Background
The Portland Clean Energy Community Benefits Fund (PCEF) invests in projects that address climate change and advance racial justice. PCEF projects are funded through grants to non-profit organizations. Grantees may partner with private, public, or other non-profit organizations to implement their projects.
Ensuring that opportunities in the clean energy field are inclusive of people of color, women, people with disabilities, and other historically marginalized and under-represented populations is central to this work. To support this objective, PCEF makes investments in workforce and business development and also requires that workforce and contractor equity standards be met when implementing PCEF funded climate projects.
Contractor Payment
Contractors shall be paid within 30 days of billing, and contractors shall agree to pay subcontractors within 30 days of billing.
Wage Requirements
By law, payments for work funded by PCEF must be at least 180 percent of the relevant state minimum wage. PCEF’s wage requirement applies to workers that are paid by the grantee as well as workers paid by contractors and subcontractors of the project, including, for example, office staff.
For projects with construction budgets (hard and soft costs) that include PCEF funds equal to or greater than $350,000 at a single site there is an additional wage requirement of prevailing wage payment to workers in trades for which a prevailing wage is defined, excluding projects with privately owned, predominantly affordable residential housing construction. Definitions for this requirement are as follows:
- Prevailing wage refers to industry-specific wage and fringe benefit standards required by law on certain types of construction projects. Oregon’s prevailing wage rate (PWR) law is administered by the Bureau of Labor and Industries (BOLI).
- “Affordable housing” means the occupants’ incomes are no greater than 60 percent of the area median income, or no greater than 80 percent if the occupants are owners.
- “Predominantly” for affordable housing means at least 60 percent of the project is designated for affordable housing.
- “Residential” means no more than four stories in height and no commercial space. (ORS 279C.810(2)(d); OAR 839-025-0100(1)(e)).
Inclusive Workforce and Contracting
PCEF is designed to ensure that job and contracting opportunities on PCEF-funded projects are inclusive of populations historically underrepresented in this field including women, people of color, people with disabilities, and people who are chronically underemployed. Projects that include physical improvements related to energy efficiency, renewable energy, regenerative agriculture, and/or green infrastructure (e.g., weatherization, solar installation, site improvements, tree planting, farming) are required to develop strategies and goals regarding recruitment and utilization of PCEF priority populations on their project. See examples of effective strategies for inclusive workforce and contracting.
Reporting
Reporting is essential to ensure that goals for inclusive contracting and workforce are being met. Contractors and subcontractors are responsible for reporting contractor and workforce utilization and payment quarterly – either through PCEF’s online reporting platforms or by using PCEF reporting templates (depending on contract size and platform availability). Access to the PCEF online platforms (B2G and LCP Tracker) and training on use of the platforms are available at no cost to grantees, contractors, and subcontractors.
Safe and Respectful Jobsite Trainings
All workers have the right to a safe and respectful jobsite. To support this goal, PCEF requires that grantees and the workers and frontline supervisors working on the project’s construction-related improvements complete a PCEF-sponsored or PCEF-approved Safe and Respectful Worksite training (aka Positive Jobsite training). Examples of construction-related improvements include weatherization, installation of solar, and building a shed. An exemption is allowed for contractors/workers that will be working a total of less than 40 hours on the grant funded project.
PCEF-sponsored trainings are available at no cost to the grantee, contractors, subcontractors, and employees on the project. In general, trainings should be delivered prior to or at the beginning of the construction project. To request a training, please contact 503-823-7713 or cleanenergyfund@portlandoregon.gov.
Safe and Respectful Jobsite Policy
All employers in Oregon are required to have a policy to prevent and address specific types of unlawful discrimination and sexual assault. An employer is an organization with one or more employees. Complementing state law, PCEF requires that all employers working on a PCEF-funded project that includes construction or physical improvements to a building or site must have a Safe and Respectful Jobsite Policy and make the Policy available to workers and staff. This includes contractors, subcontractors, and grantees if self-performing. At a minimum, the policy must include the following:
- Immediate reporting of any threatening act of hate to the appropriate authorities.
- Documentation of the hate, intimidation, or harassment incident – for example, take a photo, time-stamp, collect names of witnesses, etc.
- Internal procedures for:
- investigation of the act of hate, intimidation, or harassment (e.g., who, how, what)
- response (e.g., clear chain of command, shut-down protocols, accountability and compliance measures including reporting incidents and outcomes, timeframe and process for removal of hate crime symbols)
- support and protection of impacted workers and whistleblowers (e.g., how leadership will report back on steps taken to address the incident, how workers will be protected against retaliation, where workers can go for support, and anti-retaliation policy and training).
- Immediate notification of PCEF staff of any activity that can be considered an act of hate, intimidation, or harassment.
PCEF has created a Safe and Respectful Jobsite Policy Template that organizations may adapt.
Right to Organize
Federal Law protects the right of workers to organize. PCEF grant recipients, contractors, and subcontractors shall not oppose worker efforts to organize nor shall they retaliate or otherwise create a hostile environment to workers who choose to engage in collective conversations or action regarding workplace issues. Additional information about this law can be found at this link.
Posting Requirements
PCEF-furnished information about workers’ rights on PCEF funded projects shall be posted at PCEF funded jobsites, with some exceptions for single-family residences and residences with less than five units. Wallet cards with the information shall also be made available to workers. To request wallet cards contact 503-823-7713 or cleanenergyfund@portlandoregon.gov.
Brief Partnership Survey
Participation in a brief survey is required in order to help PCEF staff identify program modifications or capacity building resources that may support equitable and effective partnership between grantees and contractors. Results are anonymous.
Additional Resources
- Bureau of Labor and Industry (BOLI)
- Information about safety
- Information related to apprenticeships
- If you have questions about these requirements please contact 503-823-7713 or cleanenergyfund@portlandoregon.gov.