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Chapter 431
(House Bill 1296)
AN ACT concerning
Electricity – Offshore Wind Projects – Alterations
FOR the purpose of requiring the Public Service Commission to open a certain proceeding
to evaluate certain offshore wind projects; authorizing certain offshore wind projects
to submit certain revised plans for project schedules, sizes, or pricing, including
offshore wind renewable energy credit pricing and, under certain circumstances, to
seek approval from the Commission to increase the maximum amount of offshore
wind renewable energy credits sold under a certain order, subject to certain
limitations; requiring the Commission to approve, conditionally approve, or deny
certain applications within a certain period of time; authorizing the Maryland
Energy Administration to have access to certain confidential information under
certain circumstances; requiring the Commission to develop and report to the
General Assembly on a certain plan; requiring the Commission to issue certain
procurement solicitations and a certain procurement on or before a certain date;
requiring a certain procurement contract to include certain terms; altering the
Department of General Services’ requirements and processes for the procurement of
offshore wind energy; and generally relating to offshore wind projects.
BY repealing and reenacting, without amendments,
Article – Public Utilities
Section 7–701(a), (b), (f), (g), (k), (p), and (p–1) and, and 7–704.1(a), (c)(6)(ii), (g), (h),
and (i), and 7–704.4(d)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY adding to
Article – Public Utilities
Section 7–704.1(l) and (m)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Public Utilities
Section 7–704.4(b)(1) and (e) 7–704.4
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Utilities Ch. 431 2024 LAWS OF MARYLAND
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7–701.
(a) In this subtitle the following words have the meanings indicated.
(b) “Administration” means the Maryland Energy Administration.
(f) “Offshore wind energy” means energy generated by a qualified offshore wind
project.
(g) “Offshore wind renewable energy credit” or “OREC” means a renewable
energy credit equal to the generation attributes of 1 megawatt–hour of electricity that is
derived from offshore wind energy.
(k) “Qualified offshore wind project” means a wind turbine electricity generation
facility, including the associated transmission–related interconnection facilities and
equipment, that:
(1) is located:
(i) on the outer continental shelf of the Atlantic Ocean in an area
that the United States Department of the Interior designates for leasing; and
(ii) more than 10 miles off the coast of the State for a project selected
under § 7–704.4 of this subtitle or approved under § 7–704.1 of this subtitle after June 1,
2023; and
(2) interconnects to the PJM Interconnection grid:
(i) at a point located on the Delmarva Peninsula; or
(ii) through an offshore wind transmission project selected under §
7–704.3 of this subtitle.
(p) “Round 1 offshore wind project” means a qualified offshore wind project that:
(1) is between 10 and 30 miles off the coast of the State; and
(2) the Commission approved under § 7–704.1 of this subtitle before July
1, 2017.
(p–1) “Round 2 offshore wind project” means a qualified offshore wind project that:
(1) is not less than 10 miles off the coast of the State; and
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(2) the Commission approves under § 7–704.1 of this subtitle on or after
July 1, 2017.
7–704.1.
(a) (1) The General Assembly finds and declares that:
(i) the State has a goal of reaching 8,500 megawatts of offshore wind
energy capacity by 2031, including Round 1 offshore wind projects, Round 2 offshore wind
projects, and any other procurement efforts;
(ii) the General Assembly anticipates the issuance of sufficient wind
energy leases in the central Atlantic region to satisfy the goal stated in item (i) of this
paragraph;
(iii) the development of offshore wind energy is important to the
economic well–being of the State and the nation;
(iv) offshore wind can provide clean energy at the scale needed to
help achieve the State’s economy–wide net–zero greenhouse gas emissions reduction
targets established in Chapter 38 of the Acts of the General Assembly of 2022;
(v) it is in the public interest of the State to facilitate the
construction of at least 1,200 megawatts of Round 2 offshore wind projects in order to:
1. position the State to take advantage of the economic
development benefits of the emerging offshore wind industry;
2. promote the development of renewable energy sources
that increase the nation’s independence from foreign sources of fossil fuels;
3. reduce the adverse environmental and health impacts of
traditional fossil fuel energy sources; and
4. provide a long–term hedge against volatile prices of fossil
fuels; and
(vi) it is in the public interest of the State to maximize the
opportunities for obtaining and using federal funds for offshore wind and related
transmission projects through the inclusion of specified labor standards and goals, domestic
content requirements, and other provisions to align State law with provisions of the federal
Infrastructure Investment and Jobs Act of 2021 and the federal Inflation Reduction Act of
2022.
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(2) After the effective date of Commission regulations implementing this
section and § 7–704.2 of this subtitle, and before June 30, 2017, a person may submit an
application to the Commission for approval of a proposed Round 1 offshore wind project.
(3) (i) On receipt of the application for approval of a Round 1 offshore
wind project, the Commission shall:
1. open an application period when other interested persons
may submit applications for approval of Round 1 offshore wind projects; and
2. provide notice that the Commission is accepting
applications for approval of Round 1 offshore wind projects.
(ii) The Commission shall set the closing date for the application
period to be no sooner than 90 days after the notice provided under subparagraph (i) of this
paragraph.
(4) The Commission shall provide additional application periods
beginning, respectively:
(i) January 1, 2020, for consideration of Round 2 offshore wind
projects to begin creating ORECs not later than 2026;
(ii) January 1, 2021, for consideration of Round 2 offshore wind
projects to begin creating ORECs not later than 2028; and
(iii) January 1, 2022, for consideration of Round 2 offshore wind
projects to begin creating ORECs not later than 2030.
(5) In its discretion, the Commission may provide for additional application
periods that meet the requirements of this section.
(c) An application shall include:
(6) a commitment to:
(ii) deposit at least $6,000,000, in the manner required under
subsection (h) of this section, into the Maryland Offshore Wind Business Development
Fund established under § 9–20C–03 of the State Government Article;
(g) (1) An order the Commission issues approving a proposed offshore wind
project shall:
(i) specify the OREC price schedule, which may not authorize an
OREC price greater than, for a Round 1 offshore wind project, $190 per megawatt–hour in
2012 dollars; WES MOORE, Governor Ch. 431
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(ii) specify the duration of the OREC pricing schedule, not to exceed
20 years;
(iii) specify the number of ORECs the offshore wind project may sell
each year;
(iv) provide that:
1. a payment may not be made for an OREC until electricity
supply is generated by the offshore wind project; and
2. ratepayers, purchasers of ORECs, and the State shall be
held harmless for any cost overruns associated with the offshore wind project; and
(v) require that any debt instrument issued in connection with a
qualified offshore wind project include language specifying that the debt instrument does
not establish a debt, obligation, or liability of the State.
(2) An order approving a proposed offshore wind project vests the owner of
the qualified offshore wind project with the right to receive payments for ORECs according
to the terms in the order.
(3) On or before March 1 each year, the Commission shall report to the
Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate
Committee on Education, Energy, and the Environment and the House Economic Matters
Committee on:
(i) compliance by applicants with the minority business enterprise
participation goals under subsection (e)(4) of this section; and
(ii) with respect to the community benefit agreement under
subsection (f)(1) of this section:
1. the availability and use of opportunities for local
businesses and small, minority, women–owned, and veteran–owned businesses;
2. the success of efforts to promote career training
opportunities in the manufacturing, maintenance, and construction industries for local
residents, veterans, women, and minorities; and
3. compliance with the minority workforce goal under
subsection (f)(1)(i)5 of this section.
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(h) For Round 2 offshore wind project applications, the Commission shall approve
OREC orders representing a minimum of 400 megawatts of nameplate capacity proposed
during each application period unless:
(1) not enough Round 2 offshore wind project applications are submitted to
meet the net benefit test under subsection (c)(3) of this section; or
(2) the cumulative net ratepayer impact exceeds the maximums provided
in subsection (f)(1)(ii)2 of this section.
(i) (1) Within 60 days after the Commission approves the application of a
proposed offshore wind project, the qualified offshore wind project shall deposit $2,000,000
into the Maryland Offshore Wind Business Development Fund established under §
9–20C–03 of the State Government Article.
(2) Within 1 year after the initial deposit under paragraph (1) of this
subsection, the qualified offshore wind project shall deposit an additional $2,000,000 into
the Maryland Offshore Wind Business Development Fund.
(3) Within 2 years after the initial deposit under paragraph (1) of this
subsection, the qualified offshore wind project shall deposit an additional $2,000,000 into
the Maryland Offshore Wind Business Development Fund.
(L) (1) IN THIS SUBSECTION , “REVISED ROUND 2 OFFSHORE WIND
PROJECT” MEANS A ROUND 2 OFFSHORE WIND PROJECT THAT HAS FILED AN
APPLICATION WITH THE COMMISSION FOR REVISE D PROJECT SCHEDULES , SIZES,
OR PRICING, INCLUDING OREC PRICING, UNDER THIS SUBSECTIO N.
(2) THIS SUBSECTION APPLI ES TO ROUND 1 OFFSHORE WIND
PROJECTS AND ROUND 2 OFFSHORE WIND PRO JECTS THAT:
(I) ARE TO BE LOCATED IN A WIND ENERGY AREA A UTHORIZED
BY THE BUREAU OF OCEAN ENERGY MANAGEMENT ; AND
(II) POSSESS ORECS, OR ARE SUBJECT TO A COMMISSION
ORDER APPROVING AN OREC PRICE SCHEDULE , AS OF JUNE 1, 2024.
(3) (I) ON JUNE 1, 2024, THE COMMISSION SHALL OPEN A
REVISED ROUND 2 OFFSHORE WIND PROJEC T PROCEEDING THAT IS LIMITED TO
EVALUATING REVISED P ROJECT SCHEDULES , SIZES, OR PRICING, INCLUDING
OREC PRICING, FOR A PREVIOUSLY APP ROVED ROUND 2 OFFSHORE WIND
PROJECT.
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(II) ANY PREVIOUSLY APPROVED ROUND 2 OFFSHORE WIND
PROJECT MAY SUBMIT A REVISED PLAN FOR THE PROJECT BY FILING AN
APPLICATION WITH THE COMMISSION.
(III) AN APPLICATION FOR A REVISED ROUND 2 OFFSHORE WIND
PROJECT SHALL BE LIM ITED TO ADDRESSING R EVISED PROJECT SCHEDULES, SIZES,
OR PRICING, INCLUDING OREC PRICING.
(IV) 1. ON RECEIPT OF AN APPL ICATION FOR APPROVAL OF
A REVISED ROUND 2 OFFSHORE WIND PROJEC T, THE COMMISSION SHALL COND UCT
AN EXPEDITED REVIEW OF THE APPLICATION .
2. UNLESS EXTENDED BY MU TUAL CONSENT OF THE
PARTIES, THE COMMISSION SHALL APPR OVE, CONDITIONALLY APPROV E, OR DENY
AN APPLICATION WITHI N 90 DAYS AFTER THE APPLI CATION IS FILED AND FOUND BY
THE COMMISSION TO BE ADMI NISTRATIVELY COMPLET E.
(V) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPHS 2 AND
3 OF THIS SUBPARAGRAPH , AN APPLICATION FOR A REVISED ROUND 2 OFFSHORE
WIND PROJECT SHALL B E SUBJECT TO ALL CRI TERIA SET FORTH IN T HIS SECTION
FOR ROUND 2 OFFSHORE WIND PROJEC TS.
2. AN APPLICATION FOR A REVISED ROUND 2
OFFSHORE WIND PROJEC T IS NOT SUBJECT TO THE RE QUIREMENTS OF
SUBSECTIONS (C)(6)(II) AND (I) OF THIS SECTION.
3. IF IN A REVISED ROUND 2 OFFSHORE WIND PROJEC T
PROCEEDING THE COMMISSION REVIEWS MU LTIPLE REASONABLE PR OPOSALS
MEETING THE REQUIREM ENTS OF THIS SECTION FOR ROUND 2 OFFSHORE WIND
PROJECTS, THE COMMISSION SHALL ISSU E ORDERS APPROVING T HE REVISED
ROUND 2 OFFSHORE WIND PROJEC TS NECESSARY TO FACI LITATE AS MUCH ENERG Y
CAPACITY AS IS CONSI STENT WITH THE ROUND 2 OFFSHORE WIND PROJEC T
RATEPAYER PROTECTION S UNDER THIS SECTION , INCLUDING AT LEAST 800
MEGAWATTS OF CAPACIT Y FROM REVISED ROUND 2 OFFSHORE WIND PROJEC TS, IF
PRACTICABLE , EVEN IF THE REVISED ROUND 2 OFFSHORE WIND PROJEC T
APPLICATIONS MAY RES ULT IN LOWER TOTAL E NERGY CAPACITY AWARD ED THAN
WAS PREVIOUSLY AWARD ED TO THE REVI SED ROUND 2 OFFSHORE WIND PROJEC T
IN ITS PREVIOUSLY AP PROVED ROUND 2 OFFSHORE WIND PROJEC T APPLICATION.
4. WHEN EVALUATING AN AP PLICATION FOR A REVI SED
ROUND 2 OFFSHORE WIND PROJEC T, THE COMMISSION SHALL , TO THE EXTENT
PRACTICABLE , EXTEND PRIOR OR EXI STING PROCEEDINGS FO R APPLICANTS THAT
HAVE A PREVIOUSLY AP PROVED ORDER FOR A ROUND 2 OFFSHORE WIND PROJEC T. Ch. 431 2024 LAWS OF MARYLAND
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(VI) THE COMMISSION MAY NOT AP PROVE AN APPLICATION FOR
A REVISED ROUND 2 OFFSHORE WIND PROJEC T UNLESS THE APPLICA TION
INCLUDES COMMITMENTS FOR IN–STATE EXPENDITURES AN D INVESTMENTS IN A
LOCAL SUPPLY CHAIN T HAT THE COMMISSION DETERMINES ARE REASONABLY
RELATED TO THE SIZE AND REQUIREMENTS OF THE PROJECT.
(VII) THE ADMINISTRATION SHALL HAVE ACCESS TO ALL
CONFIDENTIAL INFORMA TION PRODUCED BY ANY PARTY RELATING TO A R EVISED
ROUND 2 OFFSHORE WIND PROJEC T PROCEEDING , SUBJECT TO AN AGREEM ENT TO
PROTECT THE CONFIDEN TIALITY OF THE INFOR MATION.
(4) (I) IN ORDER TO MAXIMIZE THE AMOUNT OF RENEWA BLE
ENERGY GENERATED BY A ROUND 1 OFFSHORE WIND PROJEC T, ANY ROUND 1
OFFSHORE WIND PROJEC T MAY SEEK APPROVAL FROM THE COMMISSION TO AMEND
ITS PREVIOUSLY APPRO VED ROUND 1 OFFSHORE WIND PROJEC T ORDER TO:
1. INCREASE THE MAXIMUM AMOUNT OF ORECS SOLD
UNDER THE PREVIOUS O RDER, CONSISTENT WITH THE ROUND 1 OFFSHORE WIND
PROJECT RATEPAYER PR OTECTIONS UNDER THIS SECTION; AND
2. MODIFY ITS PROJECT S CHEDULE.
(II) THE COMMISSION MAY APPROV E A REQUEST FOR AN
INCREASED AMOUNT OF ORECS SOLD UNDER A PREVI OUSLY APPROVED ROUND 1
OFFSHORE WIND PROJEC T ORDER ON A SHOWING THAT:
1. THE UNIT PRICING OF THE ADDITIONAL ORECS DOES
NOT EXCEED THE PRICI NG UNDER THE PREVIOU SLY APPROVED ROUND 1
OFFSHORE WIND PROJEC T ORDER; AND
2. THE ROUND 1 OFFSHORE WIND PROJEC T IS IN
COMPLIANCE WITH THE RATEPAYER PROTECTION PROVISIONS REQUIRED FOR
ROUND 1 OFFSHORE WIND PROJEC TS, TAKING INTO CONSIDER ATION CHANGES IN
ECONOMIC CONDITIONS SINCE THE ORIGINAL ROUND 1 OFFSHORE WIND PROJEC T
AWARDS.
(M) (1) THE COMMISSION, WITH THE ASSISTANCE OF THE
ADMINISTRATION , THE DEPARTMENT OF THE ENVIRONMENT, THE DEPARTMENT
OF NATURAL RESOURCES THE DEPARTMENT OF GENERAL SERVICES, AND OTHER
INTERESTED STATE UNITS SHALL DEV ELOP A PLAN FOR ACHI EVING A TOTAL OF
8,500 MEGAWATTS OF OFFSHOR E WIND ENERGY CAPACI TY BY 2031.
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(2) THE PLAN:
(I) SHALL INCLUDE A SCHEDULE OF OFFSHORE WIND ENERGY
PROCUREMENTS AND PRO POSED AMOUNTS OF OFF SHORE WIND ENERGY FO R
PROCUREMENT THROUGH 2031; AND
(II) MAY INCLUDE RECOMMEN DATIONS ON
MULTIJURISDICTIONAL OFFSHORE WIND ENERGY PROCUREMENTS AND ANY
ADDITIONAL OFFSHORE WIND ENERGY PROCUREMENT RECO MMENDATIONS .
(3) ON OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL
SUBMIT A REPORT ON T HE PLAN TO THE GENERAL ASSEMBLY, IN ACCORDANCE
WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE.
7–704.4.
(a) (1) In this section the following words have the meanings indicated.
(2) “Community benefit agreement” has the meaning stated in § 7–704.1(e)
of this subtitle.
(3) “Social cost of greenhouse gases” means the most recent social cost of
greenhouse gases adopted by the U.S. Environmental Protection Agency.
(b) (1) The Department of General Services, in consultation with the Public
Service Commission, shall issue a competitive sealed procurement solicitation and may
enter into at least one contract for a power purchase agreement to procure [up to 5,000,000
megawatt–hours annually of] offshore wind energy and associated renewable energy
credits from one or more qualified offshore wind projects.
(2) Each agreement entered into under paragraph (1) of this subsection
shall have a term of not less than 20 years.
(3) When issuing the invitation for bids under this subsection, the
Department shall take into consideration:
(i) the social cost of greenhouse gas emissions;
(ii) the State’s climate commitments; and
(iii) the State’s commitments under § 7–704.1(a) of this subtitle.
(4) The evaluation criteria for bids shall include:
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(i) comparing the social cost of greenhouse gas emissions for offshore
wind with the social cost of greenhouse gas emissions for nonrenewable power purchased
from wholesale electric markets administered by PJM Interconnection; and
(ii) the extent to which an applicant’s proposal provides for financial
and technical assistance to support monitoring and mitigation of wildlife and habitat
impacts associated with the proposed offshore wind project.
(5) Each agreement entered into under paragraph (1) of this subsection
shall include:
(i) a community benefit agreement and domestic content preferences;
and
(ii) a description of:
1. initial plans for mitigating the impacts of the construction
and operation of the proposed offshore wind project on fisheries and the environment; and
2. the extent to which an applicant will provide for financial
and technical assistance to support the monitoring and mitigation of wildlife and habitat
impacts associated with the project.
(c) (1) The Department of General Services shall identify the amount of energy
necessary to meet the State’s energy needs.
(2) (i) The State shall use the energy procured under subsection (b) of
this section to meet the State’s energy needs and retire the associated renewable energy
credits to meet its obligations under the renewable energy portfolio standard and Chapter
38 of the Acts of the General Assembly of 2022.
(ii) The State shall be exempted from the renewable energy portfolio
standard requirements under § 7–703 of this subtitle if the Department of General Services
procures 100% of the State’s energy needs from the power purchase agreement required
under subsection (b) of this section.
(3) The State shall offer for sale any energy or renewable energy credits
remaining after the requirements under paragraph (2) of this subsection have been met on
the competitive wholesale power market operated by PJM Interconnection, through bilateral
sales to credit–worthy counterparties, or into renewable energy credit markets.
(d) (1) The State shall:
(1) (I) ISSUE A DRAFT SOLICI TATION FOR PROCUREME NT OF
OFFSHORE WIND ENERGY FOR PUBLIC COMMENT A ND REVIEW ON OR BEFORE JUNE
1, 2024; WES MOORE, Governor Ch. 431
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(II) issue a procurement for offshore wind energy on or before July
31, 2024;
(2) (III) provide a procurement submission process window of not less
than 180 days; and
(3) (IV) award contracts in a timely manner.
(e) (1) (2) (I) Subject to SUBPARAGRAPH (II) OF THIS paragraph [(2)
of this subsection], ON OR BEFORE SEPTEMBER 1, 2025, the State may enter into a
contract or contracts for the procurement on or before September 1, 2025 ISSUED UNDER
PARAGRAPH (1) OF THIS SUBSECTION .
[(2)] (II) The State may modify the date established in SUBPARAGRAPH
(I) OF THIS paragraph [(1) of this subsection] if an unforeseen circumstance adversely
affects the procurement submission process.
(2) (I) IF NO QUALIFIED OFFSH ORE WIND PROJECTS ARE
SUBMITTED DURING THE PROCUREMENT SUBMISSI ON PROCESS UNDER
PARAGRAPH (1) OF THIS SUBSECTION , THE STATE:
1. MAY EVALUATE AND REV ISE THE CONDITIONS O F THE
OFFSHORE WIND ENERGY PROCUREMENT ; AND
(E) (1) IN ADDITION TO THE SO LICITATION AND PROCUREMENT ISSUED
UNDER SUBSECTION (D) OF THIS SECTION, THE STATE:
(I) SHALL ISSUE A DRAFT SOLICITATION FOR PRO CUREMENT
OF OFFSHORE WIND ENE RGY FOR PUBLIC COMME NT AND REVIEW ON OR BEFORE
SEPTEMBER 1, 2025; AND
2. (II) SHALL ISSUE A PROCUR EMENT FOR OFFSHORE WIND
ENERGY ON OR BEFORE DECEMBER 31, 2025.
(II) (2) SUBJECT TO SUBPARAGRAPH (III) OF THIS
PARAGRAPH PARAGRAPH (3) OF THIS SUBSECTION A ND IN ADDITION TO AN Y
CONTRACT ENTERED INT O UNDER SUBSECTION (D) OF THIS SECTION, ON OR BEFORE
MARCH 31, 2027, THE STATE MAY ENTER INTO A CONTRACT OR CONTRA CTS FOR
THE PROCUREMENT ON OR BEFORE MARCH 31, 2027 ISSUED UNDER PARAGRA PH
(1) OF THIS SUBSECTION .
(III) (3) THE STATE MAY MODIFY THE DATE ESTABLISHED IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH PARAGRAPH (2) OF THIS SUBSECTION IF Ch. 431 2024 LAWS OF MARYLAND
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AN UNFORESEEN CIRCUM STANCE ADVERSELY AFF ECTS THE PROCUREMENT
SUBMISSION PROCESS .
(F) THE STATE SHALL INCORPORA TE IN THE OFFSHORE W IND ENERGY
PROCUREMENT CONTRACT TERMS TO FACILITATE LOW–COST PROJECT
DEVELOPMENT AND TRAD ITIONAL PROJECT FINANCING TE RMS, INCLUDING:
(1) TERMS THAT WAIVE THE AUTOMATIC TERMINATIO N CLAUSE
REQUIRED UNDER § 13–217 OF THE STATE FINANCE AND PROCUREMENT ARTICLE;
(2) TERMS THAT ESTABLISH REMEDIES TO REIMBURS E COSTS
INCURRED BY THE CONT RACTOR DIRECTLY ATTRIBUTABLE TO THE FAILURE OF THE
STATE TO APPROPRIATE FUNDS FOR THE CONTRA CT; AND
(3) ANY OTHER APPROPRIAT E MECHANISMS TO ENSU RE THAT
OFFSHORE WIND ENERGY PROJECTS THAT MEET T HE TERMS OF THE CONT RACT WILL
HAVE CERTAINTY OF PA YMENT THROUGH THE DU RATION OF THE CONTRACT .
(G) (1) Within 90 days after the operational commencement date of the power
purchase agreement, any contractor providing operations and maintenance services under
an agreement with the Department of General Services shall submit to the Department
attestation that the contractor has entered into a labor peace agreement with each labor
organization that is actively engaged in representing or attempting to represent employees
performing operations and maintenance work on the projects that:
(i) prohibits strikes, lockouts, or any other economic interference with
the contracted project;
(ii) describes the class or classes of covered employees to whom the
labor peace agreement applies;
(iii) describes any class or classes of employees not currently
represented by a labor organization;
(iv) describes the classes of covered employees for which labor peace
agreement negotiations have not yet concluded; and
(v) for classes of employees that are not covered by a labor peace
agreement, provides an attestation that no labor organization has sought to negotiate such
an agreement.
(2) A labor peace agreement required under paragraph (1) of this subsection
shall be:
(i) valid and enforceable under 29 U.S.C. § 158; and WES MOORE, Governor Ch. 431
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(ii) maintained as an ongoing material condition of any continuation
of payments under any agreement required by this subsection.
[(g)] (H) Nothing in this section may be construed to prevent the procurement of
new offshore wind energy generation in accordance with the current or any future
solicitation schedule.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2024.
Approved by the Governor, May 9, 2024.