Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0771 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN
1616 RENEWABLE ENERGY PRO JECTS
1717 Introduced By: Senators Britto, Ruggerio, Lawson, Ciccone, DiPalma, and DiMario
1818 Date Introduced: March 23, 2023
1919 Referred To: Senate Environment & Agriculture
2020
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2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 39-26.9-2 of the General Laws in Chapter 39-26.9 entitled "Labor 1
2424 Standards in Renewable Energy Projects [Effective January 1, 2023.]" is hereby amended to read 2
2525 as follows: 3
2626 39-26.9-2. Definitions. [Effective January 1, 2023.] 4
2727 For the purposes of this chapter: 5
2828 (1) “Approved apprenticeship program” or “apprenticeship program” means an 6
2929 apprenticeship program that has been approved by the U.S. Department of Labor, or by a 7
3030 recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such 8
3131 programs shall not include those that have obtained only provisional approval status. The required 9
3232 apprenticeship programs may either be programs that have specifically allocated funding and are 10
3333 subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. 11
3434 (“ERISA”), or non-ERISA programs financed by general funds of employers. 12
3535 (2) “Covered project” means a renewable energy project that: 13
3636 (i) Utilizes renewable energy resources; 14
3737 (ii) Is situated on land; 15
3838 (iii) Is situated on or in water; 16
3939 (iv) Has a construction commencement date on or after April 1, 2023; 17
4040 (v) Has a total nameplate capacity of three megawatts (3 MW) one megawatt (1 MW) or 18
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4444 more in aggregate size; and 1
4545 (vi) Is constructed and/or operated pursuant to chapter 26.1, 26.4, or 26.6 of this title. 2
4646 (3) “Department” means the department of labor and training. 3
4747 (4) “Director” means the director of the department of labor and training. 4
4848 (5) “Labor organization” means any organization that exists and is constituted for the 5
4949 purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning 6
5050 grievances, terms or conditions of employment, or of other mutual aid or protection and that is not 7
5151 a company union as defined in § 28-7-3. 8
5252 (6) “Labor peace agreement” means an agreement between an entity and a labor 9
5353 organization that, at a minimum, protects the state’s proprietary interest by prohibiting labor 10
5454 organizations and members from engaging in picketing, work stoppages, boycotts, and any other 11
5555 economic interference during the deployment of a covered project. This agreement means that the 12
5656 applicant has agreed not to disrupt efforts by the labor organizations to communicate with, and 13
5757 attempt to organize and represent, the applicant’s employees. This requirement shall not be 14
5858 applicable to maintenance work performed on renewable energy solar projects. 15
5959 (7) “Renewable energy project” means the construction, installation, use, maintenance, 16
6060 operation, changing, or retiring of a renewable energy resource. 17
6161 (8) “Renewable energy resources” means any renewable power generation source listed in 18
6262 § 39-26-5(a). 19
6363 SECTION 2. This act shall take effect upon passage. 20
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7070 EXPLANATION
7171 BY THE LEGISLATIVE COUNCIL
7272 OF
7373 A N A C T
7474 RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN
7575 RENEWABLE ENERGY PRO JECTS
7676 ***
7777 This act would amend the definition of "covered project" having a total nameplate capacity 1
7878 of three megawatts (3 MW) down to one megawatt (1 MW). 2
7979 This act would take effect upon passage. 3
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