce development agreement, as described in subsection (5) of this section, may be submitted as proof of compliance and shall be prima facie proof of compliance. (5) A developer or contractor may comply with the requirements described in subsections (2) and (3) of this section by entering into a workforce development agreement that covers the work performed on the covered project. The workforce development agreement must provide for and include, at a minimum, the following: (a) A project labor agreement, as defined in 48 C.F.R. 52.222-34, as in effect on March 27, 2024. The project labor agreement must cover all workers who perform work on the covered project who are covered by the Davis-Bacon Act (40 U.S.C. 3141 et seq.). Th