Maryland 2022 Regular Session

Maryland Senate Bill SB418 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0418
9	6
10	7		SENATE BILL 418
11	8		C5, M5 2lr0808
12		-	CF ~~HB 569~~
	9	+	CF 2lr2448
13	10		By: Senator Feldman
14	11		Introduced and read first time: January 26, 2022
15	12		Assigned to: Finance
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 7, 2022
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Energy Generation, Transmission, and Storage Projects – Required Community 2
25	19		Benefit Agreement and Labor Standards 3
26	20
27		-	FOR the purpose of requiring the Public Service Commission to condition a person who is 4
28		-	a developer of a project, on the approval of a certificate of public convenience and 5
29		-	necessity for the construction of a certain generating station or qualified generator 6
30		-	lead line and an exemption from the requirement for a certificate of public 7
31		-	convenience and necessity on the requirement that the developer of the project, to 8
32		-	take all reasonable actions to enter into a community benefits agreement and adhere 9
33		-	to certain labor standards and reporting requirements; establishing certain labor 10
34		-	standards and certain community benefit, certification, reporting, and 11
35		-	record–keeping requirements related to the construction of a covered project; 12
36		-	subjecting a developer, contractor, or subcontractor to debarment or other penalties 13
37		-	for knowingly submitting a certification with false, misleading, or materially 14
38		-	inaccurate information; and generally relating to energy generation, transmission, 15
39		-	and storage projects. 16
	21	+	FOR the purpose of requiring the Public Service Commission to condition the approval of a 4
	22	+	certificate of public convenience and necessity for the construction of a certain 5
	23	+	generating station or qualified generator lead line and an exemption from the 6
	24	+	requirement for a certificate of public convenience and necessity on the requirement 7
	25	+	that the developer of the project take all reasonable actions to enter into a community 8
	26	+	benefits agreement and adhere to certain labor standards and reporting 9
	27	+	requirements; establishing certain labor standards and certain community benefit, 10
	28	+	certification, reporting, and record–keeping requirements related to the construction 11
	29	+	of a covered project; subjecting a developer, contractor, or subcontractor to 12
	30	+	debarment or other penalties for knowingly submitting a certification with false, 13
	31	+	misleading, or materially inaccurate information; and generally relating to energy 14
	32	+	generation, transmission, and storage projects. 15
40	33
41		-	BY ~~adding to 17~~
42		-	Article – ~~Labor and Employment 18~~
43		-	Section 3–~~718 19~~
44		-	Annotated Code of Maryland 20
45		-	(~~2016~~ Replacement Volume and 2021 Supplement) 21
	34	+	BY repealing and reenacting, without amendments, 16
	35	+	Article – Public Utilities 17
	36	+	Section 7–207(a)(1), (3), and (5) and (b)(1)(i) and (ii) and 7–207.1(a) and (b)(1) 18
	37	+	Annotated Code of Maryland 19
	38	+	(2020 Replacement Volume and 2021 Supplement) 20
46	39
47		-	BY repealing and reenacting, without amendments, 22
48		-	Article – Public Utilities 23 2 SENATE BILL 418
	40	+	BY adding to 21
	41	+	Article – Public Utilities 22
	42	+	Section 7–207(h), 7–207.1(g), and 7–207.3 23
	43	+	Annotated Code of Maryland 24
	44	+	(2020 Replacement Volume and 2021 Supplement) 25
	45	+
	46	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
	47	+	That the Laws of Maryland read as follows: 27
	48	+	2 SENATE BILL 418
49	49
50	50
51		-	Section 7–207(a)(1), (3), and (5) and (b)(1)(i) and (ii) and 7–207.1(a) and (b)(1) 1
52		-	Annotated Code of Maryland 2
53		-	(2020 Replacement Volume and 2021 Supplement) 3
	51	+	Article – Public Utilities 1
54	52
55		-	BY adding to 4
56		-	Article – Public Utilities 5
57		-	Section 7–207(h), 7–207(h) and 7–207.1(g), and 7–207.3 6
58		-	Annotated Code of Maryland 7
59		-	(2020 Replacement Volume and 2021 Supplement) 8
	53	+	7–207. 2
60	54
61		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
62		-	That the Laws of Maryland read as follows: 10
	55	+	(a) (1) In this section the following words have the meanings indicated. 3
63	56
64		-	~~Article – Public Utilities 11~~
	57	+	(3) (i) “Construction” means: 4
65	58
66		-	7–207. 12
	59	+	1. any physical change at a site, including fabrication, 5
	60	+	erection, installation, or demolition; or 6
67	61
68		-	(a) (1) In this section the following words have the meanings indicated. 13
	62	+	2. the entry into a binding agreement or contractual 7
	63	+	obligation to purchase equipment exclusively for use in construction in the State or to 8
	64	+	undertake a program of actual construction in the State which cannot be canceled or 9
	65	+	modified without substantial loss to the owner or operator of the proposed generating 10
	66	+	station. 11
69	67
70		-	(3) (i) “Construction” means: 14
	68	+	(ii) “Construction” does not include a change that is needed for the 12
	69	+	temporary use of a site or route for nonutility purposes or for use in securing geological 13
	70	+	data, including any boring that is necessary to ascertain foundation conditions. 14
71	71
72		-	1. any physical change at a site, including fabrication, 15
73		-	erection, installation, or demolition; or 16
	72	+	(5) “Qualified generator lead line” means an overhead transmission line 15
	73	+	that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state 16
	74	+	Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in 17
	75	+	Maryland that is owned by an electric company. 18
74	76
75		-	2. the entry into a binding agreement or contractual 17
76		-	obligation to purchase equipment exclusively for use in construction in the State or to 18
77		-	undertake a program of actual construction in the State which cannot be canceled or 19
78		-	modified without substantial loss to the owner or operator of the proposed generating 20
79		-	station. 21
	77	+	(b) (1) (i) Unless a certificate of public convenience and necessity for the 19
	78	+	construction is first obtained from the Commission, a person may not begin construction in 20
	79	+	the State of: 21
80	80
81		-	(ii) “Construction” does not include a change that is needed for the 22
82		-	temporary use of a site or route for nonutility purposes or for use in securing geological 23
83		-	data, including any boring that is necessary to ascertain foundation conditions. 24
	81	+	1. a generating station; or 22
84	82
85		-	(5) “Qualified generator lead line” means an overhead transmission line 25
86		-	that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state 26
87		-	Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in 27
88		-	Maryland that is owned by an electric company. 28
	83	+	2. a qualified generator lead line. 23
89	84
90		-	(b) ~~(1) (i) Unless~~ a ~~certificate of public convenience and necessity~~ for ~~the 29~~
91		-	~~construction is first obtained~~ from the ~~Commission, a person may not begin construction in 30~~
92		-	~~the State~~ of~~: 31~~
	85	+	(ii) If a person obtains Commission approval for construction under 24
	86	+	§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 25
	87	+	obtain a certificate of public convenience and necessity under this section. 26
93	88
94		-	1. a generating station; or 32
95		-
96		-	2. a qualified generator lead line. 33
97		-	SENATE BILL 418 3
98		-
99		-
100		-	(ii) If a person obtains Commission approval for construction under 1
101		-	§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 2
102		-	obtain a certificate of public convenience and necessity under this section. 3
103		-
104		-	(H) THE COMMISSION SHALL COND ITION APPROVAL OF A CERTIFICATE OF 4
105		-	PUBLIC CONVENIENCE A ND NECESSITY ON THE REQUIREMENT THAT THE PERSON 5
106		-	CONSTRUCTING A PROPO SED GENERATING STATI ON COMPLY WITH THE 6
107		-	REQUIREMEN TS OF § 7–207.3 OF THIS SUBTITLE, AS APPLICABLE. 7
108		-
109		-	7–207.1. 8
110		-
111		-	(a) This section applies to a person who: 9
112		-
113		-	(1) constructs a generating station: 10
114		-
115		-	(i) designed to provide on–site generated electricity if: 11
116		-
117		-	1. the capacity of the generating station does not exceed 70 12
118		-	megawatts; and 13
119		-
120		-	2. the electricity that may be exported for sale from the 14
121		-	generating station to the electric system is sold only on the wholesale market pursuant to 15
122		-	an interconnection, operation, and maintenance agreement with the local electric company; 16
123		-	or 17
124		-
125		-	(ii) that produces electricity from wind if: 18
126		-
127		-	1. the generating station is land–based; 19
128		-
129		-	2. the capacity of the generating station does not exceed 70 20
130		-	megawatts; 21
131		-
132		-	3. the electricity that may be exported for sale from the 22
133		-	generating station to the electric system is sold only on the wholesale market pursuant to 23
134		-	an interconnection, operation, and maintenance agreement with the local electric company; 24
135		-
136		-	4. the Commission provides an opportunity for public 25
137		-	comment at a public hearing as provided in subsection (f) of this section; and 26
138		-
139		-	5. the generating station’s wind turbines are not located 27
140		-	within a distance from the Patuxent River Naval Air Station that is determined by 28
141		-	regulations adopted by the Commission in coordination with the Commander, Naval Air 29
142		-	Warfare Center Aircraft Division, provided that the distance requirement under the 30
143		-	regulation is: 31
144		-	4 SENATE BILL 418
145		-
146		-
147		-	A. not greater than is necessary to encompass an area in 1
148		-	which utility scale wind turbines could create Doppler radar interference for missions at 2
149		-	the Patuxent River Naval Air Station; 3
150		-
151		-	B. not greater than 46 miles, measured from location 4
152		-	38.29667N, 76.37668W; and 5
153		-
154		-	C. subject to modification if necessary to reflect changes in 6
155		-	missions or technology at the Patuxent River Naval Air Station or changes in wind energy 7
156		-	technology; or 8
157		-
158		-	(2) constructs a generating station if: 9
159		-
160		-	(i) the capacity of the generating station does not exceed 25 10
161		-	megawatts; 11
162		-
163		-	(ii) the electricity that may be exported for sale from the generating 12
164		-	station to the electric system is sold only on the wholesale market pursuant to an 13
165		-	interconnection, operation, and maintenance agreement with the local electric company; 14
166		-	and 15
167		-
168		-	(iii) at least 10% of the electricity generated at the generating station 16
169		-	each year is consumed on–site. 17
170		-
171		-	(b) (1) The Commission shall require a person that is exempted from the 18
172		-	requirement to obtain a certificate of public convenience and necessity to obtain approval 19
173		-	from the Commission under this section before the person may construct a generating 20
174		-	station described in subsection (a) of this section. 21
175		-
176		-	(G) THE COMMISSION SHALL COND ITION APPROVAL OF AN EXEMPTION 22
177		-	FROM THE REQUIREMENT TO OBTAIN A CERTIFIC ATE OF PUBLIC CONVEN IENCE AND 23
178		-	NECESSITY ON THE REQ UIREMENT THAT THE PE RSON CONSTRUCTING THE 24
179		-	PROPOSED GENERATING STATION COMPLY WITH THE REQUIREMENTS OF § 7–207.3 25
180		-	OF THIS SUBTITLE, AS APPLICABLE. 26
181		-
182		-	7–207.3. 27
183		-
184		-	Article – Labor and Employment 28
185		-
186		-	3–718. 29
187		-
188		-	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 30
189		-	INDICATED. 31
190		-
191		-	(2) (I) “COVERED PROJECT ” MEANS, “COVERED PROJECT ” 32
192		-	MEANS: 33 SENATE BILL 418 5
193		-
194		-
195		-
196		-	1. A GENERATION STATION WITH A CUMULATIVE 1
197		-	NAMEPLATE CAPACITY O F 2 MEGAWATTS OR MORE THAT PRODUCES ENERGY FROM 2
198		-	A TIER 1 RENEWABLE SOURCE , A TIER 2 RENEWABLE SOURCE , OR NUCLEAR 3
199		-	ENERGY; OR 4
200		-
201		-	2. AN ENERGY STORAGE DEVICE WITH A CUMULATIVE 5
202		-	NAMEPLATE CAPACITY O F 2 MEGAWATTS OR MORE FOR WHICH THE PUBLIC 6
203		-	SERVICE COMMISSION HAS APPROV ED: 7
204		-
205		-	(I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 8
206		-	UNDER § 7–207 OF THE PUBLIC UTILITIES ARTICLE; OR 9
207		-
208		-	(II) AN EXEMPTION FROM THE R EQUIREMENT TO OBTAIN A 10
209		-	CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY UNDER § 7–207.1 OF THE 11
210		-	PUBLIC UTILITIES ARTICLE. 12
211		-
212		-	(II) (2) “COVERED PROJECT ” DOES NOT INCLUDE : 13
213		-
214		-	1. AN OFF–SHORE WIND PROJECT U NDER § 7–704.1 OF 14
215		-	THIS TITLE THE PUBLIC UTILITIES ARTICLE; OR 15
216		-
217		-	2. AN ENERGY STORAGE PR OJECT UNDER § 7–216 OF 16
218		-	THIS SUBTITLE. 17
219		-
220		-	(3) (I) “ENERGY STORAGE DEVICE ” MEANS A RESOURCE CAP ABLE 18
221		-	OF ABSORBING ELECTRI CAL ENERGY , STORING IT FOR A PER IOD OF TIME, AND 19
222		-	DELIVERING THE ENERG Y FOR USE AT A LATER TIME AS NEEDED, REGARDLESS OF 20
223		-	WHERE THE RESOURCE I S LOCATED ON THE ELE CTRIC DISTRIBUTION S YSTEM. 21
224		-
225		-	(II) “ENERGY STORAGE DEVICE ” INCLUDES ALL TYPES O F 22
226		-	ELECTRIC STORAGE TEC HNOLOGIES, REGARDLESS OF THEIR SIZE, STORAGE 23
227		-	MEDIUM, OR OPERATIONAL PUR POSE. 24
228		-
229		-	(B) THIS SECTION APPLIES ONLY TO THE CONSTRUC TION OF A COVERED 25
230		-	PROJECT. 26
231		-
232		-	(C) THE DEVELOPER OF A CO VERED PROJECT SHALL TAKE ALL 27
233		-	REASONABLE ACTIONS T O ENTER INTO A COMMU NITY BENEFITS AGREEM ENT WITH 28
234		-	A COMMUNITY –BASED ORGANIZATION O R COLLECTION OF COMMUNITY –BASED 29
235		-	ORGANIZATIONS REPRES ENTING THE COMMUNITY AFFECTED BY THE PROJ ECT 30
236		-	THAT: 31
237		-	6 SENATE BILL 418
238		-
239		-
240		-	(1) DETAILS THE CONTRIBU TIONS THAT THE PROJE CT WILL BRING 1
241		-	TO THE COMMUNITY IN WHICH THE PROJECT WI LL BE LOCATED; 2
242		-
243		-	(2) DETAILS ACTIONS TO B E TAKEN TO MITIGATE ADVERSE 3
244		-	CONDITIONS CAUSED BY THE PROJECT; 4
245		-
246		-	(3) PROMOTES INCREASED O PPORTUNITIES FOR LOC AL BUSINESSES 5
247		-	AND SMALL, MINORITY, WOMEN–OWNED, AND VETERAN –OWNED BUSINESSES IN THE 6
248		-	ENERGY INDUSTRY ; 7
249		-
250		-	(4) PROMOTES SAFE COMP LETION OF THE PROJEC T BY ENSURING 8
251		-	THAT AT LEAST 80% OF THE CRAFT WORKERS ON THE PROJECT HAVE COMPLETED 9
252		-	AN OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 10–HOUR OR 30–HOUR 10
253		-	COURSE; 11
254		-
255		-	(5) PROMOTES CAREER TRAI NING OPPORTUNITIES I N THE 12
256		-	CONSTRUCTION INDUSTR Y FOR LOCAL RESIDENTS , VETERANS, WOMEN, AND 13
257		-	MINORITIES; AND 14
258		-
259		-	(6) PROVIDES FOR BEST EF FORTS AND EFFECTIVE OUTREACH TO 15
260		-	OBTAIN, AS A GOAL, THE USE OF A WORKFOR CE INCLUDING MINORIT IES, TO THE 16
261		-	EXTENT PRACTICABLE , AS SUPPORTED BY A DI SPARITY STUDY; AND 17
262		-
263		-	(7) REFLECTS A 21ST–CENTURY LABOR –MANAGEMENT APPROACH 18
264		-	BASED ON COOPERATION , HARMONY, AND PARTNERSHIP . 19
265		-
266		-	(D) THE DEVELOPER OF A CO VERED PROJECT SHALL ENSURE THAT 20
267		-	WORKERS ARE PAID NOT LESS THAN THE PREVAI LING WAGE RATE DETER MINED 21
268		-	UNDER TITLE 17, SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT 22
269		-	ARTICLE UNLESS THE CO VERED PROJECT IS SUB JECT TO A PROJECT LA BOR 23
270		-	AGREEMENT THAT : 24
271		-
272		-	(1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE 25
273		-	COVERED PROJECT THRO UGH THE INCLUSION OF SPECIFICATIONS IN AL L 26
274		-	RELEVANT SOLICITATIO N PROVISIONS AND CONTRACT DOC UMENTS; 27
275		-
276		-	(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE 28
277		-	FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO 29
278		-	WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARGAINING 30
279		-	AGREEMENTS ; 31
280		-
281		-	(3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF 32
282		-	EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON THE PROJEC TS; 33
283		-	SENATE BILL 418 7
284		-
285		-
286		-	(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB 1
287		-	DISRUPTIONS; 2
288		-
289		-	(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING 3
290		-	LABOR DISPUTES ; AND 4
291		-
292		-	(6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PARTIES 5
293		-	TO PROMOTE SUCCESSFU L DELIVERY OF THE CO VERED PROJECT . 6
294		-
295		-	(E) (1) THE DEVELOPER OF A CO VERED PROJECT SHALL ENSURE THAT 7
296		-	EACH CONTRACTOR AND SUBCONTRACTOR INVOLV ED IN THE CONSTRUCTI ON OF 8
297		-	THE PROJECT COMP LETES A CERTIFICATIO N THAT THE CONTRACTO R OR 9
298		-	SUBCONTRACTOR : 10
299		-
300		-	(I) HAS THE NECESSARY RE SOURCES TO PERFORM T HE 11
301		-	PORTION OF THE COVER ED PROJECT TO WHICH THE CONTRACTOR OR 12
302		-	SUBCONTRACTOR IS ASS IGNED, INCLUDING THE NECESS ARY TECHNICAL , 13
303		-	FINANCIAL, AND PERSONNEL RESOURCES; 14
304		-
305		-	(II) HAS ALL REQUIRED LIC ENSES, CERTIFICATIONS , OR 15
306		-	CREDENTIALS REQUIRED UNDER STATE OR LOCAL LAW ; 16
307		-
308		-	(III) FOR EACH CONSTRUCTIO N TRADE EMPLOYED ON THE 17
309		-	COVERED PROJECT , PARTICIPATES IN APPR ENTICESHIP TRAINING THROUGH AN 18
310		-	APPRENTICESHIP PRO GRAM REGISTERED WITH THE MARYLAND DEPARTMENT OF 19
311		-	LABOR OR A FEDERALLY RECOGNIZED STATE APPRENTICESHIP AGENCY; 20
312		-
313		-	(IV) DURING THE IMMEDIATE LY PRECEDING 3 YEARS: 21
314		-
315		-	1. HAS NOT BEEN DEBARRE D BY ANY GOVERNMENT 22
316		-	AGENCY; 23
317		-
318		-	2. HAS NOT DEFAULTED ON ANY PROJECT; 24
319		-
320		-	3. HAS NOT HAD ANY LICE NSE, CERTIFICATION , OR 25
321		-	OTHER CREDENTIAL REL ATING TO THE BUSINES S REVOKED OR SUSPEND ED; AND 26
322		-
323		-	4. HAS NOT BEEN FOUND I N VIOLATION OF ANY L AW 27
324		-	APPLICABLE TO THE BU SINESS OF THE CONTRA CTOR OR SUBCONTRACTO R THAT 28
325		-	RESULTED IN T HE PAYMENT OF A FINE , BACK PAY DAMAGES , OR ANY OTHER 29
326		-	PENALTY IN THE AMOUN T OF $10,000 OR MORE; 30
327		-	8 SENATE BILL 418
328		-
329		-
330		-	(V) WILL PAY INDIVIDUALS EMPLOYED ON THE PROJ ECT NOT 1
331		-	LESS THAN THE APPLIC ABLE WAGE AND FRINGE BENEFIT RATES FOR TH E 2
332		-	CLASSIFICATION IN WH ICH EACH INDIVIDUAL IS EMPLOYED; AND 3
333		-
334		-	(VI) HAS NOT MISCLASSIFIE D AND WILL NOT MISCL ASSIFY 4
335		-	EMPLOYEES AS INDEPEN DENT CONTRACTORS . 5
336		-
337		-	(2) (I) THE DEVELOPER OF A CO VERED PROJECT SHALL SUBMIT 6
338		-	TO THE MARYLAND DEPARTMENT OF LABOR A CERTIFICATION OF COMPLIANCE 7
339		-	WITH THE REQUIREMENT S OF THIS SUBSECTION NOT LATER THAN 30 DAYS BEFORE 8
340		-	COMMENCEMENT OF CONS TRUCTION OF THE PROJ ECT. 9
341		-
342		-	(II) IF A COVERED PRO JECT IS SUBJECT TO A PROJECT LABOR 10
343		-	AGREEMENT DESCRIBED IN SUBSECTION (D) OF THIS SECTION, THE DEVELOPER OF 11
344		-	THE COVERED PROJECT SHALL SUBMIT A COPY OF THE PROJECT LABOR 12
345		-	AGREEMENT WITH THE C ERTIFICATION OF COMP LIANCE. 13
346		-
347		-	(3) IF A CERTIFICATION CO NTAINS FALSE , MISLEADING, OR 14
348		-	MATERIALLY INACCURAT E INFORMATION , THE DEVELOPER , CONTRACTOR , OR 15
349		-	SUBCONTRACTOR THAT E XECUTED THE CERTIFIC ATION SHALL, AFTER NOTICE AND 16
350		-	OPPORTUNITY TO BE HE ARD, BE SUBJECT TO DEBARM ENT FROM ENTERING IN TO A 17
351		-	CONTRACT WITH A PUBL IC BODY. 18
352		-
353		-	(4) EACH CONTRACTOR AND S UBCONTRACTOR ON A CO VERED 19
354		-	PROJECT SHALL BE SUB JECT TO ALL REPORTIN G AND COMPLIANCE REQ UIREMENTS 20
355		-	OF THIS SECTION AND OTHER STATE LAW. 21
356		-
357		-	(5) A CONTRACTOR OR SUBCON TRACTOR THAT VIOLATE S THIS 22
358		-	SUBSECTION SHALL BE SUBJECT TO PENALTIES ESTABLISHED BY THE MARYLAND 23
359		-	DEPARTMENT OF LABOR BY REGULATION . 24
360		-
361		-	(F) (1) THIS SUBSECTION DOES NOT APPLY TO A COVER ED PROJECT FOR 25
362		-	WHICH THERE IS A PRO JECT LABOR AGREEMENT DESCRIBED IN SUBSECT ION (D) OF 26
363		-	THIS SECTION. 27
364		-
365		-	(2) EACH DEVELOPER , CONTRACTOR , AND SUBCONTRACTOR SHALL 28
366		-	MAINTAIN RECORDS REL ATING TO THE WAGES A ND HOURS WORKED BY E ACH 29
367		-	INDIVIDUAL PERFORMIN G THE WORK ON A COVE RED PROJECT , INCLUDING: 30
368		-
369		-	(I) A SCHEDULE OF THE OC CUPATION OR WORK 31
370		-	CLASSIFICATION OF EA CH INDIVIDUAL WORKIN G ON THE PROJECT ; AND 32
371		-
372		-	(II) A SCHEDULE OF THE WO RK HOURS THAT EACH I NDIVIDUAL 33
373		-	WORKING ON THE PROJE CT PERFORMED WITH SU FFICIENT DETAIL THAT THE 34 SENATE BILL 418 9
374		-
375		-
376		-	MARYLAND DEPARTMENT OF LABOR REQUIRES TO ENS URE THE PROPER 1
377		-	PAYMENTS OF WAGES WE RE MADE. 2
378		-
379		-	(3) THE RECORDS SHALL INC LUDE A STATEMENT SIGNED BY THE 3
380		-	DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR THA T INDICATES: 4
381		-
382		-	(I) THE RECORDS ARE CORR ECT; 5
383		-
384		-	(II) THE RATE OF WAGES PA ID TO EACH INDIVIDUA L ARE NOT 6
385		-	LESS THAN THE PREVAI LING WAGE FOR THAT I NDIVIDUAL’S TRADE; 7
386		-
387		-	(III) THE AMOUNT OF WAGES PAID IS NOT LESS THAN T HE 8
388		-	AMOUNT REQUIRED BY T HE CONTRACT TO BE PA ID; 9
389		-
390		-	(IV) THE DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR HAS 10
391		-	COMPLIED WITH THE AP PLICABLE PROVISIONS OF THIS SECTION; AND 11
392		-
393		-	(V) THE DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR DOE S 12
394		-	NOT RECEIVE KICKBACKS FROM AN EM PLOYEE OR EMPLOYEE W ELFARE FUND . 13
395		-
396		-	(4) THE PAYROLL FOR A COV ERED PROJECT SHALL B E CONSIDERED 14
397		-	A PUBLIC RECORD AND EVERY PERSON HAS THE RIGHT TO INSPECT AND COPY THE 15
398		-	RECORDS. 16
399		-
400		-	(G) THE MARYLAND DEPARTMENT OF LABOR SHALL DISTRIBUT E A LIST TO 17
401		-	ALL UNITS, DEPARTMENTS , AND POLITICAL SUBDIV ISIONS OF THE STATE 18
402		-	PROVIDING THE NAMES OF INDIVIDUALS OR FI RMS THAT THE MARYLAND 19
403		-	DEPARTMENT OF LABOR HAS FOUND TO HA VE: 20
404		-
405		-	(1) FAILED TO MEET THE R EQUIREMENTS OF SUBSE CTIONS (C), (D), 21
406		-	(E), AND (F) OF THIS SECTION; 22
407		-
408		-	(2) BEEN DEBARRED BY FED ERAL OR STATE GOVERNMENT ; OR 23
409		-
410		-	(3) SUBMITTED FALSE , MISLEADING, OR MATERIALLY INACCU RATE 24
411		-	INFORMATION UNDER TH IS SECTION. 25
412		-
413		-	(H) THE SECRETARY OF LABOR SHALL ADOPT REG ULATIONS 26
414		-	IMPLEMENTING SUBSECT IONS (C), (D), (E), AND (F) OF THIS SECTION. 27
415		-
416		-	Article – Public Utilities 28
417		-
418		-	7–207. 29
419		-
420		-	(a) (1) In this section the following words have the meanings indicated. 30 10 SENATE BILL 418
421		-
422		-
423		-
424		-	(3) (i) “Construction” means: 1
425		-
426		-	1. any physical change at a site, including fabrication, 2
427		-	erection, installation, or demolition; or 3
428		-
429		-	2. the entry into a binding agreement or contractual 4
430		-	obligation to purchase equipment exclusively for use in construction in the State or to 5
431		-	undertake a program of actual construction in the State which cannot be canceled or 6
432		-	modified without substantial loss to the owner or operator of the proposed generating 7
433		-	station. 8
434		-
435		-	(ii) “Construction” does not include a change that is needed for the 9
436		-	temporary use of a site or route for nonutility purposes or for use in securing geological 10
437		-	data, including any boring that is necessary to ascertain foundation conditions. 11
438		-
439		-	(5) “Qualified generator lead line” means an overhead transmission line 12
440		-	that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state 13
441		-	Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in 14
442		-	Maryland that is owned by an electric company. 15
443		-
444		-	(b) (1) (i) Unless a certificate of public convenience and necessity for the 16
445		-	construction is first obtained from the Commission, a person may not begin construction in 17
446		-	the State of: 18
447		-
448		-	1. a generating station; or 19
449		-
450		-	2. a qualified generator lead line. 20
451		-
452		-	(ii) If a person obtains Commission approval for construction under 21
453		-	§ 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 22
454		-	obtain a certificate of public convenience and necessity under this section. 23
455		-
456		-	(H) (1) ON APPROVAL OF A CERT IFICATE OF PUBLIC CO NVENIENCE AND 24
457		-	NECESSITY FOR THE CO NSTRUCTION OF A PROP OSED GENERATING STAT ION THAT 25
458		-	IS A COVERED PROJECT, AS DEFINED IN § 3–718 OF THE LABOR AND EMPLOYMENT 26
459		-	ARTICLE, THE DEVELOPER OF THE PROPOSED GENERATING STATION SHALL MEET 27
460		-	THE REQUIREMENTS OF § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE. 28
461		-
462		-	(2) THE MARYLAND DEPARTMENT OF LABOR SHALL ENFORCE T HIS 29
463		-	SUBSECTION. 30
	89	+	(H) THE COMMISSION SHALL COND ITION APPROVAL OF A CERTIFICATE OF 27
	90	+	PUBLIC CONVENIENCE A ND NECESSITY ON THE REQUIREMENT T HAT THE PERSON 28
	91	+	CONSTRUCTING A PROPOSED GENERATING STATION C OMPLY WITH THE 29
	92	+	REQUIREMENTS OF § 7–207.3 OF THIS SUBTITLE, AS APPLICABLE. 30
464	93
465	94		7–207.1. 31
466	95
467	96		(a) This section applies to a person who: 32
468		-	SENATE BILL 418 11
	97	+	SENATE BILL 418 3
469	98
470	99
471	100		(1) constructs a generating station: 1
472	101
473	102		(i) designed to provide on–site generated electricity if: 2
474	103
475	104		1. the capacity of the generating station does not exceed 70 3
476	105		megawatts; and 4
477	106
478	107		2. the electricity that may be exported for sale from the 5
479	108		generating station to the electric system is sold only on the wholesale market pursuant to 6
480	109		an interconnection, operation, and maintenance agreement with the local electric company; 7
481	110		or 8
482	111
483	112		(ii) that produces electricity from wind if: 9
484	113
485	114		1. the generating station is land–based; 10
486	115
487	116		2. the capacity of the generating station does not exceed 70 11
488	117		megawatts; 12
489	118
490	119		3. the electricity that may be exported for sale from the 13
491	120		generating station to the electric system is sold only on the wholesale market pursuant to 14
492	121		an interconnection, operation, and maintenance agreement with the local electric company; 15
493	122
494	123		4. the Commission provides an opportunity for public 16
495	124		comment at a public hearing as provided in subsection (f) of this section; and 17
496	125
497	126		5. the generating station’s wind turbines are not located 18
498	127		within a distance from the Patuxent River Naval Air Station that is determined by 19
499	128		regulations adopted by the Commission in coordination with the Commander, Naval Air 20
500	129		Warfare Center Aircraft Division, provided that the distance requirement under the 21
501	130		regulation is: 22
502	131
503	132		A. not greater than is necessary to encompass an area in 23
504	133		which utility scale wind turbines could create Doppler radar interference for missions at 24
505	134		the Patuxent River Naval Air Station; 25
506	135
507	136		B. not greater than 46 miles, measured from location 26
508	137		38.29667N, 76.37668W; and 27
509	138
510	139		C. subject to modification if necessary to reflect changes in 28
511	140		missions or technology at the Patuxent River Naval Air Station or changes in wind energy 29
512	141		technology; or 30
513	142
514	143		(2) constructs a generating station if: 31
515	144
516	145		(i) the capacity of the generating station does not exceed 25 32
517		-	megawatts; 33 12 SENATE BILL 418
	146	+	megawatts; 33 4 SENATE BILL 418
518	147
519	148
520	149
521	150		(ii) the electricity that may be exported for sale from the generating 1
522	151		station to the electric system is sold only on the wholesale market pursuant to an 2
523	152		interconnection, operation, and maintenance agreement with the local electric company; 3
524	153		and 4
525	154
526	155		(iii) at least 10% of the electricity generated at the generating station 5
527	156		each year is consumed on–site. 6
528	157
529	158		(b) (1) The Commission shall require a person that is exempted from the 7
530	159		requirement to obtain a certificate of public convenience and necessity to obtain approval 8
531	160		from the Commission under this section before the person may construct a generating 9
532	161		station described in subsection (a) of this section. 10
533	162
534		-	(G) (1) ON APPROVAL OF AN EXE MPTION FROM THE REQU IREMENT TO 11
535		-	OBTAIN A CERTIFICATE OF PUBLIC CONVENIENC E AND NECESSITY FOR THE 12
536		-	CONSTRUCTION OF A PR OPOSED GENERATING ST ATION THAT IS A COVE RED 13
537		-	PROJECT, AS DEFINED IN § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE, THE 14
538		-	DEVELOPER OF THE PRO POSED GENERATING STA TION SHALL MEET THE 15
539		-	REQUIREMENTS OF § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE. 16
	163	+	(G) THE COMMISSION SHALL COND ITION APPROVAL OF AN EXEMPTION 11
	164	+	FROM THE REQUIREMENT TO OBTAIN A CERTIFIC ATE OF PUBLIC CONVEN IENCE AND 12
	165	+	NECESSITY ON THE REQUIREMENT T HAT THE PERSON CONST RUCTING THE 13
	166	+	PROPOSED GENERATING STATION C OMPLY WITH THE REQUI REMENTS OF § 7–207.3 14
	167	+	OF THIS SUBTITLE, AS APPLICABLE. 15
540	168
541		-	(2) THE MARYLAND DEPARTMENT OF LABOR SHALL ENFORCE T HIS 17
542		-	SUBSECTION. 18
	169	+	7–207.3. 16
543	170
544		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
545		-	October 1, 2022. 20
	171	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
	172	+	INDICATED. 18
	173	+
	174	+	(2) (I) “COVERED PROJECT” MEANS: 19
	175	+
	176	+	1. A GENERATION STATION WITH A CUMULATIVE 20
	177	+	NAMEPLATE CAPACITY O F 2 MEGAWATTS OR MORE THAT PRODUCES ENERGY FROM 21
	178	+	A TIER 1 RENEWABLE SOURCE , A TIER 2 RENEWABLE SOURCE , OR NUCLEAR 22
	179	+	ENERGY; OR 23
	180	+
	181	+	2. AN ENERGY STORAGE DEVICE WITH A CUMULATIVE 24
	182	+	NAMEPLATE CAPACITY O F 2 MEGAWATTS OR MORE . 25
	183	+
	184	+	(II) “COVERED PROJECT ” DOES NOT INCLUDE : 26
	185	+
	186	+	1. AN OFF–SHORE WIND PROJECT UNDER § 7–704.1 OF 27
	187	+	THIS TITLE; OR 28
	188	+
	189	+	2. AN ENERGY STORAGE PR OJECT UNDER § 7–216 OF 29
	190	+	THIS SUBTITLE. 30
	191	+	SENATE BILL 418 5
	192	+
	193	+
	194	+	(3) (I) “ENERGY STORAGE DEVICE ” MEANS A RESOURCE CAP ABLE 1
	195	+	OF ABSORBING ELECTRI CAL ENERGY , STORING IT FOR A PER IOD OF TIME, AND 2
	196	+	DELIVERING THE ENERG Y FOR USE AT A LATER TIME AS NEEDED , REGARDLESS OF 3
	197	+	WHERE THE RESOURCE I S LOCATED ON THE ELE CTRIC DISTRIBUTION S YSTEM. 4
	198	+
	199	+	(II) “ENERGY STORAGE DEVICE ” INCLUDES ALL TYPES O F 5
	200	+	ELECTRIC STORAGE TEC HNOLOGIES, REGARDLESS OF THEIR SIZE, STORAGE 6
	201	+	MEDIUM, OR OPERATIONAL PURPO SE. 7
	202	+
	203	+	(B) THIS SECTION APPLIES ONLY TO THE CONSTRUCTION OF A COVERED 8
	204	+	PROJECT. 9
	205	+
	206	+	(C) THE DEVELOPER OF A CO VERED PROJECT SHALL TAKE ALL 10
	207	+	REASONABLE ACTIONS TO ENTER INTO A COMM UNITY BENEFITS AGREE MENT WITH 11
	208	+	A COMMUNITY –BASED ORGANIZATION OR COLL ECTION OF COMMUNITY –BASED 12
	209	+	ORGANIZATIONS REPRES ENTING THE COMMUNITY AFFECTED BY THE PROJ ECT 13
	210	+	THAT: 14
	211	+
	212	+	(1) DETAILS THE CONTRIBU TIONS THAT THE PROJE CT WILL BRING 15
	213	+	TO THE COMMUNITY IN WHICH THE PROJECT WI LL BE LOCATED; 16
	214	+
	215	+	(2) DETAILS ACTIONS TO B E TAKEN TO MITIGATE ADVERSE 17
	216	+	CONDITIONS CAUSED BY THE PROJECT; 18
	217	+
	218	+	(3) PROMOTES INCREASED O PPORTUNITIES FOR LOC AL BUSINESSES 19
	219	+	AND SMALL, MINORITY, WOMEN–OWNED, AND VETERAN –OWNED BUSINESSES IN THE 20
	220	+	ENERGY INDUSTRY ; 21
	221	+
	222	+	(4) PROMOTES SAFE COMP LETION OF THE PROJEC T BY ENSURING 22
	223	+	THAT AT LEAST 80% OF THE CRAFT WORKERS ON THE PROJECT HAVE COMPLETED 23
	224	+	AN OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 10–HOUR OR 30–HOUR 24
	225	+	COURSE; 25
	226	+
	227	+	(5) PROMOTES CAREER TRAI NING OPPORTUNITIES I N THE 26
	228	+	CONSTRUCTION INDUSTR Y FOR LOCAL RESIDENTS , VETERANS, WOMEN, AND 27
	229	+	MINORITIES; 28
	230	+
	231	+	(6) PROVIDES FOR BEST EF FORTS AND EFFECTIVE OUTREACH TO 29
	232	+	OBTAIN, AS A GOAL, THE USE OF A WORKFOR CE INCLUDING MINORIT IES, TO THE 30
	233	+	EXTENT PRACTICABLE , AS SUPPORTED BY A DI SPARITY STUDY; AND 31
	234	+
	235	+	(7) REFLECTS A 21ST–CENTURY LABOR –MANAGEMENT APPROACH 32
	236	+	BASED ON COOPERATION , HARMONY, AND PARTNERSHIP . 33 6 SENATE BILL 418
546	237
547	238
548	239
	240	+	(D) THE DEVELOPER OF A CO VERED PROJECT SHALL ENSURE THAT 1
	241	+	WORKERS ARE PAID NOT LESS THAN T HE PREVAILING WAGE R ATE DETERMINED 2
	242	+	UNDER TITLE 17, SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT 3
	243	+	ARTICLE UNLESS THE COVERED PROJECT IS SUBJECT T O A PROJECT LABOR 4
	244	+	AGREEMENT THAT : 5
549	245
550		-	Approved:
551		-	________________________________________________________________________________
552		-	Governor.
553		-	________________________________________________________________________________
554		-	President of the Senate.
555		-	________________________________________________________________________________
556		-	Speaker of the House of Delegates.
	246	+	(1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE 6
	247	+	COVERED PROJECT THRO UGH THE INCLUSION OF SPECIFICATIONS IN AL L 7
	248	+	RELEVANT SOLICITATIO N PROVISIONS AND CON TRACT DOCUMENTS ; 8
	249	+
	250	+	(2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE 9
	251	+	FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO 10
	252	+	WHETHER THE Y ARE OTHERWISE PART IES TO COLLECTIVE BA RGAINING 11
	253	+	AGREEMENTS ; 12
	254	+
	255	+	(3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF 13
	256	+	EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON THE PROJEC TS; 14
	257	+
	258	+	(4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB 15
	259	+	DISRUPTIONS; 16
	260	+
	261	+	(5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING 17
	262	+	LABOR DISPUTES ; AND 18
	263	+
	264	+	(6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PARTIES 19
	265	+	TO PROMOTE SUCCESSFU L DELIVERY OF THE CO VERED PROJECT . 20
	266	+
	267	+	(E) (1) THE DEVELOPER OF A CO VERED PROJECT SHALL ENSURE THAT 21
	268	+	EACH CONTRACTOR AND SUBCONTRACTOR INVOLV ED IN THE CONSTRUCTI ON OF 22
	269	+	THE PROJECT COMPLETE S A CERTIFICATION TH AT THE CONTRACTOR OR 23
	270	+	SUBCONTRACTOR : 24
	271	+
	272	+	(I) HAS THE NECESSARY RES OURCES TO PERFORM TH E 25
	273	+	PORTION O F THE COVERED PROJEC T TO WHICH THE CONTR ACTOR OR 26
	274	+	SUBCONTRACTOR IS ASSIGNED, INCLUDING THE NECESS ARY TECHNICAL , 27
	275	+	FINANCIAL, AND PERSONNEL RESOUR CES; 28
	276	+
	277	+	(II) HAS ALL REQUIRED LIC ENSES, CERTIFICATIONS , OR 29
	278	+	CREDENTIAL S REQUIRED UNDER STATE OR LOCAL LAW ; 30
	279	+
	280	+	(III) FOR EACH CONSTRUCTIO N TRADE EMPLOYED ON THE 31
	281	+	COVERED PROJECT , PARTICIPATES IN APPR ENTICESHIP TRAINING THROUGH AN 32 SENATE BILL 418 7
	282	+
	283	+
	284	+	APPRENTICESHIP PROGR AM REGISTERED WITH T HE MARYLAND DEPARTMENT OF 1
	285	+	LABOR OR A FEDERALLY RECOG NIZED STATE APPRENTICESHIP AGENCY; 2
	286	+
	287	+	(IV) DURING THE IMMEDIATELY PRECEDIN G 3 YEARS: 3
	288	+
	289	+	1. HAS NOT BEEN DEBARRE D BY ANY GOVERNMENT 4
	290	+	AGENCY; 5
	291	+
	292	+	2. HAS NOT DEFAULTED ON ANY PROJECT; 6
	293	+
	294	+	3. HAS NOT HAD ANY LICE NSE, CERTIFICATION , OR 7
	295	+	OTHER CREDENTIAL REL ATING TO THE BUSINES S REVOKED OR SUSPEND ED; AND 8
	296	+
	297	+	4. HAS NOT BEEN FOUND I N VIOLATION OF ANY L AW 9
	298	+	APPLICABLE TO THE BU SINESS OF THE CONTRACTOR OR SUBCONTRACTOR THAT 10
	299	+	RESULTED IN THE PAYM ENT OF A FINE , BACK PAY DAMAGES , OR ANY OTHER 11
	300	+	PENALTY IN THE AMOUN T OF $10,000 OR MORE; 12
	301	+
	302	+	(V) WILL PAY INDIVIDUALS EMPLOYED ON THE PROJ ECT NOT 13
	303	+	LESS THAN THE APPLIC ABLE WAGE AND FRINGE BENEFIT RATES FOR TH E 14
	304	+	CLASSIFICATION IN WH ICH EACH INDIVIDUAL IS EMPLOYED; AND 15
	305	+
	306	+	(VI) HAS NOT MISCLASSIFIE D AND WILL NOT MISCLASSIFY 16
	307	+	EMPLOYEES AS INDEPEN DENT CONTRACTORS . 17
	308	+
	309	+	(2) (I) THE DEVELOPER OF A CO VERED PROJECT SHALL SUBMIT 18
	310	+	TO THE MARYLAND DEPARTMENT OF LABOR A CERTIFICATION OF COMPLIANCE 19
	311	+	WITH THE REQUIREMENT S OF THIS SUBSECTION NOT LATER THAN 30 DAYS BEFORE 20
	312	+	COMMENCEMENT OF CONS TRUCTION OF THE PROJ ECT. 21
	313	+
	314	+	(II) IF A COVERED PROJECT IS SUBJECT T O A PROJECT LABOR 22
	315	+	AGREEMENT DESCRIBED IN SUBSECTION (D) OF THIS SECTION, THE DEVELOPER OF 23
	316	+	THE COVERED PROJECT SHALL SUBMIT A COPY OF THE PROJECT LABOR 24
	317	+	AGREEMENT WITH THE CERTIFICATION OF COMPLIANCE . 25
	318	+
	319	+	(3) IF A CERTIFICATION CO NTAINS FALSE , MISLEADING, OR 26
	320	+	MATERIALLY INACCURAT E INFORMATION , THE DEVELOPER , CONTRACTOR , OR 27
	321	+	SUBCONTRACTOR THAT E XECUTED THE CERTIFICATION SHALL , AFTER NOTICE AND 28
	322	+	OPPORTUNITY TO BE HE ARD, BE SUBJECT TO DEBARM ENT FROM ENTERING INTO A 29
	323	+	CONTRACT WITH A PUBL IC BODY. 30
	324	+	8 SENATE BILL 418
	325	+
	326	+
	327	+	(4) EACH CONTRACTOR AND S UBCONTRACTOR ON A CO VERED 1
	328	+	PROJECT SHALL BE SUB JECT TO ALL REPORTIN G AND COMPLIANCE REQ UIREMENTS 2
	329	+	OF THIS SECTION AND OTHER STATE LAW. 3
	330	+
	331	+	(5) A CONTRACTOR OR SUBCONTRACTOR THAT V IOLATES THIS 4
	332	+	SUBSECTION SHALL BE SUBJECT TO PENALTIES ESTABLISHED BY THE MARYLAND 5
	333	+	DEPARTMENT OF LABOR BY REGULATION . 6
	334	+
	335	+	(F) (1) THIS SUBSECTION DOES NOT APPLY TO A COVER ED PROJECT FOR 7
	336	+	WHICH THERE IS A PRO JECT LABOR AGREEMENT DESCRIBED IN SUBSECTION (D) OF 8
	337	+	THIS SECTION. 9
	338	+
	339	+	(2) EACH DEVELOPER, CONTRACTOR , AND SUBCONTRACTOR SHALL 10
	340	+	MAINTAIN RECORDS RELATING TO THE WAGES AND HOURS WORKED BY EACH 11
	341	+	INDIVIDUAL PERFORMING THE WORK ON A COVERED PROJECT , INCLUDING: 12
	342	+
	343	+	(I) A SCHEDULE OF THE OCCU PATION OR WORK 13
	344	+	CLASSIFICATION OF EACH INDIVIDUAL W ORKING ON THE PROJEC T; AND 14
	345	+
	346	+	(II) A SCHEDULE OF THE WORK HOURS THAT EACH INDI VIDUAL 15
	347	+	WORKING ON THE PROJE CT PERFORMED WITH SUFFICIENT DETAIL THAT THE 16
	348	+	MARYLAND DEPARTMENT OF LABOR REQUIRES TO ENSURE THE PROPER 17
	349	+	PAYMENTS OF WAGES WERE MAD E. 18
	350	+
	351	+	(3) THE RECORDS SHALL INC LUDE A STATEMENT SIGNED B Y THE 19
	352	+	DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR THAT INDICATES : 20
	353	+
	354	+	(I) THE RECORDS ARE CORRECT ; 21
	355	+
	356	+	(II) THE RATE OF WAGES PA ID TO EACH INDIVIDUAL ARE NOT 22
	357	+	LESS THAN THE PREVAI LING WAGE FOR THAT INDIVIDUAL ’S TRADE; 23
	358	+
	359	+	(III) THE AMOUNT OF WAGES PAID IS NOT LESS THAN THE 24
	360	+	AMOUNT REQUIRED BY THE CONT RACT TO BE PAID; 25
	361	+
	362	+	(IV) THE DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR HAS 26
	363	+	COMPLIED WITH THE AP PLICABLE PROVISIONS OF THIS SECTION; AND 27
	364	+
	365	+	(V) THE DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR DOES 28
	366	+	NOT RECEIVE KICKBACK S FROM AN EMPLOYEE OR EMPLOYEE WELFARE FUN D. 29
	367	+	SENATE BILL 418 9
	368	+
	369	+
	370	+	(4) THE PAYROLL FOR A COVERED PROJEC T SHALL BE CONSIDERED 1
	371	+	A PUBLIC RECORD AND EVERY PERSON HAS THE RIGHT TO INSPECT AND COPY THE 2
	372	+	RECORDS. 3
	373	+
	374	+	(G) THE MARYLAND DEPARTMENT OF LABOR SHALL DISTRIBUTE A LIST TO 4
	375	+	ALL UNITS, DEPARTMENTS , AND POLITICAL SUBDIV ISIONS OF THE STATE 5
	376	+	PROVIDING THE NAMES OF INDIVIDUALS OR FIRMS THAT THE MARYLAND 6
	377	+	DEPARTMENT OF LABOR HAS FOUND TO HA VE: 7
	378	+
	379	+	(1) FAILED TO MEET THE R EQUIREMENTS OF SUBSE CTIONS (C), (D), 8
	380	+	(E), AND (F) OF THIS SECTION; 9
	381	+
	382	+	(2) BEEN DEBARRED BY FEDERAL OR STATE GOVERNMENT ; OR 10
	383	+
	384	+	(3) SUBMITTED FALSE , MISLEADING, OR MATERIALLY INACCU RATE 11
	385	+	INFORMATION UNDER TH IS SECTION. 12
	386	+
	387	+	(H) THE SECRETARY OF LABOR SHALL ADOPT REG ULATIONS 13
	388	+	IMPLEMENTING SUBSECT IONS (C), (D), (E), AND (F) OF THIS SECTION. 14
	389	+
	390	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
	391	+	October 1, 2022. 16