An Act Concerning Equity in Renewable Energy Projects and Workforce Development
Maine Legislature, Session 130, LD 1969
Committee: Labor and Housing
Sponsors: CUDDY, FECTEAU
Amends: 26 MRSA §3201, 26 MRSA §3209, 26 MRSA §3213, 35-A MRSA §3209-A, 35-A MRSA §3210-G

Legislative Document
No. 1969
H.P. 1464
House of Representatives, February 10, 2022
An Act Concerning Equity in Renewable Energy Projects and 
Workforce Development
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CUDDY of Winterport.
Cosponsored by Representative: Speaker FECTEAU of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §3201, sub-§8-A is enacted to read:
8-A.  Disadvantaged community.  "Disadvantaged community" means a block group, 
as defined in Title 21-A, section 1202, subsection 2, or geographic area of the State 
determined by rule by the department using best available existing data to have a high rate 
of poverty, unemployment and chronic unemployment, as well as a high number of 
individuals with barriers to employment, including individuals who have been incarcerated 
and individuals who have been traditionally underrepresented in a relevant employment 
area under this chapter.
Sec. 2.  26 MRSA §3201, sub-§15-A is enacted to read:
15-A.  Preapprentice.  "Preapprentice" means an individual enrolled in a 
preapprenticeship training program approved by the Maine Apprenticeship Program.
Sec. 3.  26 MRSA §3201, sub-§15-B is enacted to read:
15-B.  Preapprenticeship graduate.  "Preapprenticeship graduate" means an 
individual who completed a preapprenticeship training program and has been accepted into 
or is in the first year of a registered apprenticeship program.
Sec. 4.  26 MRSA §3201, sub-§15-C is enacted to read:
15-C.  Preapprenticeship training program.  "Preapprenticeship training program" 
means an educational program that includes skills-based education and that:
A.  Is designed to prepare individuals to enter into and succeed in a registered 
apprenticeship program;
B.  Has a documented partnership with at least one registered apprenticeship program; 
and
C.  Has a demonstrated commitment to inclusion of individuals from a disadvantaged 
community.
Sec. 5.  26 MRSA §3209, sub-§4, ¶A, as enacted by PL 2011, c. 491, §13, is 
amended to read:
A.  Developing, approving and registering new apprenticeship programs and 
preapprenticeship training programs;
Sec. 6.  26 MRSA §3213 is enacted to read:
§3213.  Preapprenticeship training program
A preapprenticeship training program must conform to the following standards to be 
eligible for approval by the Maine Apprenticeship Program.
1. Application; eligibility.  A sponsor may apply with the Maine Apprenticeship 
Program for review and approval of a preapprenticeship training program. To be eligible 
for approval, the preapprenticeship training program must meet the requirements of this 
section, must involve instruction and training in preparation for an apprenticeable 
occupation and must comply with state and federal law regarding equal employment 
opportunity in apprenticeship and training.
2. Review; approval.  The Maine Apprenticeship Program shall review an application 
for approval of a preapprenticeship training program. A preapprenticeship training program 
that meets the standards for approval must be given provisional approval for a period of 
one year. The Maine Apprenticeship Program shall review a preapprenticeship training 
program for quality and conformity with the requirements of this section at the end of the 
first year after approval. A program that conforms to the requirements may have its 
approval made permanent or may continue to be provisionally approved through the first 
full training cycle.
3.  Evaluation.  The Maine Apprenticeship Program shall evaluate the performance of 
an approved preapprenticeship training program. The tools and factors to be used must 
include, but are not limited to:
A. Quality assurance assessments;
B. Equal employment opportunity compliance reviews;
C. Efforts to achieve equity goals for recruitment and training of workers from 
disadvantaged communities; 
D. Completion rates; and
E. Rates of enrollment in and successful completion of registered apprenticeship 
programs.
4. Investment system.  The Maine Apprenticeship Program shall partner with the 
Maine Workforce Investment System under chapter 33 to use preapprenticeship graduates 
as a key talent development approach that serves both workforce investment system 
participants and industry in the State.
5. Curriculum.  An approved preapprenticeship training program must have 
organized, written standards containing:
A. A description of the instruction and training of preapprentices that align with 
industry skills and workplace expectations to prepare preapprentices with the 
education, training, competencies and awareness they need to enter registered 
apprenticeship programs, including:
(1) Listening and communication skills;
(2) Workplace safety training;
(3) Job preparedness training; and
(4) Physical, technical and workplace skills;
B. A description of how success in the preapprenticeship training program will be 
measured; and
C. Provision for at least 120 hours of instruction and training.
6. Equity, inclusion and accessibility. An approved preapprenticeship training 
program must provide services whenever possible to ensure participation by individuals 
from disadvantaged communities, such as transportation assistance, stipends, child care 
vouchers, probation officer advocacy, English as a new language services and financial 
support for materials and supplies.  An approved preapprenticeship training program must 
maintain an affirmative action program in compliance with 29 Code of Federal 
Regulations, Section 30.1 et seq.
7. Stipend.  An approved preapprenticeship training program must pay a preapprentice 
a stipend at least equivalent to the state minimum wage for all hours of instruction and 
training.
8. Funding.  The Maine Apprenticeship Program, through the department, shall seek 
available workforce development funds to support programs under this section. The Maine 
Apprenticeship Program shall provide preapprenticeship training grants to those programs 
that provide meaningful financial assistance to their participants in the form of daily 
stipends, supplies and materials, transportation assistance and child care vouchers. The 
Maine Apprenticeship Program shall determine awards to sponsors based on participant 
need, the provision of services under subsection 6 and the program’s efforts to recruit and 
enroll participants from disadvantaged communities.  Priority must be given to those 
sponsors demonstrating that a significant number of their participants have successfully 
completed the preapprenticeship training program and are subsequently enrolled in 
registered apprenticeship programs.
9. Rulemaking.  The department shall adopt routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A to implement the provisions of this section.
Sec. 7.  26 MRSA c. 47 is enacted to read:
CHAPTER 47
EQUITY IN RENEWABLE ENERGY PROJECTS AND WORKFORCE 
DEVELOPMENT
§3701. Equity in renewable energy projects
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Agency of the State" includes, but is not limited to, the Efficiency Maine Trust as 
established in Title 35-A, chapter 97 and the Public Utilities Commission as established 
in Title 35-A, Part 1.
B.  "Assisted project" means a construction project:
(1)  To construct a source of electrical generation of 2 megawatts or more that 
involves a renewable energy project or a project for the production of energy for 
which the generator is entitled to participate in the net energy billing program in 
Title 35-A, chapter 32 or is a related construction project; and
(2)  For which the State or an agency of the State provides economic assistance, 
including, but not limited to, payments pursuant to power purchase agreements, 
certifications that entitle the generator to renewable energy credits, rebates, grants, 
loans, commitments of funds or other assistance, if the financial value of the 
economic assistance is at least $50,000.
C.  "Commissioner" means the Commissioner of Labor.
D.  "Facilitated entry agreement" means an agreement between a registered 
apprenticeship program and a preapprenticeship training program that enables 
individuals who have successfully completed the preapprenticeship training program 
to enter directly into the registered apprenticeship program.
E.  "Preapprenticeship training program" means a preapprenticeship training program 
approved under section 3213.
F.  "Registered apprenticeship program" means an apprenticeship training program 
that:
(1) Is registered with and approved by the United States Department of Labor or 
the Maine Apprenticeship Program under section 3202; and
(2)  Actively trains employees, has functioning training facilities and is regularly 
graduating apprentices to journeyman status who are then placed in employment 
on an assisted project.
G.  "Renewable energy project" means a project to construct a source of electrical 
generation of 2 megawatts or more that relies on one or more of the following:
(1)  Fuel cells;
(2)  Tidal power;
(3)  Solar arrays and installations; 
(4) Wind power installations;
(5)  Geothermal installations;
(6)  Hydroelectric generators;
(7)  Biomass generators that are fueled by wood or wood waste, landfill gas or 
anaerobic digestion of agricultural products, by-products or wastes; or
(8)  Generators fueled by municipal solid waste in conjunction with recycling. 
2.  Certification to include valuation of renewable energy credits.  When the State 
or an agency of the State provides a certification pursuant to Title 35-A, section 3210 that 
entitles a generator to renewable energy credits for an assisted project, the certification 
must include a valuation of the renewable energy credits estimated to be derived from that 
certification based on the market price for renewable energy credits at the time of the 
certification multiplied by the projected duration of the recipient's generation of power 
eligible for the certification. The duration must be projected to be no less than 20 years. 
These calculations must be disclosed to the public at the time the certification is issued.
3.  Labor and project performance standards.  The following requirements apply to 
an assisted project.
A.  Beginning January 1, 2024, a contractor or subcontractor working on an assisted 
project shall pay all construction workers working on the assisted project no less than 
the prevailing rate for wages and benefits, as determined by the Bureau of Labor 
Standards, except that a worker may be hired at the rate recognized for apprentices 
working in the pertinent classification if:
(1) The worker is a participant in a registered apprenticeship program; and
(2) The registered apprenticeship program from which the apprentice is hired 
maintains a facilitated entry agreement with a preapprenticeship training program.
B. An entity responsible for an assisted project shall take reasonable steps to ensure 
that all contractors and subcontractors working on the assisted project meet the 
requirements of this subsection. The contractor or subcontractor shall provide proof 
within 7 days of a request from the Department of Labor that any apprenticeship 
program used for the project meets all the requirements of a registered apprenticeship 
program. For purposes of this subsection, "entity responsible" includes any recipient 
of assistance for the assisted project and any corporations, joint ventures, partnerships 
or other persons and their successors or assigns that hire contractors or construction 
managers to perform work on the assisted project. 
C. The requirements of this subsection do not apply if the entity responsible for the 
assisted project has entered into or has ensured that the entity directly responsible for 
the construction of the assisted project has entered into a project labor agreement 
consistent with the requirements of Title 35-A, section 3210-G, subsection 1, paragraph 
C, subparagraph (2), division (h).
4.  Penalties and sanctions. Failure of an entity that receives state assistance for an 
assisted project to comply with this section constitutes a material breach of the agreement, 
grant, loan, commitment of funds or other instrument pursuant to which state assistance is 
provided, and the relevant agency of the State may impose any available and appropriate 
penalties for that breach, including, but not limited to, ending the assistance and recouping 
all or part of any assistance already provided for the assisted project or directing that, in 
order for the entity to receive continued assistance, the entity must meet the requirements 
of this section and pay remedial compensation to any employees who were not paid at least 
the prevailing rate for wages and benefits.
5.  Application.  This section does not apply to a project:
A.  For which the Public Utilities Commission approved a term sheet or contract or 
otherwise provided project-specific authorization or approval pursuant to Title 35-A 
on or before June 29, 2021; or
B.  That is participating in net energy billing and that meets the requirements of Title 
35-A, section 3209-A, subsection 7.
6. Powers of the commissioner.  The commissioner shall implement and administer 
this chapter and may adopt rules consistent with the requirements of this chapter.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 8.  35-A MRSA §3209-A, sub-§7, as enacted by PL 2021, c. 370, §1 and 
reallocated by RR 2021, c. 1, Pt. A, §37, is reallocated to 35-A MRSA §3209-A, sub-§8.
Sec. 9.  35-A MRSA §3210-G, sub-§1, as enacted by PL 2019, c. 477, §2, is 
amended to read:
1.  Competitive procurement.  The commission shall conduct 2 competitive 
solicitations in order to select Class IA resources for contracts under this section.
A.  Through competitive solicitations under this section, the commission shall procure 
an amount of energy or renewable energy credits from Class IA resources that is equal 
to 14% of retail electricity sales in this State for the period from January 1, 2018 to 
December 31, 2018, as determined by the commission.
(1)  The commission shall initiate a first competitive solicitation and ensure that 
solicitation results in the approval of contracts by December 31, 2020 for energy 
or renewable energy credits equal to at least 7% of retail electricity sales for the 
period from January 1, 2018 to December 31, 2018, as determined by the 
commission. If the commission determines that contracts for an amount greater 
than 7% of retail electricity sales will provide financial benefits to ratepayers, it 
may approve contracts by December 31, 2020 for up to 10% of retail electricity 
sales.
(2)  No later than January 15, 2021, the commission shall initiate a 2nd competitive 
solicitation for an amount of energy or renewable energy credits equal to the 
difference between 14% of retail electricity sales and the amount approved in 
contracts by December 31, 2020.
B.  To the extent sufficient resources are available, 75% of the energy or renewable 
energy credits contracted under this section must come from Class IA resources that 
begin commercial operations after June 30, 2019 and 25% must come from Class IA 
resources that began commercial operations on or prior to June 30, 2019.
C.  In conducting a solicitation and selecting Class IA resources for contracts under 
this section, the commission shall weigh the benefits to ratepayers and the benefits to 
the State's economy as follows:
(1)  A weight of 70% must be given to the benefits to ratepayers; and
(2)  A weight of 30% must be given to benefits to the economy, which may include, 
but are not limited to:
(a)  Capital investments by the Class IA resource to improve long-term 
viability of an existing facility;
(b)  Payments by the Class IA resource for the harvest of wood fuel;
(c)  Employment resulting from the Class IA resource;
(d)  Payments by the Class IA resource to a host community, whether or not 
required by law or rule;
(e)  Excise, income, property and sales taxes paid by the Class IA resource;
(f)  Purchases of goods and services by the Class IA resource; and
(g)  Avoided emissions resulting from the operation of the Class IA resource.;
(h)  For an assisted project, with respect to additional requests for bids or 
proposals initiated by the commission pursuant to this section for energy or 
renewable energy credits after January 1, 2023, including bids or proposals 
that supplement a process started on or before January 1, 2023, whether the 
Class IA resource has entered into a project labor agreement with a labor 
organization to supply construction workers in all crafts needed for the assisted 
project where the assisted project is located. For purposes of this division, a 
project labor agreement must contain provisions that:
(i)  Bind all contractors and subcontractors on the assisted project to the 
project labor agreement through the inclusion of appropriate specifications 
in all relevant solicitation provisions and contract documents;
(ii)  Allow all contractors and subcontractors to compete for contracts and 
subcontracts on the assisted project without regard to whether they are 
otherwise parties to collective bargaining agreements;
(iii)  Establish uniform terms and conditions of employment for all 
construction craft workers employed on the assisted project;
(iv)  Contain guarantees against strikes, lockouts and similar job 
disruptions; and
(v)  Set forth effective, prompt and mutually binding procedures for 
resolving labor disputes arising during the term of the project labor 
agreement; and
(i)  For an assisted project, whether a majority of the individuals working on 
the assisted project are members of an entity that is employee-owned, 
including but not limited to an entity that offers employee stock ownership 
plans.
For the purposes of this subparagraph, "labor organization" means an organization 
that is not a company union and that is constituted for the purpose, in whole or in 
part, of engaging in collective bargaining, dealing with employers concerning 
employee grievances or terms or conditions of employment or providing other 
employee aid or protection. "Labor organization" includes, but is not limited to, a 
bona fide labor organization that is certified or recognized as the organization of 
jurisdiction representing the relevant workers and a bona fide building and 
construction trades council or district council or state or local labor federation 
composed of local unions certified or recognized as the representative of the 
relevant workers.  For the purposes of this subparagraph, "assisted project" has the 
same meaning as in Title 26, section 3701, subsection 1, paragraph B.
D.  The commission shall, in accordance with this paragraph, allow energy storage 
systems to participate in solicitations or be awarded contracts under this section.
(1)  The commission shall permit an energy storage system to bid on solicitations 
or to be contracted under this section only if the energy storage system is connected 
to the State's electricity grid, paired as a complementary resource with a Class IA 
resource and either:
(a)  Colocated with the Class IA resource, whether metered jointly with or 
separately from the Class IA resource; or
(b)  Located at a different location from the Class IA resource and the 
commission finds that inclusion of the energy storage system would result in a 
reduction in greenhouse gas emissions.
(2)  A bid under this section that includes an energy storage system must include 2 
separate bid proposals, one with the energy storage system and one without.   The 
commission shall assess the bid proposals based on the benefits to ratepayers, 
which may include, but are not limited to:
(a)  Reduction in costs;
(b)  Decrease in peak electricity demand;
(c)  Deferral of investments in the transmission and distribution system;
(d)  Deferral of capital investments in new generating capacity;
(e)  Increase in the electricity grid's overall flexibility, reliability and resiliency; 
and
(f)  Reduction in greenhouse gas emissions.
(3)  An energy storage system that is not colocated with a Class IA resource may 
receive renewable energy credits only for stored energy generated from a Class IA 
resource.
(4)  If chosen for a contract under this section, an energy storage system must 
remain stationary and under the same ownership throughout the contract term.
(5)  The commission may permit an energy storage system to be paired with and 
added to a Class IA resource after that resource has been awarded a contract.
For the purposes of this paragraph, "energy storage system" means a commercially 
available technology that uses mechanical, chemical or thermal processes for absorbing 
energy and storing it for a period of time for use at a later time.
SUMMARY
This bill does the following.
1. It requires projects involving the construction of renewable energy generating 
systems that are at least 2 megawatts in size and that receive at least $50,000 in state 
assistance to meet certain workforce requirements. It defines such projects as "assisted 
projects." Specifically, contractors and subcontractors working on an assisted project are 
required to pay construction workers at least the prevailing rate for wages and benefits, 
except that they may pay the apprentice rate to apprentices on the project if those 
apprentices are participants in a registered apprenticeship program that is regularly 
graduating apprentices to journeyman status and the apprentices on the assisted project are 
graduates of a program that has a facilitated entry agreement with an approved 
preapprenticeship training program. This requirement does not apply, however, if the entity 
responsible for the project has ensured that the entity directly responsible for the 
construction of the project has entered into a project labor agreement that meets certain 
requirements. 
2. It provides that if after January 1, 2023 the Public Utilities Commission engages in 
additional procurement of energy or renewable energy credits pursuant to the Maine 
Revised Statutes, Title 35-A, section 3210-G, the commission, in determining benefits to 
the State's economy, is required to consider whether the Class IA resource has secured a 
project labor agreement with a labor organization to supply construction workers in all 
crafts needed for the assisted project where the assisted project is located.
3. It directs the Public Utilities Commission, in conducting a solicitation and selecting 
Class IA resources for contracts pursuant to statutory provisions governing renewable 
portfolio standard procurement, to consider whether a majority of the individuals working 
on an assisted project are members of an entity that is employee-owned, including but not 
limited to an entity that offers employee stock ownership plans.
4. It sets standards for approval and evaluation of preapprenticeship training programs 
by the Maine Apprenticeship Program, as well as minimum curriculum requirements. The 
bill defines a preapprenticeship training program as a program designed to prepare 
individuals to enter into and succeed in a registered apprenticeship program.  The bill 
focuses on equity, inclusion and access to preapprenticeship training programs, requiring 
them to provide certain services to ensure participation by individuals from disadvantaged 
communities and implement affirmative action programs. It requires the payment of a 
stipend to participants that is at least equivalent to the state minimum wage and prioritizes 
state grants to those program sponsors that provide services that reduce barriers to entry for 
historically underrepresented groups and that demonstrate that a significant number of their 
participants subsequently enrolled in registered apprenticeship programs.
The bill also corrects a conflict created by Public Law 2021, chapter 390 and Revisor's 
Report 2021, chapter 1, which affected the same provision of law, by reallocating the 
provision reallocated by Revisor's Report 2021, chapter 1.