DE-FOA-0003195 -- Required Community Benefits Plan Template.docx

REQUIRED USE -- Community Benefits Plan Template for Funding Opportunity Announcement (FOA) Number: DE-FOA-0003195 Bipartisan Infrastructure Law (BIL) – Grid Resilience and Innovative Partnerships (GRIP) Applicant should insert here:

Organization Name Topic Area Number - Project Title

Instructions for Use of this Template:

The purpose of this document is to summarize the specific objectives the Applicant is committing to in its Community Benefits Plan (CBP).

Important information about using this template:

· The instructional textboxes within each section can be removed when submitting the application. The information below the instructional textboxes is intended to provide examples of commitments that may be relevant to each section, proposed project, or program. Not all information provided may apply.

· All information included in this CBP Template must be consistent with other parts of the application. The CBP should accurately define the work that is planned and the progress that will be expected throughout the project to be achieved.

· Wherever possible, the objectives laid out in the CBP should be in quantifiable terms with SMART milestones: Specific, Measurable, Achievable, Relevant, and Timely – and include timelines. The Community Benefits Plan may include multiple milestones but should have at least one SMART milestone per budget period as well as one SMART end of project goal.

· The information provided in the Community Benefits Objectives and Outcomes (CBOO) summary table in the final section should be consistent with the commitments made throughout the CBP Template and broader application.

· By submitting this form, Applicant acknowledges and agrees that the information provided may be distributed or made publicly available, without any restrictions or obligations to maintain confidentiality, as required by applicable laws, rules and regulations. If Applicant wishes to protect proprietary or trade secret information submitted with this CBP Template, every line and paragraph containing such information must be clearly marked as “CONFIDENTIAL” and designated with double brackets or highlighting to indicate the confidential information.

A. General Project InformationInstructions: This section asks for the applicant to provide general information on the project, including a high-level description of the CBP and how it integrates with the project, including critical information on the construction components, identification of potential risks, and the locations and communities affected. Applicant should also provide a description of the project personnel overseeing the community benefits plan, their qualifications, and time allocated for the activities proposed.

1. High-level description of the CBP and project

Please provide description here.

2. Construction Information

For each planned project location identified in the Location(s) of Work document (included with the application package), please address each of the following:

a. any known construction risks that could cause delays to the schedule, such as availability of skilled workers, permitting delays, materials or supply delays, etc.:

b. potential public and worker health and safety risks and hazards:

c. known possibilities of labor disruption:

d. plans for coordination among various employers (i.e., prime contractors and subcontractors):

e. plans for resolution mechanism to avoid potential project delays (including issues that may arise among contractors and subcontractors as well as employees):

f. the general contractor or Engineering, Procurement, and Construction contractor, if known:

g. the primary business of the general contractor or EPC contractor:

3. Locations and Communities Affected

For each location identified in the Location(s) of Work document (included in the application package), please identify each known location served or impacted by the project, including:

a. the location(s) of construction or alteration activity listed above,

b. communities geographically near the Applicant’s proposed project,

c. communities that are part of the proposed project’s supply or waste life cycle (e.g., where raw materials are being sourced and where waste is planned to be sent),

d. communities impacted that are Disadvantaged Communities (DACs).[footnoteRef:1] [1: Justice40 directs that 40% of benefits from Covered Programs flow to “disadvantaged communities.” DOE's working definition of “disadvantaged” is based on cumulative burden and includes data for 36 indicators collected at the U.S. Census tract level. See “About Community Benefit Plans: What is a Disadvantaged Community” for more information. ]

Instructions for Sections B through E:

Sections B through E below should summarize the specific objectives the applicant is committing to, broken into specific commitments and tasks.

Wherever possible and relevant, each commitment or task should be stated in quantifiable or measurable terms and SMART (Specific, Measurable, Achievable, Relevant, and Timely) milestones with timelines should be identified. The CBP may include multiple milestones but should have at least one SMART milestone per budget period as well as one SMART end of project goal.

If awarded, the progress towards meeting the objectives and milestones set forth in the CBPs will be included as part of the Go/No-go evaluation.

B. Community and Labor Engagement

1. Community and Labor Stakeholders Engaged to DateInstructions: This section should describe the specific stakeholders and organizations already engaged by the project. Examples include local governments, tribal governments, labor unions, and community-based organizations that support or work with disadvantaged communities described in section A3 above.

If the project has received support from any of these stakeholder organizations, describe the nature of the support (e.g., verbal, written, financial, etc.) and commitments that the project has made to the organization that provided the support. For funded projects, funding recipients will be required to report on these activities.

[Example] Name of Organization or Community of Interest Already Engaged:

Type of Engagement (e.g., Meeting, Community-Engaged Project Development, Research & Design, Reporting, Project Decision Making, Community Input, Reporting Back, Technical Assistance, Other):

Date of Engagement:

Outcome of Engagement (e.g., Memorandums of Understanding, Letters of Support, concerns or opposition, ongoing discussion, survey data or other qualitative/quantitative data, other):

2. Community and Labor Stakeholders to be Engaged.

Instructions: This section should list stakeholders that the project has engaged or plans to engage. Examples include local governments, tribal governments, labor unions, and community-based organizations that support or work with DACs described in section A3 above.

For funded projects, funding recipients will be required to report on these activities.

Name of Organization or Community of Interest Engaged:

Type of Engagement (e.g., Meeting, Community-Engaged Project Development, Research & Design, Reporting, Project Decision Making, Community Input, Reporting Back, Technical Assistance, Other):

Frequency of Engagement:

Outcome of Engagement (e.g., Memorandums of Understanding, Letters of Support, concerns or opposition, ongoing discussion, survey data or other qualitative/quantitative data, other):

3. Workforce and Community AgreementsInstructions: This section should identify whether the applicant is committing to negotiate workforce and/or community agreements and what type of agreements the applicant is committing to negotiate. If the applicant is not committing to negotiate any workforce or community agreements, applicant should note that a Workforce Continuity Plan may be required and should refer to the Community Benefits Plan webpage. If applicant has no entries for this section, continue to section 4 below.

A non-exhaustive list of relevant optional examples of workforce and community agreements are listed below. The applicant should modify, add, or delete to reflect the specific agreements committed to. If negotiating multiple agreements, provide this detail for each agreement.

For each agreement:

· The summary should describe the intended parties to the agreement and the intended scope of the agreement in concrete and specific terms.

· List key tasks and sub-tasks involved in finalizing the agreement (Milestones), with associated budget periods.

Agreement A: Good Neighbor Agreement or Community Benefits Agreement Agreement Summary:

Examples of intended scope include:

The community benefits to be delivered, including those for DACs (as discussed in the Justice40 section that follows)

i. Access to jobs and business opportunities for local residents

ii. Investments in training for local workers

iii. Commitments to pay wages and benefits above the required prevailing rates for construction workers

iv. Commitments to pay above average wages and benefits for hourly non-construction workers

v. Remedies for non-compliance

vi. Commitments to make investments in subsidies for caregiving (e.g., childcare subsidies) and/or in transportation services for workers to access the worksite

vii. Other: [Describe] Budget Period to be completed:

Milestones with timelines:

[Example] Agreement B: Collective Bargaining Agreement (pertains to non-construction work) If the project is in the operation phase, a summary of any existing collective-bargaining agreement(s), in specific terms, can be included here. Additionally, a copy of any applicable collective-bargain agreements can be attached to the applicant's CBP.

Agreement Summary:

Examples of intended scope include:

i. Access to jobs and business opportunities for local residents

ii. Investments in training for local workers

iii. Wages, hours, working conditions

iv. Guarantees against strikes, lockouts, and similar job disruptions

v. Effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the agreement

vi. Mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health

vii. Utilization of registered apprentices

viii. Other: [Describe] Budget Period to be completed:

Milestones with timelines:

[Example] Agreement C: Community Workforce Agreement Agreement Summary:

Example of intended scope include:

i. Access to jobs and business opportunities for local residents

ii. Investments in training for local workers (e.g., support of registered apprenticeship programs, contributions to training institutions to assist in the provision of workforce training)

iii. Commitments to make investments in subsidies for caregiving (e.g., childcare subsidies) and/or in transportation services for workers to access the worksite

iv. Commitments to pay upper quintile wages and benefits for the industry

v. Broad recruitment activities, particularly with strategies to reach under-represented demographic groups

vi. Other: [Describe] [Example] Agreement D: Project Labor Agreement or Community Workforce Agreement (pertains to construction work) Agreement Summary:

Examples of intended scope include:

i. Access to jobs and business opportunities for local residents

ii. Investments in training for local workers

iii. Commitments to pay wages and benefits above required prevailing rates for construction

iv. Guarantees against strikes, lockouts, and similar job disruptions

v. Effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the agreement

vi. Provide mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health

vii. Utilization of registered apprentices

viii. Other Budget Period to be completed:

Milestones with timelines:

[Example] Agreement E: Other Type of Agreement Agreement Summary:

Scope:

Budget Period to be completed:

Milestones with timelines:

4. Other Community and Labor Engagement Goals, Commitments, and Milestones Instructions: This section should describe any additional key goals and milestones.

If the applicant is not, at this stage, committing to negotiate any workforce or community agreements, this section should describe the overall goal of community and labor engagement and key milestones, with budget periods and timelines, that will be used to monitor progress toward successful community and labor engagement.

C. Investing in Job Quality and Workforce Continuity

1. Worker Organizing and Collective BargainingInstructions: If the applicant plans to support worker organizing and collective bargaining beyond their legal obligations consistent with the National Labor Relations Act, those commitments should be listed below.

The applicant should add or delete commitments to reflect their specific plan.

Please describe the plan to support worker organizing and collective bargaining related to the following commitments:

[Examples] Commitment C1.1: Commitment to negotiate a Project Labor Agreement (PLA) for construction activity (as summarized above in Section B) Commitment C1.2: Pledge to remain neutral during any union organizing campaigns Commitment C1.3: Intention or willingness to permit union recognition through card check (as opposed to requiring union elections) Commitment C1.4: Intention to enter into binding arbitration to settle first contracts Commitment C1.5: Pledge to allow union organizers access to appropriate onsite non-work spaces (e.g. lunch rooms) Commitment C1.6: Pledge to refrain from holding captive audience meetings[footnoteRef:2] [2: “Captive audience” meetings refer to the practice among employers of meeting with employees during union organizing campaigns to express the employer’s view of the possible negative effects that unionizing may have on the general workforce. Some employers have structured such meetings as mandatory and held them on company property during working hours.]

Commitment C1.7: Other commitments or pledges:

2. Union support

Please list any unions supporting the project and any commitments made to unions that aren’t listed above in C1.

3. Job Quality and Workforce Continuity Instructions: This section should stipulate commitments made regarding wages and benefits, education and training investments, and involvement of workers in health and safety committees. These commitments may also be covered by workforce agreements described in section B.

The applicant should add or delete commitments, provide quantitative values where appropriate, and re-number appropriately to reflect their specific plan.

Funding recipients will be required to report on job creation, wages, and benefits.

Please note that (a) pertains to ongoing operations and production jobs and (b) pertains to construction jobs.

Please describe the applicant’s plan to ensure that jobs created by this project are good quality, to attract and retain a skilled workforce, including the following commitments to wages and benefits, education and training investments, and worker involvement in health and safety:

a. Ongoing Operations and Production Jobs [Examples] Commitment C3a.1: Applicant will provide above-average wages and benefits, benchmarked to industry and occupation reported by BLS:

· The minimum starting wage for production workers is $_____ per hour compared to the [75th or 90th] percentile of $____per hour for the [_______] industry.

· The minimum value of the following benefits offered to hourly workers is

· Health insurance: $_____ per ___

· Retirement contributions: $_____ per ___

· PTO: ____hours per _____

· Paid sick or family leave: _____ days per _____

· Childcare or other caregiving financial assistance: $_________per worker or provision of on/near-site care

· Transportation assistance: $ _________per worker_

· Education/tuition reimbursement or financial contribution: $__________

· Other: $_________per worker___ Commitment C3a.2: Applicant will provide workforce education and training through:

· Establishment of or contribution to labor-management training partnership(s)[footnoteRef:3] [3: For more information on labor-management partnership, see this resource.]

· [Insert minimum number of hours per worker] hours of paid on-the-job training

· Sponsoring registered apprenticeships: [insert goal number of apprentices]

· Covering costs and paid time for professional development and continuing education: [Enter certifications]

· Other:

Commitment C3a.3: Applicant will ensure workers are engaged in the design and implementation of workplace safety and health plans. Specifics include:

· [insert number of hourly workers] will participate in health and safety committee and will be paid [insert time and rate paid] for their time participating.

· Indicate which of the following, if any, the training provided will include:

· worksite safety analysis

· hazard prevention and control

· safety and health training

· anti-harassment and by-stander intervention training

· Other: [Describe]

· Indicate the frequency of these health and safety committee planning meetings will be held.

· Indicate plans for how these safety and health plans will be considered by the company’s management (e.g., when they will be reviewed and by when a decision to incorporate the recommendations will be made).

b. Construction Jobs [Examples] Commitment C3b.1 Applicant commits to pay competitive wage and benefit rates benchmarked against local Davis Bacon prevailing wages as follows:

· %____above posted prevailing wage per hour for base wages

· Health insurance: $_____ per ___

· Retirement contributions: $_____ per ___

· PTO: ____hrs per _____

Commitment C3b.2 Applicant will provide workforce education and training through:

· Utilization of registered apprentices at [insert percentage] of total project labor hours.

Commitment C3b.3: Recipient will ensure highest standards of construction site health and safety, including site free of harassment and discrimination. Specifics include:

· [insert percent] of onsite workers that will have OSHA 30 certification

· [insert percent] of onsite workers that will have OSHA 10 certification

· The training provided will include [indicate which applies]

· worksite analysis

· hazard prevention and control

· safety and health training

· anti-harassment training

· Other: [Describe]_________________

D. Diversity, Equity, Inclusion, and Accessibility Instructions: This section should summarize the applicant’s plan to incorporate diversity, equity, inclusion, and accessibility (DEIA) objectives into the project. A non-exhaustive list of possible commitments is provided below.

Each commitment may include a brief summary of the plan and should enumerate specific elements as sub-commitments below.

The applicant should add or delete commitments to reflect their specific plan.

For funded projects, funding recipients will be required to report on partnerships described.

Commitment D1. The applicant commits to partnering with Minority Business Enterprises, Minority Owned Businesses, Woman Owned Businesses, and Veteran Owned Businesses for contractor support needs.

Please describe your approach to partnering with Minority Business Enterprises, Minority Owned Businesses, Woman Owned Businesses and Veteran Owned Businesses.

Commitment D1.1: [Name of partnership] Summary of scope of work: [insert here] Contract amount: $_____ Overall value of partnership: $_____

Commitment D2. Applicant commits to implementing a plan to reduce barriers and improve access to jobs for local and underrepresented workers, including DAC residents, those with disabilities, returning citizens, opportunity youth, and veterans.

Commitment D2.1: Applicant will partner with quality pre-apprenticeship or apprenticeship readiness programs[footnoteRef:4] to foster improved access for underrepresented workers to career-track training and employment. [4: Explore Pre-Apprenticeship | Apprenticeship.gov See https://www.apprenticeship.gov/employers/explore-pre-apprenticeship]

Please indicate how, if applicable, partnering programs specifically work to improve access for under-represented workers.

Name and description of readiness program(s): [insert here]

· Partnerships and financial contributions to community-based organizations to provide support services to workers or people in relevant training (e.g., childcare supports, transportation vouchers, employability skills training, etc.): [Describe]

Commitment D2.2: Applicant will partner with training and placement programs [other than pre-apprenticeship programs] for underrepresented workers.

Name of training and placement programs: [insert here] Establishing and executing an inclusive recruitment strategy (e.g., a strategy to support broad recruitment for the apprenticeship programs, outreach to community-based organizations that work with prospective workers/apprentices): [Describe]

Commitment D2.3: Applicant will provide ($_____) in supports/subsidies for workers to access affordable, reliable and high-quality childcare, or other types of care.

Description of services: [insert here]

Commitment D2.4: Applicant will provide flexible work schedules.

Description of flexible work schedule program: [insert here]

Commitment D2.5: Applicant will provide of ($_____) in transportation assistance to and from work and training sites.

Description of assistance provided, including any cost to employee, contractor, or trainee: [insert here]

Commitment D2.6: Applicant will provide emergency cash assistance for items such as tools, work clothing, etc.

Commitment D2.7: Applicant will hire local, disadvantaged, or underrepresented workers for % [insert percent] of construction work hours.

Commitment D2.8: Applicant will adopt local and economic hiring preferences as follows: [insert description here]

E. Justice40 Initiative Instructions: This section should reflect the Justice40 benefits and plan for identifying and mitigating any anticipated negative impacts on DACs. Justice40 benefits are grouped by category of benefit, with space to add additional benefits for benefits that do not fit in categories provided.

For each benefit, the applicant should indicate:

· which DAC is to benefit;

· how and when planned or anticipated benefits are expected to flow to communities;

· SMART milestones to indicate progress toward benefit delivery;

· metrics to be used to track and report on benefits; and

· community-based organizations involved in identifying, negotiating, or delivering benefits.

The applicant should add or delete commitments (and re-number accordingly) to reflect their specific plan.

E.1. A decrease in energy burden (energy costs for low-income households) Benefit E1.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Unanticipated barriers and strategies to address barriers:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.2. A decrease in environmental exposure and burdens Benefit E2.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.3. An increase in access to low-cost capital Benefit E3.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.4. An increase in quality job creation, the clean energy job pipeline, and job training for individuals This section should clarify any quality jobs-related commitments that are specific to a DAC and are distinct from more general quality jobs commitments noted in section C or D above.

Benefit E4.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.5. Increases in clean energy enterprise creation and contracting (e.g., minority-owned or diverse business enterprises) Benefit E5.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.6. Increases in energy democracy, including community ownership of project assets Benefit E6.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.7. Increased parity in clean energy technology access and adoption Benefit E7.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.8. An increase in energy resilience Benefit E8.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.9. Other: Please identify additional, measurable benefits here.

Benefit E9.1: [Description of benefit]

· DAC that will benefit:

· How benefit will be delivered (e.g., direct or indirect, who will deliver):

· When benefit will be delivered:

· Milestones toward benefit delivery:

· Metrics to track and report on benefits:

· Community-based organization(s) involved in identifying or negotiating benefit or developing plan for benefit delivery:

E.10. Anticipated or potential negative environmental impacts Instructions: This section should summarize anticipated environmental impacts on DACs, including projects geographically near the project or directly affected by project construction or operations, as well as known impacts upstream (in the supply chain, e.g., raw material extraction) or downstream (e.g., waste disposal).

This section should also summarize the applicant’s plan to monitor and mitigate negative impacts.

F. Summary Table: Community Benefits Outcomes and Objectives Instructions: This section should be filled in to reflect the commitments and relevant time-based milestones covered throughout this document.

The applicant should add or delete rows and columns so the table summarizes commitments and timelines from sections above. Red text indicates examples and should be deleted or modified to reflect applicant’s plan. The following items should not be included in the CBOO:

· Specific dates (only include general time frames (i.e. Demonstrate XYZ result by Month 3, not Demonstrate XYZ by June 8th, 2013).

· Subcontractors, vendors or individuals by name. The award is with the prime and, as such, the CBOO should not generally reference the subcontractors.

Community and Labor Engagement

☐ Not at this time

☐ Not at this time

☐ Not at this time

[Other community and labor engagement commitments, e.g. # and type of engagements, etc.] (applicant should take note if there is a requirement for Workforce Continuity Plan)

☐ Not at this time (If “Not at this time”, please provide an explanation in this cell).

Number of Construction phase jobs: [#]

☐ No

☐ Contributions to retirement ☐ Transportation assistance ☐ Childcare assistance

☐ Utilization of registered apprentices for at least 15% of construction jobs ☐ Paid training ☐ Tuition support or reimbursement

☐ Not at this time

☐Pledge to permit union recognition through card check ☐ Intention to enter into binding arbitration to settle first contracts ☐ Pledge to allow union organizers access to appropriate onsite non-work spaces (e.g. lunch rooms) ☐ Pledge to refrain from holding captive audience meetings[footnoteRef:5] [5: “Captive audience” meetings refer to the practice among employers of meeting with employees during union organizing campaigns to express the employer’s view of the possible negative effects that unionizing may have on the general workforce. Some employers have structured such meetings as mandatory and held them on company property during working hours.]

Other Job Quality and Workforce

☐ MWBE contracting ☐ Partner with quality pre-apprenticeship or apprenticeship readiness program[footnoteRef:6] [6: Explore Pre-Apprenticeship | Apprenticeship.gov https://www.apprenticeship.gov/employers/explore-pre-apprenticeship]

Partnerships with community-based organizations and ed/training providers for workforce needs planned.

Other DEIA

Justice40 Initiative

Other Justice40