Tag Archive for California Energy Commission

Unions “Seeking Leverage for a Project Labor Agreement” on Construction of Geothermal Energy Plants in California

Construction trade unions in California are deploying their full arsenal of strategies under the California Environmental Quality Act (CEQA) to block the construction and operation of geothermal energy generating facilities by Ormat Technologies, a “leading geothermal company and the only vertically-integrated company in the geothermal and recovered energy power business.”

It’s another example of union “greenmail” to exploit environmental laws in pursuit of labor agreements and other economic concessions unrelated to environmental protection.

As stated by Ormat Technologies on page 1 of its response to a 2011 complaint to the California Energy Commission from California Unions for Reliable Energy (CURE), the unions are “seeking leverage for a project labor agreement.” Or as stated by its representative at a subsequent September 26, 2011 hearing of the California Energy Commission, “‘Let me guess. Ormat doesn’t have a Project Labor Agreement.’ That’s why we’re here.”

Here are some of the recent projects in which construction unions have attempted to interfere with Ormat Technologies’ proposed and operating geothermal energy generation plants.

Hudson Ranch II Geothermal Plant – Imperial County

As reported in the minutes of the Imperial County Planning Commission meeting on September 12, 2012, the law firm of Lozeau Drury submitted a “huge comment letter…five minutes before the meeting” on behalf of the Laborers Union (LIUNA) Local No. 1184 objecting to the Final Environmental Impact Report for the Hudson Ranch II Geothermal Plant. After the Planning Commission (and county staff) approved the project, the union appealed the decision to the Imperial County Board of Supervisors, which rejected the appeal and approved the project. 

News Coverage of Union Environmental Objections:

County Planning Commission Approves Hudson Ranch II Geothermal PlantImperial Valley Press – September 12, 2012

Christina Caro, attorney for the Laborers International Union of North America came in opposition of the project. “Injection of geothermal brine has the potential to cause seismic activities,” she said. The project can also cause discomfort to local communities, animals such as horses and cattle, said Caro while alleging that mitigation was insufficient…

LIUNA’s comments were addressed as well, first by commissioner Dennis Bergh who said no evidence correlating brine extraction and seismic activity has been recorded. Willis also defended the EIR. “This document (EIR) does address each one of (the) issues and meets (California Environmental Quality Act) adequacy,” she said.

Hudson Ranch II Geothermal Plant ApprovedImperial Valley Press – October 24, 2012

Hudson Ranch II, a 49-megawatt geothermal plant set for Niland, was approved for development despite an appeal from the Laborers International Union of North America…

Both plants are expected to create dozens of jobs and bring millions of dollars in revenue to the county. And yet, the laborers’ union and two Imperial County residents appealed to the Planning Commission what they said were various environmental issues such as hydrology, loss of agricultural land and perhaps most important, compliance to the California Environmental Quality Act.

The laborers’ union is in support of renewable energy projects, union attorney Christina Caro said. However, she said her clients support those projects as long as they are done in an environmentally responsible manner.

Casa Diablo IV Development Project – Mono County

As I reported in my blog post Environmental Lawyers Make Long Trek to Mono County to Block Geothermal Energy Projects so Unions Can Get a Project Labor AgreementCalifornia Unions for Reliable Energy (CURE) and the Laborers Union (LIUNA) Local No. 783 objected on environmental grounds in the fall of 2012 to construction of a geothermal power plant in Mono County. CURE was represented by the law firm of Adams Broadwell Joseph & Cardozo, and the Laborers Union is represented (now through a lawsuit, Concerned Bishop Residents v. County of Mono) by the law firm of Lozeau Drury.

News Coverage of Union Environmental Objections:

County Gives Thumbs Up to Geothermal Plant Expansion – Mammoth Times – November 16, 2012

The Mono County Board of Supervisors soundly rejected an appeal of a plan to expand the Casa Diablo geothermal plant Tuesday, after two out of area (mostly) union advocacy groups appealed the project during an almost five-hour public hearing. It’s the second time the groups have been in Mono County in the past few months…

The supervisors and county staff, one after the other, threw water on the groups’ claims that the environmental analysis done by the county was not adequate.

“It’s illuminating to me that the air district didn’t have a problem with this, yet you do,” said Supervisor Larry Johnston, when one group, called Californians For Reliable Energy, or CURE, said the expansion of the plant would create hazardous ozone pollution.

Union Advocacy Group Sues Over Geothermal Plant ProjectMammoth TimesJanuary 11, 2013

The lawsuit follows hard on the heels of several other actions from LIUNA and another union advocacy group called California Unions for Reliable Energy (CURE). The two groups have been involved in commenting on and/or challenging the environmental review planning process for the past few years, making extensive comments about the inadequacy of the EIR, and appealing the Mono County Planning Commission’s and, the Mono County Board of Supervisor’s approval of the project.

The county has been critical of the tactics of the union groups in the past, calling it “greenmail,” wherein a group uses the pretext of environmental concerns about a proposed renewable energy project to try to gain construction work for its union members.

North Brawley and East Brawley Geothermal Developments – Imperial County (Ormat Technologies)

On June 28, 2011, the law firm of Adams Broadwell Joseph & Cardozo submitted a “Verified Complaint and Request for Investigation” on behalf of California Unions for Reliable Energy (CURE) to the California Energy Commission. The complaint claimed that Ormat Technologies was trying to evade the licensing jurisdiction of the California Energy Commission by breaking up a single geothermal development into smaller pieces that fall below the 50 megwatt minimum threshold for CEC involvement. The North Brawley project was already built and operating when this complaint was filed, and the East Brawley project had been in the permitting process in Imperial County for three years.

The California Energy Commission rejected the complaint and then rejected a petition for reconsideration. See the full CEC docket for this proceeding: Complaint against Ormat Nevada, Inc. by California Unions for Reliable Energy.

CURE sued the California Energy Commission in Alameda County Superior Court to vacate its decision. After a court hearing in August and another in November, the court ruled against California Unions for Reliable Energy (CURE) on November 15, 2012.

The case is California Unions for Reliable Energy v. State of California State Energy Resources (the official name of the California Energy Commission), Ormat Nevada, Inc. as Real Party in Interest, case number RG12610669. Here’s a summary of the case from Ormat Technologies’ quarterly report for the first quarter of 2012 filed with the U.S. Securities and Exchange Commission

On January 4, 2012, the California Unions for Reliable Energy (“CURE”) filed a petition in the Alameda Superior Court, naming the California Energy Commission (“CEC”) and the Company as defendant and real party in interest, respectively. The petition asks the Court to order the CEC to vacate its decision which denied, with prejudice, the complaint filed by CURE against the Company with the CEC. The CURE complaint alleged that the Company’s North Brawley project and East Brawley project both exceed the CEC’s 50 MW jurisdictional threshold and therefore are subject to the CEC licensing authority rather than the Imperial County licensing authority. In addition, the CURE petition asks the Court to investigate and halt any ongoing violation of the Warren Alquist Act by the Company, and to award CURE attorney’s fees and costs. As to North Brawley, CURE alleges that the CEC decision violated the Warren Alquist Act because it failed to consider provisions of the County permit for North Brawley, which CURE contends authorizes the Company to build a generating facility with a number of Ormat Energy Converters (“OECs”) capable of generating more than 50 MW. As to East Brawley, CURE alleges that the CEC decision violated the Warren Alquist Act because it failed to consider the conditional use permit application for East Brawley, which CURE contends shows that the Company requested authorization to build a facility with a number of OECs capable of generating more than 50 MW.

The Company believes that the petition is without merit and intends to respond and take necessary legal action to dismiss the proceedings. The parties have filed briefs in the proceeding, and the matter is set for hearing. The filing of the petition in and of itself does not have any immediate adverse implications for the North Brawley or East Brawley projects and the Company continues to operate the North Brawley project in the ordinary course of business and is proceeding with its development work on the East Brawley project.

So Ormat Technologies (and the California Energy Commission and Imperial County) won this round, but the union harassment using environmental laws will continue.

Sierra Club Seeks Accountability for Union Claims about Project Labor Agreement Imposed on Proposed Hydrogen Energy Power Plant in Kern County, California

Whether or not you agree with the vision and political agenda of the Sierra Club California, most people in politics would acknowledge that this group’s objections to proposed projects and activities under the California Environmental Quality Act, or CEQA (California Public Resources Code Section 21000 et seq. are genuinely based on environmental concerns. In other words, they don’t seek some kind of unrelated economic payoff from the project developer under the guise of environmental activism: they ARE environmental activists.

Sometimes the Sierra Club and other legitimate environmental groups find themselves on the same side with California Unions for Reliable Energy (CURE) or other coalitions of unions in opposing proposed projects. Surely this is an awkward relationship, because those unions will fight viciously on environmental grounds until they get their Project Labor Agreement or other union agreement. Then they suddenly announce that their environmental issues have been adequately addressed, and they SUPPORT the project, thus turning on the real environmental groups.

The awkwardness in the relationship between labor unions and environmental groups (the so-called Blue-Green Alliance) was revealed as early as 2004, in a Sacramento Bee article (“Pressure by Labor Group Alleged” – Sacramento Bee – September 19, 2004)

Some environmentalists who once welcomed CURE’s involvement now question its motives.

Sierra Club lobbyist V. John White once told the Contra Costa Times that CURE raises “valid issues and (moves) those issues forward.”

Interviewed for this story, White said he still thinks CURE has “done some good things.” But he’s troubled that CURE attacked an Imperial County geothermal plant [the Salton Sea Unit 6 Geothermal Power Plant, later called the Black Rock 1, 2, and 3 Geothermal Power Project – ed.] for which he has lobbied, a project designed to produce renewable energy from underground reservoirs of steam.

“They added costs and significantly delayed it, and the reasons had little to do with the environment,” White said.

Sierra Club Questions Claims of Project Labor Agreement Imposed on Proposed Hydrogen Energy California (HECA) Power Plant

The Sierra Club has long been concerned about the proposed Hydrogen Energy California (HECA) Power Plant, what it calls a “complicated and controversial project” near Buttonwillow in rural Kern County. This project has received extra attention because of up to $408 million in funding authorized for the project through the U.S. Department of Energy – much of it from the American Recovery and Reinvestment Act (ARRA), also known as the Obama stimulus package, or H.R. 1 from 2009. The www.Recovery.gov web site has more details about the $90 million in stimulus money already spent on Hydrogen Energy California (HECA), but as stated in this April 22, 2011 Federal Energy Regulatory Commission order on Hydrogen Energy California (HECA):

Hydrogen argues that the United States Department of Energy (DOE) has recognized the project’s importance to the nation and California by providing substantial financial assistance. According to Hydrogen, its project was awarded $308 million in financial assistance on September 28, 2009, in connection with DOE’s Clean Coal Power Initiative and an additional $100 million in financial assistance was added by DOE in September 2010.

Originally the project was planned by a joint venture of British Petroleum (BP) and Rio Tinto, but in 2011 the project was transfered to SCS Energy, based in Concord, Massachusetts (a socio-economic world away from Buttonwillow). In 2012, the Sierra Club became active in exercising its status as an approved intervenor in the California Energy Commission’s licensing process for the proposed Hydrogen Energy California (HECA) power plant. It submitted a letter dated August 2, 2012 to the California Energy Commission questioning numerous aspects of the proposed project and demanding more information.

One of the data requests in the Sierra Club’s August 2 letter on HECA to the California Energy Commission (which must be answered by the applicant for the project approval) questions the claims made about local hiring and employment under the Project Labor Agreement that the project’s prime contractor, Fluor Corporation, claims to have signed with the national Building and Construction Trades Department, AFL-CIO, the State Building and Construction Trades Council of California, and the Kern, Inyo, Mono Counties Building Trades Council.

Project supporters held a press conference with union officials in Buttonwillow on May 31, 2012 to tout the alleged benefits of the Project Labor Agreement. An article in the Bakersfield Californian posted on May 31, 2012 (“Hydrogen Plant Agrees to Union Labor“) reported on the Project Labor Agreement but noted a few less savory aspects of the agreement:

The agreement gives Hydrogen Energy California significant new support as it looks to state agencies for approval. It also takes HECA’s owner, Massachusetts-based SCS Energy, a step further than the previous partners, BP and Rio Tinto, which a project spokeswoman said were in talks with construction unions but never formalized a labor agreement.

A spokesman for the trade group Associated Builders & Contractors Inc. [of Central California in Bakersfield – ed.], Russell Johnson, said the labor agreement was unfortunate because it could raise the project’s costs and “shut out” the 85 percent of California construction firms that are not union shops.

The article did not mention that California Unions for Reliable Energy (CURE) had become an intervenor in the California Energy Commission’s licensing procedure for HECA. Nor did it mention CURE’s reputed history of blocking or delaying approval of proposed power plants using the California Environmental Quality Act (CEQA) until the developer or its agent signed a Project Labor Agreement. As you would expect, California Unions for Reliable Energy has not expressed any concerns about the environmental impact of this 400 megawatt project – that’s so strange considering how adamantly CURE objects to relatively innocuous small solar projects in the San Joaquin Valley!

Obviously the Sierra Club is skeptical about the union propaganda about “local hiring” concerning Project Labor Agreements for energy generation facilities in the San Joaquin Valley of California. Here is the excerpt from its August 2, 2012 letter, which speaks for itself:

Background: CONSTRUCTION TRAFFIC TRAVEL DISTANCES

The AFC, p. 5.1-9, states that trip distances for estimating off-site construction emissions were based on the assumption that workers and delivery trucks are traveling within Kern County. Appendix E-2, p. 35, shows that the AFC assumes off-site roundtrip distances worker commuting vehicles, delivery trucks, and import fill trucks of between 38.0 to 39.8 miles, i.e., it assumes that all vehicles operate only within a radius of less than 20 miles around the Project site. The AFC does not provide any support for these assumptions. A 20-mile roundtrip distance appears unrealistically short for both the construction workforce and the delivery/fill import vehicles and may therefore underestimate emissions associated with vehicle travel.

Data Requests:

25. According to the AFC, p. 5.8-15, the average size of the workforce over the approximately 49-month construction and commissioning period would be 1,159 workers (including construction workers and contractor staff); the peak month of construction would require 2,090 craft workers (on site) and 371 contractor staff. It appears unlikely that a sufficiently skilled construction labor force would be available in Kern County within a 20 mile radius of the Project site. Further, based on the 1982 report Socioeconomic Impacts of Power Plants by the Electric Power Research Institute, construction workers will commute as much as 60 miles daily to construction sites from their homes rather than relocate, and considerably further on a weekly basis. This indicates that the construction workforce would likely come from farther than 20 miles from the Project site. Elsewhere, the AFC states that approximately 60 percent of the workforce is expected to be hired from within Kern County but that it is possible that some portion of the labor force will be drawn from Los Angeles County. (AFC, pp. 5.8-3, -16 and -18.) In addition, HECA has recently signed a project labor agreement (“PLA”) with the National Building and Construction Trades Department, the State Building and Construction Trades Council of California, and the Kern, Inyo, and Mono Counties Building and Construction Trades Council. Thus, some of the construction workforce may come from Inyo and Mono Counties. The southern border of Mono County is more than 150 miles from the Project site.

a) Please provide a copy of the PLA and/or indicate whether the PLA contains a breakdown for the origin of the construction workforce by county.

b) Please provide a breakdown of the available construction labor workforce by county.

c) Please identify typical travel distances for the construction workforce by county.

d) Please discuss whether you anticipate that construction workers would commute from their residence on a daily or weekly basis or seek lodging closer to the Project site.

e) Please revise emission estimates for worker vehicle travel during Project construction according to your responses above.

Now more of the truth will come out about the union workforce locked in to build this power plant.

California’s Top Construction Union Boss Opens the Slush Fund Hydrant: $1.14 Million Full-Blast Against San Diego’s Proposition A Voter Initiative

Here’s yet another scoop from the Dayton Public Policy Institute about how unions are influencing the June 2012 elections in California: one supreme union official based in Sacramento has pumped $1.14 million into San Diego to defeat a city voter initiative called Proposition A. And some of the cash originally comes from utility ratepayers.

For readers unfamiliar with Proposition A, read immediately below. Those who know about Proposition A can proceed down to read about the union sources of $1.14 million for the No on A campaign.

Who Supports Proposition A in San Diego, and Why?

In 2011, San Diego voters signed petitions to qualify a Fair and Open Competition ordinance for consideration in the June 5, 2012 election. It was the first measure placed by voters on the city ballot since 1998. Now designated on the ballot as Proposition A, the Fair and Open Competition ordinance would prohibit the City of San Diego from requiring construction companies to sign a Project Labor Agreement (PLA) with unions as a condition of working on a taxpayer-funded project. It also contains language requiring the city to post certain contract information on-line.

The campaign to enact Proposition A is strongly supported by construction companies and construction trade associations. This is no surprise, since most construction companies work directly with their employees (either individually or collectively through a union) to determine the terms and conditions of work. They don’t want two-bit local politicians to negotiate separate 30-page to 60-page labor agreements with union officials (i.e. the politicians’ campaign contributors) and then impose those agreements on their businesses.

Many companies refuse to bid on work that includes a government-mandated Project Labor Agreement in the bid specifications. The resulting reduction in the number of bidders competing for contracts results in higher costs for taxpayers (as academic studies, basic economic theory, and common sense would predict).

See the YES on A campaign web site here and contributors to the YES on A campaign here.

Who Opposes Proposition A in San Diego, and Why?

The main opponents of Fair and Open Competition policies are obviously construction trade unions, which regard government-mandated Project Labor Agreements as an effective political tactic to cut bid competition and raise costs for their own benefit. With Project Labor Agreements, union organizers can completely avoid the unpleasant and time-consuming task of selling the benefits of unionization to skeptical workers. Instead, they simply ask their political allies in government to give them a union monopoly on construction!

Most construction unions in California belong under the umbrella of the State Building and Construction Trades Council of California, a union conglomerate based in Sacramento under the leadership of president Bob Balgenorth. If you look at the list of contributors to the No on A campaign (Taxpayers to Preserve Community Jobs, No on Measure A, sponsored by labor and management organizations), you’ll see the top two donors are Sacramento-based union-affiliated organizations under the direction of Bob Balgenorth. These two entities contributed $1.14 million to the No on A campaign, comprising 96% of all campaign receipts.

Let’s take a closer look at these two massive organizations funding the No on A campaign. One of them is a routine political action committee, but the other is a conspiracy theorist’s dream come true.

A Union Political Action Committee Gave One $45,000 Late Contribution, Comprising 3.8 Percent of the Contributions to the No on A Campaign

The Sacramento-based committee known as “Members’ Voice of the State Building Trades Council of California” made a late expenditure contribution of $45,000 to the No on A campaign on May 24. As you can see on the California Secretary of State’s web site, this committee collects money from various local construction unions and disburses the money to various campaigns for candidates and ballot measures. The Assistant Treasurer of the Members’ Voice of the State Building Trades Council of California is Bob Balgenorth.

A Mysterious Union Slush Fund, Authorized by an Obscure 1978 Federal Law to Encourage Better Relationships Between Unions and Manufacturers, Gave $1,095,000 to No on A – a Whopping 92% of All Receipts!

Something called the California Construction Industry Labor-Management Cooperative Trust contributed a total of $1,095,000 to the No on A campaign. This is an extraordinarily high amount for a political contribution from one entity, especially concerning a local ballot measure! The head of the California Construction Industry Labor-Management Cooperative Trust is Bob Balgenorth.

This is NOT a traditional Political Action Committee. It is an arcane type of union trust authorized by the obscure Labor-Management Cooperation Act of 1978, a law signed by President Jimmy Carter and implemented by the Federal Mediation and Conciliation Service. Inspired by the decline of unionized manufacturing in the Northeast, this federal law was meant to help industrial management and union officials build better personal relationships and cooperate against the threat of outside competition. There are no federal or state regulations specifically addressed toward these trusts, and these trusts do not have any reporting requirements to the U.S. Department of Labor’s Office of Labor-Management Standards. This is an ambiguous and forgotten law that’s ripe for abuse.

It’s Not Union Members that Give the Money to the California Construction Industry Labor-Management Cooperative Trust: It’s Utility Ratepayers and Contractors Working for Extorted Power Plant Owners

Since the 1990s, whenever an energy company or public utility submits an application to the California Energy Commission seeking approval of a new power plant, an organization called California Unions for Reliable Energy (CURE) often “intervenes” in the licensing process. Represented by a South San Francisco law firm called Adams Broadwell Joseph & Cardozo, CURE submits massive data requests and environmental objections to the California Energy Commission. The applicant by law is required to answer CURE’s submissions, at significant cost and delay. The chairman of California Unions for Reliable Energy (CURE) is Bob Balgenorth.

If the power plant owner agrees to sign a Project Labor Agreement and require its construction contractors to sign a Project Labor Agreement with the State Building and Construction Trades Council of California or its regional affiliates, CURE’s objections go away and the power plant can proceed unhindered through the licensing process. If the company or utility does not surrender to CURE’s demand, then CURE’s interference and lawsuits continue.

This racket – sometimes called “greenmail” because it’s the use of environmental laws to pressure developers to sign Project Labor Agreements – is well-known to the energy industry in California and has been extensively reported in the news media over the past dozen years. (For example, see Labor Coalition’s Tactics on Renewable Energy Projects Are Criticized – Los Angeles Times – February 5, 2011.)

For cases in which the power plant applicant succumbs to CURE’s harassment, the Project Labor Agreement that the power plant owner signs usually contains a provision requiring the owner or its contractors to make a lump-sum payment or series of payments to the California Construction Industry Labor-Management Cooperative Trust.

For example, the Project Labor Agreement signed by the Northern California Power Agency (a conglomerate of publicly-owned utilities) for the construction of the Lodi Energy Center required the agency to shell out $90,000 to the California Construction Industry Labor-Management Cooperative Trust. That amount was dutifully mailed to Bob Balgenorth on August 17, 2010. (For more on this payment, see High Energy: Lodi Center Designed to be a Powerhouse for Chunk of State – Stockton Record – October 4, 2011; also, the union rebuttal on the California Building Trades Council web site – ABC Falsehoods Refuted in Letter to Stockton Record – a denial that the California Construction Industry Labor-Management Cooperative Trust is used for political contributions.)

And the Project Labor Agreement signed by the Southern California Public Power Authority (another conglomerate of publicly-owned utilities) for the construction of the City of Anaheim’s Canyon Power Plant required the agency to shell out $65,000 to the California Construction Industry Labor-Management Cooperative Trust. See Section 13.1 of the Project Labor Agreement here.

The California Construction Industry Labor-Management Cooperative Trust reports these payments as “membership dues” to the Internal Revenue Service. Which brings up a question: are the local elected officials who serve as commissioners for the Northern California Power Agency and the Southern California Public Power Authority exercising their responsibilities as “members” to approve $1,095,000 in political contributions to the No on A campaign?

But Wait a Minute…Is It Legal to Have Utility Ratepayers Fund a Mysterious Union Trust Fund that Contributes to Political Campaigns, Such as No on A?

Well, in 2009 an internal committee of the Northern California Power Agency discussed whether or not a payment to the California Construction Industry Labor-Management Cooperative Trust was an illegal gift of public funds. (See here. Note the original amount to the California Construction Industry Labor-Management Cooperative Trust was supposed to be $150,000, but aggressive opposition to the Project Labor Agreement forced the unions to cut it down to $90,000 in order to win approval from the board of commissioners.)

To solve this uncertainty, in May 2011 State Senator Mark Leno (D-San Francisco) added a cryptic amendment at the request of union lobbyists and lawyers to the end of a large unrelated public utilities bill (Senate Bill 790) regarding “community choice aggregation.” It added Section 3260 to the Public Utilities Code: “Nothing in this division prohibits payments pursuant to an agreement authorized by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.), or payments permitted by the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Secs. 173, 175a, and 186). Nothing in this division restricts any use permitted by federal law of money paid pursuant to these acts.”

No one in the California State Legislature – apparently not even Senator Leno – initially knew what this strange new provision meant. In the end, a few legislators such as Assemblywoman Shannon Grove (R-Bakersfield) came to understand and reveal in floor debate that it authorized public utilities to pass on the costs of payments to labor-management cooperation committees to ratepayers. Governor Brown signed the bill into law with the language tacked on the end.

For more information, see the investigative report of the Coalition for Fair Employment in Construction at this September 23, 2011 post at www.TheTruthaboutPLAs.com: A Genuine California Union Conspiracy: Senate Bill 790 and the California Building Trades Council’s Ratepayer Funded Political Slush Fund

Confused about the Conspiracy? Here’s a Chart.

A public utility or private energy company applies to the California Energy Commission for approval to build a power plant.

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California Unions for Reliable Energy (CURE) uses its “intervenor” status at the California Energy Commission to submit massive data requests and environmental complaints about the proposed power plant, as a result gumming up the licensing process and causing costly and lengthy delays for the applicant.

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Applicant for prospective power plant surrenders and agrees to sign Project Labor Agreement with State Building and Construction Trades Council of California or its regional affiliates. CURE releases its grip of legal paperwork and the project moves forward unimpeded and acclaimed as environmentally sound.

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The Project Labor Agreement contains a required payment or payments to the California Construction Industry Labor-Management Cooperative Trust. California Public Utilities Code Section 3260 – enacted by Senate Bill 790 in 2011 – allows public utilities to pass costs through to ratepayers.

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California Construction Industry Labor-Management Cooperative Trust reports those payments to the IRS as “Membership Dues,” creating questions about the rights inherent for dues-paying members.

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California Construction Industry Labor-Management Cooperative Trust makes contributions to political campaigns, such as $1,095,000 to fund 92% of the No on A campaign (Taxpayers to Preserve Community Jobs, No on Measure A, sponsored by labor and management organizations) in the City of San Diego in 2012.