SB 2664: DLIR; Construction Worker COVID-19 Hazard Pay Program; Appropriation

A BILL FOR AN ACT

Relating to the Construction Worker COVID-19 Hazard Pay Program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the COVID-19 pandemic necessitated unprecedented measures to protect public health and safety within the State.  Pursuant to the governor's emergency proclamations relating to the pandemic, beginning with the initial proclamation on March 4, 2020, and subsequent supplementary proclamations, certain industries and workers were designated as essential to maintain critical infrastructure and services.

     The legislature further finds that the construction industry and its workers were consistently designated as essential throughout the emergency periods declared under the proclamations.  During the declared emergency periods, construction workers performed duties crucial for the State's infrastructure, including work on numerous state and federally funded projects, often under conditions that presented potential health risks due to exposure to COVID-19.

     The legislature recognizes the vital contributions and potential hazards faced by essential construction workers who maintained operations during the declared public health emergencies.

     Accordingly, the purpose of this Act is to establish a five-year program within the department of labor and industrial relations to provide a one-time hazard pay bonus to eligible construction workers in recognition of and as compensation for the crucial duties performed and the risks undertaken by them during the COVID-19 pandemic.

     SECTION 2.  This Act shall be known and may be cited as the "Construction Worker COVID-19 Hazard Pay Program Act".

     SECTION 3.  (a)  The department shall establish a construction worker COVID-19 hazard pay program.  A construction worker is eligible for a one-time hazard pay bonus under the program if an individual:

     (1)  Was a construction worker during the eligible period;

     (2)  Performed eligible construction work in the State for a minimum of five hundred hours during the eligible period;

     (3)  Provides verifiable proof of employment and hours worked performing eligible construction work during the eligible period, such as pay stubs, employer verification letters, or other documentation deemed sufficient by the department; and

     (4)  Submits a complete application form to the department within the timeframe established pursuant to subsection (c).

     (b)  Under the program, eligible construction workers may receive a one-time hazard pay bonus of $20,000, less applicable state and federal taxes.  No eligible construction worker shall receive more than one payment under the program, regardless of working for multiple employers or during multiple periods within the eligible period.

     (c)  The department shall:

     (1)  No later than January 5, 2027, develop and make publicly available an application form for construction workers to apply to the program;

     (2)  Establish a deadline for application submission; provided that the deadline shall be no earlier than one hundred eighty days after the application forms become publicly available;

     (3)  Review applications, verify eligibility of applicants, and process payments to eligible construction workers;

     (4)  Conduct outreach to inform potential eligible construction workers and applicable employers about the program; and

     (5)  Adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary to implement the program.

     SECTION 4.  As used in this Act:

     "Construction worker" means an individual employed in the construction industry who performs labor on a construction job site in the State.  "Construction worker" includes laborers, skilled tradespersons, ironworkers, electricians, plumbers, sheet metal workers, masons, roofers, operating engineers, carpenters, and site supervisors directly overseeing labor performed on construction job sites.

     "Department" means the department of labor and industrial relations.

     "Eligible construction work" means construction work designated as essential under one or more emergency proclamations issued by the governor in response to the COVID-19 pandemic.

     "Eligible period" means the period beginning on May 5, 2020, and ending on May 25, 2023, inclusive.

     "Program" means the construction worker COVID-19 hazard pay program.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the implementation and operation of the construction worker COVID-19 hazard pay program established by this Act; provided that this appropriation shall not lapse at the end of the fiscal biennium for which the appropriation is made; provided further that all moneys from the appropriation unencumbered as of June 30, 2031, shall lapse as of that date.

     The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

     SECTION 6.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 7.  This Act shall take effect on July 1, 2026, and shall be repealed on June 30, 2031.

Report Title:

DLIR; Construction Worker COVID-19 Hazard Pay Program; Appropriation

Description:

Requires the Department of Labor and Industrial Relations to establish and administer the Construction Worker COVID-19 Hazard Pay Program.  Appropriates funds to pay eligible construction workers a one-time payment in recognition for essential labor performed during the COVID-19 pandemic.  Sunsets 6/30/2031.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.