SB93 - Establishes certain labor standards for the award of grants of federal money by a state agency for certain purposes. (BDR 18-556)

- 83rd Session (2025) Senate Bill No. 93–Senator Daly CHAPTER.......... AN ACT relating to broadband; establishing certain requirements for a state agency that awards grants of federal money for the development of broadband services and infrastructure; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes the Office of Science, Innovation and Technology in the Office of the Governor and requires: (1) the Director of the Office to establish and administer a program of infrastructure grants for the development or improvement of broadband services for persons with low income and persons in rural areas of this State; and (2) the Office to establish and administer a program to encourage the deployment of broadband infrastructure in underserved communities in this State. (NRS 223.600, 223.610, 223.670) Section 2 of this bill sets forth a legislative declaration regarding the importance of using a well-trained workforce and providing jobs to residents of this State in expending federal money to increase the development of broadband services and infrastructure in this State. Section 3 of this bill requires each state agency that awards grants of federal money for the development of broadband services and infrastructure to: (1) evaluate and assign a score to each grant application received by the state agency based on the factors and relative weights assigned to each factor that the state agency specified in the request for grant applications; and (2) assign a relative weight of 30 percent to a grant application if the applicant submits a signed certification with his or her application. Section 3 provides that the applicant must certify that if the applicant or the provider of broadband services will perform some or all of the work or will subcontract some or all of the work to a licensed contractor, the applicant, provider or contractor: (1) is able to provide certain documentation upon request, meets certain safety and training requirements, provides job opportunities with high-quality wages and employs a qualified local workforce; or (2) is a signatory to a collective bargaining agreement that covers all non-supervisory employees directly employed by the applicant who will perform any work financed in whole or in part by the grant money. Section 3 further requires each state agency to include as a condition of any grant award that: (1) the certification provided by the applicant is binding upon the applicant that is awarded the grant money; and (2) if an applicant, provider of broadband services or contractor performs certain work that requires a contractor’s license, certain provisions of law governing public works apply to the work performed by the subcontractor. Lastly, section 3 authorizes any state agency that awards a grant of federal money for the development of broadband services and infrastructure pursuant to section 3 to adopt regulations to carry out the provisions of section 3. – 2 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act. Sec. 2. The Legislature finds and declares that: 1. The State of Nevada is poised to see a once-in-a-generation wave of federal money resulting from the passage of the Infrastructure Investment and Jobs Act, Public Law 117-58, and the American Rescue Plan Act of 2021, Public Law 117-2, which will help to close the digital divide and increase the development of broadband services and infrastructure across the State; 2. The State of Nevada needs to ensure that this historic investment creates long-lasting broadband infrastructure that is built by a well-trained workforce; 3. Work performed by an unqualified contractor with a poorly trained workforce endangers the public and is not in the best interest of the citizens of this State; and 4. Proper stewardship of public money will require that the State of Nevada implement appropriate measures to ensure that any grants of federal money awarded by this State for the development of broadband services and infrastructure prioritize issuing grants to applicants that will ensure the work is performed safely and by a well-trained workforce and that the applicant provides quality jobs to Nevada workers. Sec. 3. 1. In awarding any grant of federal money for the development of broadband services and infrastructure in accordance with federal law, each state agency shall: (a) Evaluate and assign a score to each application for the grant received by the state agency based on the factors and relative weights assigned to each factor that the state agency specified in the request for grant applications; and (b) When ranking the proposals, assign a relative weight of 30 percent to an application if the applicant submits a signed certification attesting that the applicant meets the requirements of paragraph (a) or (b) of subsection 2. 2. An applicant for a grant of federal money for the development of broadband services and infrastructure shall submit to a state agency with the application for the grant a signed statement certifying that: (a) If the applicant: – 3 – - 83rd Session (2025) (1) Will perform some or all of the work that is financed in whole or in part with the grant money or if such work will be performed by a provider of broadband services, the applicant or provider, as applicable, meets the requirements set forth in paragraph (b) or (c); and (2) Will subcontract some or all of the work that is financed in whole or in part with the grant money, the subcontractor meets the requirements set forth in paragraph (b) or (c); (b) The applicant, provider of broadband services or contractor, as applicable: (1) Has a training program that is appropriate for the work to be performed by the applicant, provider or contractor, as applicable, and is capable of providing, upon request, documentation that: (I) Demonstrates that the applicant, provider or contractor, as applicable, has the ability and financial means to provide such a training program; (II) Shows that the applicant, provider or contractor, as applicable, has a recruitment policy and an equal opportunity policy; (III) Shows that the applicant, provider or contractor, as applicable, provides, at least twice each year, information concerning the content of the training program and the times at which the training program is offered; and (IV) Demonstrates that the applicant, provider or contractor, as applicable, has actually provided the training program before submitting the application; (2) Requires safety training, including, without limitation, an OSHA-10 course for employees and an OSHA-30 course for supervisory employees, that is appropriate for the work to be performed; (3) Requires work performed by the applicant, provider or contractor, as applicable, that is financed in whole or in part with the grant money will be performed by employees who are directly employed by the applicant, provider or contractor, as applicable, and that such workers will receive high-quality wages that are not less than the appropriate prevailing wage in the region determined pursuant to NRS 338.030 and a health benefit plan for employees, which includes coverage for dependents of an employee; and (4) Employs a qualified local workforce of which not less than 50 percent of employees are residents of this State and conducts a program to promote the hiring of residents of this State; or – 4 – - 83rd Session (2025) (c) The applicant, provider of broadband services or contractor licensed pursuant to chapter 624 of NRS that will perform some or all of the work is a signatory to a collective bargaining agreement that covers all non-supervisory employees directly employed by the applicant, provider or contractor, as applicable, who will perform any work financed in whole or in part with the grant money. 3. Any certification submitted by an applicant for a grant pursuant to subsection 2 must be made available on the Internet website of the state agency which awarded the grant. 4. In addition to the requirements of subsections 1 and 2 and except as otherwise provided in federal law, each state agency shall require as a condition of any grant of federal money for the development of broadband services and infrastructure in accordance with federal law that is awarded by the state agency that: (a) Any certification provided by the applicant pursuant to subsection 2 is binding upon the applicant who is awarded the grant money; and (b) If an applicant, provider of broadband services or contractor performs any work that requires a contractor’s license issued pursuant to chapter 624 of NRS and is financed in whole or in part with the grant money, the provisions of NRS 338.020 to 338.090, inclusive, shall apply. 5. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular grant because of the provisions of this section, the provisions of this section do not apply insofar as their application would preclude or reduce federal assistance for that work. 6. Any state agency that awards a grant of federal money for the development of broadband services and infrastructure pursuant to this section may adopt regulations to carry out the provisions of this section. 7. As used in this section: (a) “Health benefit plan for employees” means a health benefit plan that is provided by an employer to an employee which arranges for the payment of, payment for or reimbursement of any of the costs of health care services. (b) “OSHA-10 course” means a 10-hour course developed by the Occupational Safety and Health Administration of the United States Department of Labor. (c) “OSHA-30 course” means a 30-hour course developed by the Occupational Safety and Health Administration of the United States Department of Labor. – 5 – - 83rd Session (2025) (d) “State agency” means every public agency, bureau, board, commission, department, division, officer or employee of the Executive Department of the State Government. (e) “Supervisory employee” has the meaning ascribed to it in NRS 618.967. Sec. 4. (Deleted by amendment.) Sec. 5. 1. This section becomes effective upon passage and approval. 2. Sections 1 to 4, inclusive, of this act become effective: (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) On January 1, 2026, for all other purposes. 20 ~~~~~ 25