| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING 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 | *sb0170* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 170 | |
| 11 | 8 | C5, K3, M5 3lr0706 | |
| 12 | 9 | SB 418/22 – FIN | |
| 13 | 10 | By: Senator Feldman | |
| 14 | 11 | Introduced and read first time: January 20, 2023 | |
| 15 | 12 | Assigned to: Finance | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 26, 2023 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Energy Generation Projects – Required Labor Standards 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of requiring the developer of a covered project, on the approval of a 3 | |
| 27 | 21 | certificate of public convenience and necessity for the construction of a certain 4 | |
| 28 | 22 | generating station or qualified generator lead line or an exemption from a certain 5 | |
| 29 | 23 | requirement for a certificate of public convenience and necessity, to meet certain 6 | |
| 30 | 24 | labor standards and reporting requirements; establishing certain labor standards 7 | |
| 31 | 25 | and certain certification, reporting, and record–keeping requirements related to the 8 | |
| 32 | 26 | construction of a covered project; subjecting a developer, contractor, or subcontractor 9 | |
| 33 | 27 | to debarment for knowingly submitting a certification with false, misleading, or 10 | |
| 34 | 28 | materially inaccurate information; requiring the Maryland Department of Labor to 11 | |
| 35 | 29 | enforce certain provisions of this Act; and generally relating to energy generation 12 | |
| 36 | 30 | projects. 13 | |
| 37 | 31 | ||
| 38 | 32 | BY adding to 14 | |
| 39 | 33 | Article – Labor and Employment 15 | |
| 40 | 34 | Section 3–718 16 | |
| 41 | 35 | Annotated Code of Maryland 17 | |
| 42 | 36 | (2016 Replacement Volume and 2022 Supplement) 18 | |
| 43 | 37 | ||
| 44 | 38 | BY repealing and reenacting, without amendments, 19 | |
| 45 | 39 | Article – Public Utilities 20 | |
| 46 | 40 | Section 7–207(a)(1), (3), and (5) and (b)(1)(i) and (ii) and 7–207.1(a) and (b)(1) 21 | |
| 47 | 41 | Annotated Code of Maryland 22 | |
| 48 | - | (2020 Replacement Volume and 2022 Supplement) 23 2 SENATE BILL 170 | |
| 42 | + | (2020 Replacement Volume and 2022 Supplement) 23 | |
| 43 | + | ||
| 44 | + | BY adding to 24 | |
| 45 | + | Article – Public Utilities 25 | |
| 46 | + | Section 7–207(h) and 7–207.1(g) 26 | |
| 47 | + | Annotated Code of Maryland 27 | |
| 48 | + | (2020 Replacement Volume and 2022 Supplement) 28 2 SENATE BILL 170 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | ||
| 52 | - | BY adding to 1 | |
| 53 | - | Article – Public Utilities 2 | |
| 54 | - | Section 7–207(h) and 7–207.1(g) 3 | |
| 55 | - | Annotated Code of Maryland 4 | |
| 56 | - | (2020 Replacement Volume and 2022 Supplement) 5 | |
| 52 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 53 | + | That the Laws of Maryland read as follows: 2 | |
| 57 | 54 | ||
| 58 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 59 | - | That the Laws of Maryland read as follows: 7 | |
| 55 | + | Article – Labor and Employment 3 | |
| 60 | 56 | ||
| 61 | - | ||
| 57 | + | 3–718. 4 | |
| 62 | 58 | ||
| 63 | - | 3–718. 9 | |
| 59 | + | (A) (1) IN THIS SECTION , “COVERED PROJECT ” MEANS A GENERATION 5 | |
| 60 | + | STATION WITH A CUMUL ATIVE NAMEPLATE CAPA CITY OF 2 MEGAWATTS OR MORE 6 | |
| 61 | + | FOR WHICH THE PUBLIC SERVICE COMMISSION HAS A PPROVED: 7 | |
| 64 | 62 | ||
| 65 | - | (A) (1) IN THIS SECTION , “COVERED PROJECT ” MEANS A GENERATION 10 | |
| 66 | - | STATION WITH A CUMUL ATIVE NAMEPLATE CAPACIT Y OF 2 MEGAWATTS OR MORE 11 | |
| 67 | - | FOR WHICH THE PUBLIC SERVICE COMMISSION HAS APPROV ED: 12 | |
| 63 | + | (I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 8 | |
| 64 | + | UNDER § 7–207 OF THE PUBLIC UTILITIES ARTICLE; OR 9 | |
| 68 | 65 | ||
| 69 | - | (I) A CERTIFICATE OF PUB LIC CONVENIENCE AND NECESSITY 13 | |
| 70 | - | UNDER § 7–207 OF THE PUBLIC UTILITIES ARTICLE; OR 14 | |
| 66 | + | (II) AN EXEMPTION FROM TH E REQUIREMENT TO OBT AIN A 10 | |
| 67 | + | CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY UNDER § 7–207.1 OF THE 11 | |
| 68 | + | PUBLIC UTILITIES ARTICLE. 12 | |
| 71 | 69 | ||
| 72 | - | (II) AN EXEMPTION FROM TH E REQUIREMENT TO OBT AIN A 15 | |
| 73 | - | CERTIFICATE OF PUBLI C CONVENIENCE AND NE CESSITY UNDER § 7–207.1 OF THE 16 | |
| 74 | - | PUBLIC UTILITIES ARTICLE. 17 | |
| 70 | + | (2) “COVERED PROJECT ” DOES NOT INCLUDE AN OFF–SHORE WIND 13 | |
| 71 | + | PROJECT UNDER § 7–704.1 OF THE PUBLIC UTILITIES ARTICLE. 14 | |
| 75 | 72 | ||
| 76 | - | ( | |
| 77 | - | PROJECT | |
| 73 | + | (B) THIS SECTION APPLIES ONLY TO THE CONSTRUC TION OF A COVERED 15 | |
| 74 | + | PROJECT. 16 | |
| 78 | 75 | ||
| 79 | - | (B) THIS SECTION APPLIES ONLY TO THE CONSTRUCTION OF A COVERED 20 | |
| 80 | - | PROJECT. 21 | |
| 76 | + | (C) THE DEVELOPER OF A CO VERED PROJECT SHALL ENSURE THAT 17 | |
| 77 | + | WORKERS ARE PAID NOT LESS THAN THE PREVAI LING WAGE RATE DETER MINED 18 | |
| 78 | + | UNDER TITLE 17, SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT 19 | |
| 79 | + | ARTICLE UNLESS THE CO VERED PROJECT IS SUB JECT TO A PROJECT LA BOR 20 | |
| 80 | + | AGREEMENT THAT : 21 | |
| 81 | 81 | ||
| 82 | - | (C) THE DEVELOPER OF A CO VERED PROJECT SHALL ENSURE THAT 22 | |
| 83 | - | WORKERS ARE PAID NOT LESS THAN THE PREVAI LING WAGE RATE DETER MINED 23 | |
| 84 | - | UNDER TITLE 17, SUBTITLE 2 OF THE STATE FINANCE AND PROCUREMENT 24 | |
| 85 | - | ARTICLE UNLESS THE CO VERED PROJECT IS SUBJECT T O A PROJECT LABOR 25 | |
| 86 | - | AGREEMENT THAT : 26 | |
| 82 | + | (1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE 22 | |
| 83 | + | COVERED PROJECT THRO UGH THE INCLUSION OF SPECIFICATIONS IN AL L 23 | |
| 84 | + | RELEVANT SOLICITATIO N PROVISIONS AND CON TRACT DOCUMENTS ; 24 | |
| 87 | 85 | ||
| 88 | - | (1) BINDS ALL CONTRACTOR S AND SUBCONTRACTORS ON THE 27 | |
| 89 | - | COVERED PROJECT THRO UGH THE INCLUSION OF SPECIFICATIONS IN AL L 28 | |
| 90 | - | RELEVANT SOLICITATIO N PROVISIONS AND CON TRACT DOCUMENTS ; 29 | |
| 86 | + | (2) ALLOWS ALL CONTRACTO RS AND SUBCONTRACTOR S TO COMPETE 25 | |
| 87 | + | FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHO UT REGARD TO 26 | |
| 88 | + | WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARGAINING 27 | |
| 89 | + | AGREEMENTS ; 28 | |
| 91 | 90 | ||
| 92 | - | (2) ALLOWS ALL CONTRACT ORS AND SUBCONTRACTO RS TO COMPETE 30 | |
| 93 | - | FOR CONTRACTS AND SU BCONTRACTS ON THE PR OJECT WITHOUT REGARD TO 31 | |
| 94 | - | WHETHER THEY ARE OTH ERWISE PARTIES TO CO LLECTIVE BARGAINING 32 | |
| 95 | - | AGREEMENTS ; 33 SENATE BILL 170 3 | |
| 91 | + | (3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF 29 | |
| 92 | + | EMPLOYMENT FOR ALL C ONSTRUCTION LABOR EM PLOYED ON THE PROJEC TS; 30 | |
| 93 | + | SENATE BILL 170 3 | |
| 94 | + | ||
| 95 | + | ||
| 96 | + | (4) GUARANTEES AGAINST S TRIKES, LOCKOUTS, AND SIMILAR JOB 1 | |
| 97 | + | DISRUPTIONS; 2 | |
| 98 | + | ||
| 99 | + | (5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING 3 | |
| 100 | + | LABOR DISPUTES ; AND 4 | |
| 101 | + | ||
| 102 | + | (6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PARTIES 5 | |
| 103 | + | TO PROMOTE SUCCESSFU L DELIVERY OF THE CO VERED PROJECT . 6 | |
| 104 | + | ||
| 105 | + | (D) (1) THE DEVELOPER OF A CO VERED PROJECT SHALL ENSURE THAT 7 | |
| 106 | + | EACH CONTRACTOR AND SUBCONTRACTOR INVOLV ED IN THE CONSTRUCTI ON OF 8 | |
| 107 | + | THE PROJECT COMPLETE S A CERTIFICATION TH AT THE CONTRACTOR OR 9 | |
| 108 | + | SUBCONTRACTOR : 10 | |
| 109 | + | ||
| 110 | + | (I) HAS THE NECESSARY RE SOURCES TO PERFORM T HE 11 | |
| 111 | + | PORTION O F THE COVERED PROJEC T TO WHICH THE CONTR ACTOR OR 12 | |
| 112 | + | SUBCONTRACTOR IS ASS IGNED, INCLUDING THE NECESS ARY TECHNICAL , 13 | |
| 113 | + | FINANCIAL, AND PERSONNEL RESOUR CES; 14 | |
| 114 | + | ||
| 115 | + | (II) HAS ALL REQUIRED LIC ENSES, CERTIFICATIONS , OR 15 | |
| 116 | + | CREDENTIALS REQUIRED UNDER STATE OR LOCAL LAW ; 16 | |
| 117 | + | ||
| 118 | + | (III) FOR EACH CONSTRUCTIO N TRADE EMPLOYED ON THE 17 | |
| 119 | + | COVERED PROJECT , PARTICIPATES IN APPR ENTICESHIP TRAINING THROUGH AN 18 | |
| 120 | + | APPRENTICESHIP PROGR AM REGISTERED WITH T HE MARYLAND DEPARTMENT OF 19 | |
| 121 | + | LABOR OR A FEDERALLY RECOGNIZED STATE APPRENTICESHIP AGENCY; 20 | |
| 122 | + | ||
| 123 | + | (IV) DURING THE IMMEDIATEL Y PRECEDING 3 YEARS: 21 | |
| 124 | + | ||
| 125 | + | 1. HAS NOT BEEN DEBARRE D BY ANY GOVERNMENT 22 | |
| 126 | + | AGENCY; 23 | |
| 127 | + | ||
| 128 | + | 2. HAS NOT DEFAULTED ON ANY PROJECT; 24 | |
| 129 | + | ||
| 130 | + | 3. HAS NOT HAD ANY LICE NSE, CERTIFICATION , OR 25 | |
| 131 | + | OTHER CREDENTIAL REL ATING TO THE BUSINES S REVOKED OR SUSPEND ED; AND 26 | |
| 132 | + | ||
| 133 | + | 4. HAS NOT BEEN FOUND I N VIOLATION OF ANY L AW 27 | |
| 134 | + | APPLICABLE TO THE BU SINESS OF THE CONTRA CTOR OR SUBCONTRACTO R THAT 28 | |
| 135 | + | RESULTED IN THE PAYM ENT OF A FINE , BACK PAY DAMAGES , OR ANY OTHER 29 | |
| 136 | + | PENALTY IN THE AMOUN T OF $10,000 OR MORE; 30 | |
| 137 | + | 4 SENATE BILL 170 | |
| 138 | + | ||
| 139 | + | ||
| 140 | + | (V) WILL PAY INDIVID UALS EMPLOYED ON THE PROJECT NOT 1 | |
| 141 | + | LESS THAN THE APPLIC ABLE WAGE AND FRINGE BENEFIT RATES FOR TH E 2 | |
| 142 | + | CLASSIFICATION IN WH ICH EACH INDIVIDUAL IS EMPLOYED; AND 3 | |
| 143 | + | ||
| 144 | + | (VI) HAS NOT MISCLASSIFIE D AND WILL NOT MISCL ASSIFY 4 | |
| 145 | + | EMPLOYEES AS INDEPEN DENT CONTRACTORS . 5 | |
| 146 | + | ||
| 147 | + | (2) (I) THE DEVELOPER OF A CO VERED PROJECT SHALL SUBMIT 6 | |
| 148 | + | TO THE MARYLAND DEPARTMENT OF LABOR A CERTIFICATION OF COMPLIANCE 7 | |
| 149 | + | WITH THE REQUIREMENT S OF THIS SUBSECTION NOT LATER THAN 30 DAYS BEFORE 8 | |
| 150 | + | COMMENCEMENT OF CONS TRUCTION OF THE PROJ ECT. 9 | |
| 151 | + | ||
| 152 | + | (II) IF A COVERED PROJECT IS SUBJECT T O A PROJECT LABOR 10 | |
| 153 | + | AGREEMENT DESCRIBED IN SUBSECTION (C) OF THIS SECTION, THE DEVELOPER OF 11 | |
| 154 | + | THE COVERED PROJECT SHALL SUBMIT A COPY OF THE PROJECT LABOR 12 | |
| 155 | + | AGREEMENT WITH THE C ERTIFICATION OF COMP LIANCE. 13 | |
| 156 | + | ||
| 157 | + | (3) IF A CERTIFICATION CO NTAINS FALSE, MISLEADING, OR 14 | |
| 158 | + | MATERIALLY INACCURAT E INFORMATION , THE DEVELOPER , CONTRACTOR , OR 15 | |
| 159 | + | SUBCONTRACTOR THAT E XECUTED THE CERTIFIC ATION SHALL, AFTER NOTICE AND 16 | |
| 160 | + | OPPORTUNITY TO BE HE ARD, BE SUBJECT TO DEBARM ENT FROM ENTERING IN TO A 17 | |
| 161 | + | CONTRACT WITH A PUBL IC BODY. 18 | |
| 162 | + | ||
| 163 | + | (4) EACH CONTRACTOR AND S UBCONTRACTOR ON A CO VERED 19 | |
| 164 | + | PROJECT SHALL BE SUB JECT TO ALL REPORTIN G AND COMPLIANCE REQ UIREMENTS 20 | |
| 165 | + | OF THIS SECTION AND OTHER STATE LAW. 21 | |
| 166 | + | ||
| 167 | + | (5) A CONTRACTOR OR SUBCON TRACTOR THAT VIOLATE S THIS 22 | |
| 168 | + | SUBSECTION SHALL BE SUBJECT TO PENALTI ES ESTABLISHED BY TH E MARYLAND 23 | |
| 169 | + | DEPARTMENT OF LABOR BY REGULATION . 24 | |
| 170 | + | ||
| 171 | + | (E) (1) THIS SUBSECTION DOES NOT APPLY TO A COVER ED PROJECT FOR 25 | |
| 172 | + | WHICH THERE IS A PRO JECT LABOR AGREEMENT DESCRIBED IN SUBSECT ION (C) OF 26 | |
| 173 | + | THIS SECTION. 27 | |
| 174 | + | ||
| 175 | + | (2) EACH DEVELOPER , CONTRACTOR , AND SUBCONTRACTOR SHALL 28 | |
| 176 | + | MAINTAIN RECORDS REL ATING TO THE WAGES A ND HOURS WORKED BY E ACH 29 | |
| 177 | + | INDIVIDUAL PERFORMIN G THE WORK ON A COVE RED PROJECT , INCLUDING: 30 | |
| 178 | + | ||
| 179 | + | (I) A SCHEDULE OF THE OC CUPATION OR WORK 31 | |
| 180 | + | CLASSIFICATION OF EA CH INDIVIDUAL WORKIN G ON THE PROJECT ; AND 32 | |
| 181 | + | ||
| 182 | + | (II) A SCHEDULE OF THE WO RK HOURS THAT EACH I NDIVIDUAL 33 | |
| 183 | + | WORKING ON THE PROJE CT PERFORMED WITH SU FFICIENT DETAIL THAT THE 34 SENATE BILL 170 5 | |
| 184 | + | ||
| 185 | + | ||
| 186 | + | MARYLAND DEPARTMENT OF LABOR REQUIRES TO ENS URE THE PROPER 1 | |
| 187 | + | PAYMENTS OF WAGES WE RE MADE. 2 | |
| 188 | + | ||
| 189 | + | (3) THE RECORDS SHALL INC LUDE A STATEMENT SIGNED BY THE 3 | |
| 190 | + | DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR THA T INDICATES: 4 | |
| 191 | + | ||
| 192 | + | (I) THE RECORDS ARE CORR ECT; 5 | |
| 193 | + | ||
| 194 | + | (II) THE RATE OF WAGES PA ID TO EACH INDIVIDUA L ARE NOT 6 | |
| 195 | + | LESS THAN THE PREVAI LING WAGE FOR THAT I NDIVIDUAL’S TRADE; 7 | |
| 196 | + | ||
| 197 | + | (III) THE AMOUNT OF WAGES PAID IS NOT LESS THA N THE 8 | |
| 198 | + | AMOUNT REQUIRED BY T HE CONTRACT TO BE PA ID; 9 | |
| 199 | + | ||
| 200 | + | (IV) THE DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR HAS 10 | |
| 201 | + | COMPLIED WITH THE AP PLICABLE PROVISIONS OF THIS SECTION; AND 11 | |
| 202 | + | ||
| 203 | + | (V) THE DEVELOPER , CONTRACTOR , OR SUBCONTRA CTOR DOES 12 | |
| 204 | + | NOT RECEIVE KICKBACK S FROM AN EMPLOYEE O R EMPLOYEE WELFARE F UND. 13 | |
| 205 | + | ||
| 206 | + | (4) THE PAYROLL FOR A COV ERED PROJECT SHALL B E CONSIDERED 14 | |
| 207 | + | A PUBLIC RECORD AND EVERY PERSON HAS THE RIGHT TO INSPECT AND COPY THE 15 | |
| 208 | + | RECORDS. 16 | |
| 209 | + | ||
| 210 | + | (F) THE MARYLAND DEPARTMENT OF LABOR SHALL DISTRIBUTE A LI ST TO 17 | |
| 211 | + | ALL UNITS, DEPARTMENTS , AND POLITICAL SUBDIV ISIONS OF THE STATE 18 | |
| 212 | + | PROVIDING THE NAMES OF INDIVIDUALS OR FI RMS THAT THE MARYLAND 19 | |
| 213 | + | DEPARTMENT OF LABOR HAS FOUND TO HA VE: 20 | |
| 214 | + | ||
| 215 | + | (1) FAILED TO MEET THE R EQUIREMENTS OF SUBSE CTIONS (C), (D), 21 | |
| 216 | + | AND (E) OF THIS SECTION; 22 | |
| 217 | + | ||
| 218 | + | (2) BEEN DEBARRED BY FED ERAL OR STATE GOVERNMENT ; OR 23 | |
| 219 | + | ||
| 220 | + | (3) SUBMITTED FALSE , MISLEADING, OR MATERIALLY INACCU RATE 24 | |
| 221 | + | INFORMATION UNDER TH IS SECTION. 25 | |
| 222 | + | ||
| 223 | + | (G) THE SECRETARY OF LABOR SHALL ADOPT REG ULATIONS 26 | |
| 224 | + | IMPLEMENTING SUBSECT IONS (C), (D), AND (E) OF THIS SECTION. 27 | |
| 225 | + | ||
| 226 | + | Article – Public Utilities 28 | |
| 227 | + | ||
| 228 | + | 7–207. 29 | |
| 229 | + | ||
| 230 | + | (a) (1) In this section the following words have the meanings indicated. 30 6 SENATE BILL 170 | |
| 96 | 231 | ||
| 97 | 232 | ||
| 98 | 233 | ||
| 99 | - | (3) ESTABLISHES UNIFORM TERMS AND CONDITIONS OF 1 | |
| 100 | - | EMPLOYMENT FOR ALL C ONSTRUCTION LA BOR EMPLOYED ON THE PROJECTS; 2 | |
| 234 | + | (3) (i) “Construction” means: 1 | |
| 101 | 235 | ||
| 102 | - | | |
| 103 | - | ||
| 236 | + | 1. any physical change at a site, including fabrication, 2 | |
| 237 | + | erection, installation, or demolition; or 3 | |
| 104 | 238 | ||
| 105 | - | (5) ESTABLISHES MUTUALLY BINDING PROCEDURES F OR RESOLVING 5 | |
| 106 | - | LABOR DISPUTES ; AND 6 | |
| 239 | + | 2. the entry into a binding agreement or contractual 4 | |
| 240 | + | obligation to purchase equipment exclusively for use in construction in the State or to 5 | |
| 241 | + | undertake a program of actual construction in the State which cannot be canceled or 6 | |
| 242 | + | modified without substantial loss to the owner or operator of the proposed generating 7 | |
| 243 | + | station. 8 | |
| 107 | 244 | ||
| 108 | - | (6) INCLUDES ANY OTHER P ROVISIONS NEGOTIATED BY THE PARTIES 7 | |
| 109 | - | TO PROMOTE SUCCESSFUL D ELIVERY OF THE COVER ED PROJECT. 8 | |
| 245 | + | (ii) “Construction” does not include a change that is needed for the 9 | |
| 246 | + | temporary use of a site or route for nonutility purposes or for use in securing geological 10 | |
| 247 | + | data, including any boring that is necessary to ascertain foundation conditions. 11 | |
| 110 | 248 | ||
| 111 | - | ( | |
| 112 | - | ||
| 113 | - | ||
| 114 | - | ||
| 249 | + | (5) “Qualified generator lead line” means an overhead transmission line 12 | |
| 250 | + | that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state 13 | |
| 251 | + | Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in 14 | |
| 252 | + | Maryland that is owned by an electric company. 15 | |
| 115 | 253 | ||
| 116 | - | (I) HAS THE NECESSARY RE SOURCES TO PERFORM T HE 13 | |
| 117 | - | PORTION OF THE COVER ED PROJECT TO WHICH THE CONTRACTOR OR 14 | |
| 118 | - | SUBCONTRACTOR IS ASS IGNED, INCLUDING THE NECESS ARY TECHNICAL , 15 | |
| 119 | - | FINANCIAL, AND PERSONNEL RESOUR CES; 16 | |
| 254 | + | (b) (1) (i) Unless a certificate of public convenience and necessity for the 16 | |
| 255 | + | construction is first obtained from the Commission, a person may not begin construction in 17 | |
| 256 | + | the State of: 18 | |
| 120 | 257 | ||
| 121 | - | (II) HAS ALL REQUIRED LIC ENSES, CERTIFICATIONS, OR 17 | |
| 122 | - | CREDENTIALS REQUIRED UNDER STATE OR LOCAL LAW ; 18 | |
| 258 | + | 1. a generating station; or 19 | |
| 123 | 259 | ||
| 124 | - | (III) FOR EACH CONSTRUCTIO N TRADE EMPLOYED ON THE 19 | |
| 125 | - | COVERED PROJECT , PARTICIPATES IN APPR ENTICESHIP TRAINING THROUGH AN 20 | |
| 126 | - | APPRENTICESHIP PROGR AM REGISTERED WITH T HE MARYLAND DEPARTMENT OF 21 | |
| 127 | - | LABOR OR A FEDERALLY RECOGNIZED STATE APPRENTICESHIP AGENCY; 22 | |
| 260 | + | 2. a qualified generator lead line. 20 | |
| 128 | 261 | ||
| 129 | - | (IV) DURING THE IMMEDIATE LY PRECEDING 3 YEARS: 23 | |
| 262 | + | (ii) If a person obtains Commission approval for construction under 21 | |
| 263 | + | § 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 22 | |
| 264 | + | obtain a certificate of public convenience and necessity under this section. 23 | |
| 130 | 265 | ||
| 131 | - | 1. HAS NOT BEEN DEBARRE D BY ANY GOVERNMENT 24 | |
| 132 | - | AGENCY; 25 | |
| 266 | + | (H) (1) ON APPROVAL OF A CERT IFICATE OF PUBLIC CO NVENIENCE AND 24 | |
| 267 | + | NECESSITY FOR THE CO NSTRUCTION OF A PROP OSED GENERATING STAT ION THAT 25 | |
| 268 | + | IS A COVERED PROJECT , AS DEFINED IN § 3–718 OF THE LABOR AND EMPLOYMENT 26 | |
| 269 | + | ARTICLE, THE DEVELOPER OF THE PROPOSED GENERATING STATION SHALL MEET 27 | |
| 270 | + | THE REQUIREMENTS OF § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE. 28 | |
| 133 | 271 | ||
| 134 | - | 2. HAS NOT DEFAULTED ON ANY PROJECT; 26 | |
| 272 | + | (2) THE MARYLAND DEPARTMENT OF LABOR SHALL ENFORCE T HIS 29 | |
| 273 | + | SUBSECTION. 30 | |
| 135 | 274 | ||
| 136 | - | 3. HAS NOT HAD ANY LICE NSE, CERTIFICATION , OR 27 | |
| 137 | - | OTHER CREDENTIAL REL ATING TO THE BUSINES S REVOKED OR SUSPEND ED; AND 28 | |
| 275 | + | 7–207.1. 31 | |
| 138 | 276 | ||
| 139 | - | | |
| 140 | - | ||
| 277 | + | (a) This section applies to a person who: 32 | |
| 278 | + | SENATE BILL 170 7 | |
| 141 | 279 | ||
| 142 | 280 | ||
| 143 | - | RESULTED IN THE PAYM ENT OF A FINE, BACK PAY DAMAGES , OR ANY OTHER 1 | |
| 144 | - | PENALTY IN THE AMOUN T OF $10,000 OR MORE; 2 | |
| 281 | + | (1) constructs a generating station: 1 | |
| 145 | 282 | ||
| 146 | - | (V) WILL PAY INDIVIDUALS EMPLOYED ON THE PROJ ECT NOT 3 | |
| 147 | - | LESS THAN THE APPLIC ABLE WAGE AND FRINGE BENEFIT RATES FOR TH E 4 | |
| 148 | - | CLASSIFICATION IN WH ICH EACH INDIVIDUAL IS EMPLOYED; AND 5 | |
| 283 | + | (i) designed to provide on–site generated electricity if: 2 | |
| 149 | 284 | ||
| 150 | - | | |
| 151 | - | ||
| 285 | + | 1. the capacity of the generating station does not exceed 70 3 | |
| 286 | + | megawatts; and 4 | |
| 152 | 287 | ||
| 153 | - | | |
| 154 | - | TO THE | |
| 155 | - | WITH THE | |
| 156 | - | ||
| 288 | + | 2. the electricity that may be exported for sale from the 5 | |
| 289 | + | generating station to the electric system is sold only on the wholesale market pursuant to 6 | |
| 290 | + | an interconnection, operation, and maintenance agreement with the local electric company; 7 | |
| 291 | + | or 8 | |
| 157 | 292 | ||
| 158 | - | (II) IF A COVERED PROJECT IS SUBJECT TO A PROJ ECT LABOR 12 | |
| 159 | - | AGREEMENT DESCRIBED IN SUBSECTION (C) OF THIS SECTION, THE DEVELOPER OF 13 | |
| 160 | - | THE COVERED PROJECT SHALL SUBMIT A COPY OF THE PROJECT LABOR 14 | |
| 161 | - | AGREEMENT WITH THE C ERTIFICATION OF COMP LIANCE. 15 | |
| 293 | + | (ii) that produces electricity from wind if: 9 | |
| 162 | 294 | ||
| 163 | - | (3) IF A CERTIFICATION CO NTAINS FALSE , MISLEADING, OR 16 | |
| 164 | - | MATERIALLY INACCURAT E INFORMATION , THE DEVELOPER , CONTRACTOR , OR 17 | |
| 165 | - | SUBCONTRACTOR THAT E XECUTED THE CERTIFIC ATION SHALL, AFTER NOTIC E AND 18 | |
| 166 | - | OPPORTUNITY TO BE HE ARD, BE SUBJECT TO DEBARM ENT FROM ENTERING IN TO A 19 | |
| 167 | - | CONTRACT WITH A PUBL IC BODY. 20 | |
| 295 | + | 1. the generating station is land–based; 10 | |
| 168 | 296 | ||
| 169 | - | (4) EACH CONTRACTOR AND S UBCONTRACTOR ON A CO VERED 21 | |
| 170 | - | PROJECT SHALL BE SUB JECT TO ALL REPORTIN G AND COMPLIANCE REQ UIREMENTS 22 | |
| 171 | - | OF THIS SECTION AND OTHER STATE LAW. 23 | |
| 297 | + | 2. the capacity of the generating station does not exceed 70 11 | |
| 298 | + | megawatts; 12 | |
| 172 | 299 | ||
| 173 | - | | |
| 174 | - | ||
| 175 | - | ||
| 300 | + | 3. the electricity that may be exported for sale from the 13 | |
| 301 | + | generating station to the electric system is sold only on the wholesale market pursuant to 14 | |
| 302 | + | an interconnection, operation, and maintenance agreement with the local electric company; 15 | |
| 176 | 303 | ||
| 177 | - | (E) (1) THIS SUBSECTION DOES NOT APPLY TO A COVER ED PROJECT FOR 27 | |
| 178 | - | WHICH THERE IS A PROJECT LABOR AGREEM ENT DESCRIBED IN SUB SECTION (C) OF 28 | |
| 179 | - | THIS SECTION. 29 | |
| 304 | + | 4. the Commission provides an opportunity for public 16 | |
| 305 | + | comment at a public hearing as provided in subsection (f) of this section; and 17 | |
| 180 | 306 | ||
| 181 | - | (2) EACH DEVELOPER , CONTRACTOR , AND SUBCONTRACTOR SH ALL 30 | |
| 182 | - | MAINTAIN RECORDS REL ATING TO THE WAGES A ND HOURS WORKED BY E ACH 31 | |
| 183 | - | INDIVIDUAL PERFORMIN G THE WORK ON A COVE RED PROJECT , INCLUDING: 32 | |
| 307 | + | 5. the generating station’s wind turbines are not located 18 | |
| 308 | + | within a distance from the Patuxent River Naval Air Station that is determined by 19 | |
| 309 | + | regulations adopted by the Commission in coordination with the Commander, Naval Air 20 | |
| 310 | + | Warfare Center Aircraft Division, provided that the distance requirement under the 21 | |
| 311 | + | regulation is: 22 | |
| 184 | 312 | ||
| 185 | - | (I) A SCHEDULE OF THE OC CUPATION OR WORK 33 | |
| 186 | - | CLASSIFICATION OF EA CH INDIVIDUAL WORKIN G ON THE PROJECT ; AND 34 SENATE BILL 170 5 | |
| 313 | + | A. not greater than is necessary to encompass an area in 23 | |
| 314 | + | which utility scale wind turbines could create Doppler radar interference for missions at 24 | |
| 315 | + | the Patuxent River Naval Air Station; 25 | |
| 316 | + | ||
| 317 | + | B. not greater than 46 miles, measured from location 26 | |
| 318 | + | 38.29667N, 76.37668W; and 27 | |
| 319 | + | ||
| 320 | + | C. subject to modification if necessary to reflect changes in 28 | |
| 321 | + | missions or technology at the Patuxent River Naval Air Station or changes in wind energy 29 | |
| 322 | + | technology; or 30 | |
| 323 | + | ||
| 324 | + | (2) constructs a generating station if: 31 | |
| 325 | + | ||
| 326 | + | (i) the capacity of the generating station does not exceed 25 32 | |
| 327 | + | megawatts; 33 8 SENATE BILL 170 | |
| 187 | 328 | ||
| 188 | 329 | ||
| 189 | 330 | ||
| 190 | - | (II) | |
| 191 | - | ||
| 192 | - | ||
| 193 | - | ||
| 331 | + | (ii) the electricity that may be exported for sale from the generating 1 | |
| 332 | + | station to the electric system is sold only on the wholesale market pursuant to an 2 | |
| 333 | + | interconnection, operation, and maintenance agreement with the local electric company; 3 | |
| 334 | + | and 4 | |
| 194 | 335 | ||
| 195 | - | ( | |
| 196 | - | ||
| 336 | + | (iii) at least 10% of the electricity generated at the generating station 5 | |
| 337 | + | each year is consumed on–site. 6 | |
| 197 | 338 | ||
| 198 | - | (I) THE RECORDS ARE CORR ECT; 7 | |
| 339 | + | (b) (1) The Commission shall require a person that is exempted from the 7 | |
| 340 | + | requirement to obtain a certificate of public convenience and necessity to obtain approval 8 | |
| 341 | + | from the Commission under this section before the person may construct a generating 9 | |
| 342 | + | station described in subsection (a) of this section. 10 | |
| 199 | 343 | ||
| 200 | - | (II) THE RATE OF WAGES PA ID TO EACH INDIVIDUA L ARE NOT 8 | |
| 201 | - | LESS THAN THE PREVAI LING WAGE FOR THAT I NDIVIDUAL’S TRADE; 9 | |
| 344 | + | (G) (1) ON APPROVAL OF AN EXE MPTION FROM THE REQU IREMENT TO 11 | |
| 345 | + | OBTAIN A CERTIFICATE OF PUBLIC CONVENIENC E AND NECESSITY FOR THE 12 | |
| 346 | + | CONSTRUCTION OF A PR OPOSED GENERATING ST ATION THAT IS A COVE RED 13 | |
| 347 | + | PROJECT, AS DEFINED IN § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE, THE 14 | |
| 348 | + | DEVELOPER OF THE PRO POSED GENERATING STA TION SHALL MEET THE 15 | |
| 349 | + | REQUIREMENTS OF § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE. 16 | |
| 202 | 350 | ||
| 203 | - | ( | |
| 204 | - | ||
| 351 | + | (2) THE MARYLAND DEPARTMENT OF LABOR SHALL ENFORCE T HIS 17 | |
| 352 | + | SUBSECTION. 18 | |
| 205 | 353 | ||
| 206 | - | (IV) THE DEVELOPER , CONTRACTOR , OR SUBCON TRACTOR HAS 12 | |
| 207 | - | COMPLIED WITH THE AP PLICABLE PROVISIONS OF THIS SECTION; AND 13 | |
| 208 | - | ||
| 209 | - | (V) THE DEVELOPER , CONTRACTOR , OR SUBCONTRACTOR DOE S 14 | |
| 210 | - | NOT RECEIVE KICKBACK S FROM AN EMPLOYEE O R EMPLOYEE WELFARE F UND. 15 | |
| 211 | - | ||
| 212 | - | (4) THE PAYROLL FOR A COV ERED PROJECT SHALL B E CONSIDERED 16 | |
| 213 | - | A PUBLIC RECORD AND EVERY PERSON HAS THE RIGHT TO INSPECT AND COPY THE 17 | |
| 214 | - | RECORDS. 18 | |
| 215 | - | ||
| 216 | - | (F) THE MARYLAND DEPARTMENT OF LABOR SHALL DISTRIBUT E A LIST TO 19 | |
| 217 | - | ALL UNITS, DEPARTMENTS , AND POLITICAL SUBDIV ISIONS OF THE STATE 20 | |
| 218 | - | PROVIDING THE NAMES OF INDIVIDUALS OR FI RMS THAT THE MARYLAND 21 | |
| 219 | - | DEPARTMENT OF LABOR HAS FOUND TO HA VE: 22 | |
| 220 | - | ||
| 221 | - | (1) FAILED TO MEET THE R EQUIREMENTS OF SUBSE CTIONS (C), (D), 23 | |
| 222 | - | AND (E) OF THIS SECTION; 24 | |
| 223 | - | ||
| 224 | - | (2) BEEN DEBARRED BY FED ERAL OR STATE GOVERNMENT ; OR 25 | |
| 225 | - | ||
| 226 | - | (3) SUBMITTED FALSE , MISLEADING, OR MATERIALLY INAC CURATE 26 | |
| 227 | - | INFORMATION UNDER TH IS SECTION. 27 | |
| 228 | - | ||
| 229 | - | (G) THE SECRETARY OF LABOR SHALL ADOPT REG ULATIONS 28 | |
| 230 | - | IMPLEMENTING SUBSECT IONS (C), (D), AND (E) OF THIS SECTION. 29 | |
| 231 | - | ||
| 232 | - | Article – Public Utilities 30 | |
| 233 | - | 6 SENATE BILL 170 | |
| 234 | - | ||
| 235 | - | ||
| 236 | - | 7–207. 1 | |
| 237 | - | ||
| 238 | - | (a) (1) In this section the following words have the meanings indicated. 2 | |
| 239 | - | ||
| 240 | - | (3) (i) “Construction” means: 3 | |
| 241 | - | ||
| 242 | - | 1. any physical change at a site, including fabrication, 4 | |
| 243 | - | erection, installation, or demolition; or 5 | |
| 244 | - | ||
| 245 | - | 2. the entry into a binding agreement or contractual 6 | |
| 246 | - | obligation to purchase equipment exclusively for use in construction in the State or to 7 | |
| 247 | - | undertake a program of actual construction in the State which cannot be canceled or 8 | |
| 248 | - | modified without substantial loss to the owner or operator of the proposed generating 9 | |
| 249 | - | station. 10 | |
| 250 | - | ||
| 251 | - | (ii) “Construction” does not include a change that is needed for the 11 | |
| 252 | - | temporary use of a site or route for nonutility purposes or for use in securing geological 12 | |
| 253 | - | data, including any boring that is necessary to ascertain foundation conditions. 13 | |
| 254 | - | ||
| 255 | - | (5) “Qualified generator lead line” means an overhead transmission line 14 | |
| 256 | - | that is designed to carry a voltage in excess of 69,000 volts and would allow an out–of–state 15 | |
| 257 | - | Tier 1 or Tier 2 renewable source to interconnect with a portion of the electric system in 16 | |
| 258 | - | Maryland that is owned by an electric company. 17 | |
| 259 | - | ||
| 260 | - | (b) (1) (i) Unless a certificate of public convenience and necessity for the 18 | |
| 261 | - | construction is first obtained from the Commission, a person may not begin construction in 19 | |
| 262 | - | the State of: 20 | |
| 263 | - | ||
| 264 | - | 1. a generating station; or 21 | |
| 265 | - | ||
| 266 | - | 2. a qualified generator lead line. 22 | |
| 267 | - | ||
| 268 | - | (ii) If a person obtains Commission approval for construction under 23 | |
| 269 | - | § 7–207.1 of this subtitle, the Commission shall exempt a person from the requirement to 24 | |
| 270 | - | obtain a certificate of public convenience and necessity under this section. 25 | |
| 271 | - | ||
| 272 | - | (H) (1) ON APPROVAL OF A CERTIFIC ATE OF PUBLIC CONVEN IENCE AND 26 | |
| 273 | - | NECESSITY FOR THE CO NSTRUCTION OF A PROP OSED GENERATING STAT ION THAT 27 | |
| 274 | - | IS A COVERED PROJECT , AS DEFINED IN § 3–718 OF THE LABOR AND EMPLOYMENT 28 | |
| 275 | - | ARTICLE, THE DEVELOPER OF THE PROPOSED GENERATING STATION SHALL M EET 29 | |
| 276 | - | THE REQUIREMENTS OF § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE. 30 | |
| 277 | - | ||
| 278 | - | (2) THE MARYLAND DEPARTMENT OF LABOR SHALL ENFORCE T HIS 31 | |
| 279 | - | SUBSECTION. 32 | |
| 280 | - | ||
| 281 | - | 7–207.1. 33 SENATE BILL 170 7 | |
| 282 | - | ||
| 283 | - | ||
| 284 | - | ||
| 285 | - | (a) This section applies to a person who: 1 | |
| 286 | - | ||
| 287 | - | (1) constructs a generating station: 2 | |
| 288 | - | ||
| 289 | - | (i) designed to provide on–site generated electricity if: 3 | |
| 290 | - | ||
| 291 | - | 1. the capacity of the generating station does not exceed 70 4 | |
| 292 | - | megawatts; and 5 | |
| 293 | - | ||
| 294 | - | 2. the electricity that may be exported for sale from the 6 | |
| 295 | - | generating station to the electric system is sold only on the wholesale market pursuant to 7 | |
| 296 | - | an interconnection, operation, and maintenance agreement with the local electric company; 8 | |
| 297 | - | or 9 | |
| 298 | - | ||
| 299 | - | (ii) that produces electricity from wind if: 10 | |
| 300 | - | ||
| 301 | - | 1. the generating station is land–based; 11 | |
| 302 | - | ||
| 303 | - | 2. the capacity of the generating station does not exceed 70 12 | |
| 304 | - | megawatts; 13 | |
| 305 | - | ||
| 306 | - | 3. the electricity that may be exported for sale from the 14 | |
| 307 | - | generating station to the electric system is sold only on the wholesale market pursuant to 15 | |
| 308 | - | an interconnection, operation, and maintenance agreement with the local electric company; 16 | |
| 309 | - | ||
| 310 | - | 4. the Commission provides an opportunity for public 17 | |
| 311 | - | comment at a public hearing as provided in subsection (f) of this section; and 18 | |
| 312 | - | ||
| 313 | - | 5. the generating station’s wind turbines are not located 19 | |
| 314 | - | within a distance from the Patuxent River Naval Air Station that is determined by 20 | |
| 315 | - | regulations adopted by the Commission in coordination with the Commander, Naval Air 21 | |
| 316 | - | Warfare Center Aircraft Division, provided that the distance requirement under the 22 | |
| 317 | - | regulation is: 23 | |
| 318 | - | ||
| 319 | - | A. not greater than is necessary to encompass an area in 24 | |
| 320 | - | which utility scale wind turbines could create Doppler radar interference for missions at 25 | |
| 321 | - | the Patuxent River Naval Air Station; 26 | |
| 322 | - | ||
| 323 | - | B. not greater than 46 miles, measured from location 27 | |
| 324 | - | 38.29667N, 76.37668W; and 28 | |
| 325 | - | ||
| 326 | - | C. subject to modification if necessary to reflect changes in 29 | |
| 327 | - | missions or technology at the Patuxent River Naval Air Station or changes in wind energy 30 | |
| 328 | - | technology; or 31 | |
| 329 | - | ||
| 330 | - | (2) constructs a generating station if: 32 8 SENATE BILL 170 | |
| 331 | - | ||
| 332 | - | ||
| 333 | - | ||
| 334 | - | (i) the capacity of the generating station does not exceed 25 1 | |
| 335 | - | megawatts; 2 | |
| 336 | - | ||
| 337 | - | (ii) the electricity that may be exported for sale from the generating 3 | |
| 338 | - | station to the electric system is sold only on the wholesale market pursuant to an 4 | |
| 339 | - | interconnection, operation, and maintenance agreement with the local electric company; 5 | |
| 340 | - | and 6 | |
| 341 | - | ||
| 342 | - | (iii) at least 10% of the electricity generated at the generating station 7 | |
| 343 | - | each year is consumed on–site. 8 | |
| 344 | - | ||
| 345 | - | (b) (1) The Commission shall require a person that is exempted from the 9 | |
| 346 | - | requirement to obtain a certificate of public convenience and necessity to obtain approval 10 | |
| 347 | - | from the Commission under this section before the person may construct a generating 11 | |
| 348 | - | station described in subsection (a) of this section. 12 | |
| 349 | - | ||
| 350 | - | (G) (1) ON APPROVAL OF AN EXE MPTION FROM THE REQU IREMENT TO 13 | |
| 351 | - | OBTAIN A CERTIFICAT E OF PUBLIC CONVENIE NCE AND NECESSITY FO R THE 14 | |
| 352 | - | CONSTRUCTION OF A PR OPOSED GENERATING ST ATION THAT IS A COVE RED 15 | |
| 353 | - | PROJECT, AS DEFINED IN § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE, THE 16 | |
| 354 | - | DEVELOPER OF THE PRO POSED GENERATING STA TION SHALL MEET THE 17 | |
| 355 | - | REQUIREMENTS O F § 3–718 OF THE LABOR AND EMPLOYMENT ARTICLE. 18 | |
| 356 | - | ||
| 357 | - | (2) THE MARYLAND DEPARTMENT OF LABOR SHALL ENFORCE T HIS 19 | |
| 358 | - | SUBSECTION. 20 | |
| 359 | - | ||
| 360 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 21 | |
| 361 | - | apply only prospectively and may not be applied or interpreted to have any effect on or 22 | |
| 362 | - | application to any covered projects, as defined in § 3–718 of the Labor and Employment 23 | |
| 363 | - | Article, as enacted by Section 1 of this Act, that received approval of a certificate of public 24 | |
| 364 | - | convenience and necessity before the effective date of this Act. 25 | |
| 365 | - | ||
| 366 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 | |
| 367 | - | October 1, 2023. 27 | |
| 354 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 | |
| 355 | + | October 1, 2023. 20 | |
| 368 | 356 |