An Act Concerning Equity in Renewable Energy Projects and Workforce Development
Maine Legislature, Session 130, LD 1969
Committee Amendment CA_A_H971 (House)
Amends: 26 MRSA §3201, 26 MRSA §3209, 26 MRSA §3213, 35-A MRSA §3209-A, 35-A MRSA §3210-G

COMMITTEE AMENDMENT "A "to H.P. 1464, L.D. 1969, "An Act Concerning 
Equity in Renewable Energy Projects and Workforce Development" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 26 MRSA §3201, sub-§11-A is enacted to read: 
11-A. 
Historically marginalized community. 
"Historically marginalized 
community" means a block group, as defined in Title 21-A, section 1202, subsection 2, or 
a geographic area of the State determined by rule by the department using best available 
existing data to have a high rate of poverty, unemployment or chronic unemployment as 
well as a high number of individuals with barriers to employment, including individuals 
who have been incarcerated or individuals from groups, such as women, indigenous people 
and people of color, that are traditionally underrepresented in an apprenticeable occupation. 
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 certified 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 successfully completed a certified preapprenticeship training prograin. 
Sec. 4. 26 MRSA §3201, sub-§15-C is enacted to read: 
15-C. Preapprenticeship training program. "Preapprenticeship training program" 
means a preapprenticeship training program ce1tified under section 3213. 
Sec. 5. 26 MRSA §3209, sub-§4, 1A, as enacted by PL 2011, c. 491, §13, is 
amended to read: 
A. Developing, approving and registering new apprenticeship programs and certifying 
preapprenticeship training programs; 
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Sec. 6. 26 MRSA §3209, sub-§4, 1J, as enacted by PL 2011, c. 491, §13, is 
amended to read: 
J. Ensuring an annual report is provided by March 1st of each year to the Governor, 
the joint standing committee of the Legislature having jurisdiction over labor and 
economic development matters and the joint standing committee of the Legislature 
having jurisdiction over education and cultural affairs that includes the following: 
(1) The name and location of each sponsor of a registered apprenticeship program 
or a preapprenticeship training program; 
(2) The number of apprentices or preapprentices registered into and completing!!. 
registered apprenticeship program or a preapprenticeship training program; and 
(3) 
The return on investment of a registered apprenticeship program or a 
preapprenticeship training program. 
Sec. 7. 26 MRSA §3213 is enacted to read: 
§3213. Preapprenticeship training program 
A preapprenticeship training program must conform to the provisions of this section to 
be eligible for certification by the Maine Apprenticeship Program, which shall oversee and 
support preapprenticeship training programs as set out in this section. 
1. Application; eligibility. A sponsor may apply with the Maine Apprenticeship 
Program for review and certification of a preapprenticeship training program. To be eligible 
for certification, 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. Requirements of preapprenticeship training program. To be eligible for 
certification, a preapprenticeship training program must include an educational program 
that includes both industry-based and job-related classroom instruction and that: 
A. 
Is designed to prepare individuals to enter into and succeed in a registered 
apprenticeship program: 
B. Has a demonstrated commitment to inclusion of individuals from an historically 
marginalized community; and 
C. Has a documented partnership with at least one registered apprenticeship program. 
The documented partnership with a sponsor of a registered apprenticeship program 
must include, at a minimum, 2 of the following characteristics: 
(1) Mentored and paid work experience; 
(2) A guaranteed apprenticeship employment interview for a preapprenticeship 
6 
graduate; 
(3) 
Advanced placement in a registered apprenticeship program, either in 
classroom training or on-the-job learning, for a preapprenticeship graduate who is 
hired: or 
(4) Job shadow experience for preapprentices. 
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3. Age. Preapprentices must be at least 16 years of age, except when a higher minimum 
age standard is otherwise fixed by law or the registered apprenticeship program sponsor. 
4. Curriculum. To be eligible for certification, a preapprenticeship training program 
must have organized, written standards containing: 
A. A description of the instruction and training of preapprentices that aligns with 
industry skills and workplace expectations to prepare preapprentices with the 
education, training, competencies and awareness they need to enter registered 
apprenticeship programs, including, but not limited to: 
(1) Listening and communication skills: 
(2) Workplace safety training: 
(3) Job preparedness training, including workplace soft skills training: 
(4) Physical, technical and workplace skills: and 
(5) Resume and job interview preparation: 
B. A description of how success in the preapprenticeship training program will be 
measured; 
C. Provision for at least 120 hours of instruction and training; and 
D. A description of what advanced placement or facilitated entry into a registered 
apprenticeship program will be provided to preapprenticeship graduates applying for 
or accepted into a registered apprenticeship program, including the number of 
classroom hours or on-the-job learning hours credited to preapprenticeship graduates 
upon registration as apprentices. 
5. Equity, inclusion and accessibility. A certified preapprenticeship training program 
must provide services whenever possible to enable pa1ticipation by individuals from 
historically marginalized communities, such as assistance with transportation, child care, 
probation officer advocacy, English as a new language and the cost of materials and 
supplies. A certified preapprenticeship training program must maintain an affirmative 
action program in compliance with 29 Code of Federal Regulations, Section 30.1 et seq. 
6. Stipend. A certified preapprenticeship training program must provide a meaningful 
stipend for each day of instruction that enables individuals from historically marginalized 
communities to participate in the program. This subsection does not apply to individuals 
enrolled in a preapprenticeship training program that is part of a secondary education 
program or to individuals for whom the law does not allow payment. A certified 
preapprenticeship training program must ensure that, if training includes on-the-job work 
experience, preapprentices are paid at least the minimum wage rate under chapter 7, 
subchapter 3. 
7. 
Review; certification. The Maine Apprenticeship Program shall review an 
application for certification of a preapprenticeship training program. A preapprenticeship 
training program that meets the standards for certification must be given provisional 
certification 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 certification. A program that confonns to the 
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COMMITTEE AMENDMENT "A" to H.P. 1464, L.D. 1969 
requirements may have its certification made permanent or may continue to be 
provisionally certified through the first full training cycle. 
8. Evaluation. The Maine Apprenticeship Program shall evaluate the performance of 
a certified 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 preapprentices from 
historically marginalized communities; 
D. Completion rates; and 
E. Rates of enrollment in and successful completion of registered apprenticeship 
programs. 
9. Investment system, The Maine Apprenticeship Program shall partner with the 
Maine Workforce Investment System under chapter 33 to use preapprenticeship graduates 
as a key element of a talent development approach that serves both workforce investment 
system participants and industry in the State. 
10. Funding. The Maine Apprenticeship Program, through the department, shall seek 
available workforce development funds to supp01t programs under this section. As funding 
permits, the Maine Apprenticeship Program shall provide preapprenticeship training grants 
to those certified preapprenticeship training programs that provide meaningful financial 
assistance to their participants to supp01t the cost of participation, including, for example, 
supplies and materials, industry-based certifications, lost wages, transportation or child 
care. The Maine Apprenticeship Program shall determine awards to certified 
preapprenticeship training programs based on documented participant need, the provision 
of services under subsection 5 and the program's efforts to recruit and enroll participants 
from historically marginalized communities. Priority must be given to those certified 
preapprenticeship training programs demonstrating that a significant number of their 
participants have successfully completed the ce1tified preapprenticeship training program 
and are subsequently enrolled in registered apprenticeship programs. The department, 
through the Maine Apprenticeship Program, shall implement, monitor and enforce the 
requirements of this subsection using existing resources. 
11. 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. 8. 26 MRSA c. 4 7 is enacted to read: 
CHAPTER47 
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. 
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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 for which requests for bids or 
proposals are initiated after August 1, 2022, including requests for bids or proposals 
that supplement a process started on or before August 1, 2022: 
(1) With a nameplate capacity of 2 megawatts or more that involves a renewable 
energy project or a proiect for the production of energy, including all phases of site 
preparation, construction, retrofitting and demolition work; and 
(2) For which the State or an agency of the State provides certifications that entitle 
the generator to renewable energy credits or provides other economic assistance, 
including, but not limited to, payments pursuant to power purchase agreements, 
rebates, grants, loans, commitments of funds or other assistance. 
C. "Commissioner" means the Commissioner of Labor. 
D. 
"Facilitated entry agreement" means an agreement between a registered 
apprenticeship program and a certified preapprenticeship training program that enables 
individuals who have successfully completed the certified preapprenticeship training 
program to enter directly into the registered apprenticeship program. 
E. "Preapprenticeship training program" means a preapprenticeship training program 
certified under section 3213. 
F. 
11Registered apprenticeship program" means an apprenticeship 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, uses functioning training facilities and is regularly 
graduating apprentices to journeyman status. 
G. "Renewable energy project" means a project to construct a source of electrical 
generation 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. 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 
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C. 
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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; 
(2) . The registered apprenticeship program from which the apprentice is hired 
maintains a facilitated entry agreement with a certified preapprenticeship training 
program; and 
(3) The registered apprenticeship program from which the apprentice is hired has 
been registered for at least one year and provides a minimum of 3,000 hours of on-
the-job learning and 216 hours of related instruction. 
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. 
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 3 5-A, section 3 210-G, subsection 1, paragraph 
C, subparagraph (2), division (h). 
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. 
3. Recordkeeping and reporting. The entity receiving economic assistance for an 
assisted project shall ensure that all contractors and subcontractors keep wage records in 
accordance with section 1311. Reporting for entities on assisted projects must be in 
accordance with section 1311. The agency of the State providing the economic assistance 
to the assisted project must be treated as the public authority letting the contract for the 
purposes of reporting under section 1311. 
4. Enforcement, penalties and sanctions. When the Department of Labor notifies 
the agency of the State providing economic assistance to the entity responsible for an 
assisted project that there has been a violation of chapter 15, the entity is subject to 
enforcement and penalties for a violation in accordance with section 1312. Failure of an 
entity that receives economic assistance for an assisted project to comply with chapter 15 
constitutes a material breach of the agreement, grant, loan, commitment of funds or other 
instrument pursuant to which economic assistance is provided. Upon finding a violation of 
chapter 15, the relevant agency of the State may impose any available and appropriate 
penalties for that breach, including, but not limited to, fines, penalties authorized under 
Title 35-A, section 1508-A, an end to the assistance and recoupment of 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 meet the requirements of chapter 15 and pay 
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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 or Title 35-A, section 3209-B. 
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. 9. 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 MR.SA §3209-A, sub-§8. 
Sec. 10. 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 dete1mined 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 
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(2) A weight of30% 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; arui 
(g) Avoided emissions resulting from the operation of the Class IA resource.~ 
(h) For an assisted project, with respect to requests for bids or proposals 
initiated by the commission pursuant to this section for energy or renewable 
energy credits after August 1, 2022 or requests for bids or proposals that 
supplement a process started on or before August 1, 2022, whether the Class 
IA resource has entered into a project labor agreement with a labor 
organization to supply construction workers in all areas 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 te1ms and conditions of employment for all 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) Whether an entity is employee-owned, including but not limited to an entity 
that offers employee stock ownership plans or is structured as a worker 
cooperative. 
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 
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COMMITTEE AMENDMENT" A" to H.P. 1464, L.D. 1969 
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. For purposes 
of this subparagraph, "craft worker" has the same meaning as in Title 26, section 
1304, subsection 3-A. 
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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
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COMMITTEE AMENDMENT" A• to H.P. 1464, L.D. 1969 
SUMMARY 
This amendment is the majority report of the committee. The amendment does the 
following. 
1. It sets standards for certification and evaluation of preapprenticeship training 
programs by the Maine Apprenticeship Program, as well as minimum curriculum 
requirements. The amendment focuses on equity, inclusion and access to certified 
preapprenticeship training programs, requiring them to provide certain services to ensure 
participation by individuals from historically marginalized communities and to implement 
affirmative action programs. It requires the payment of a meaningful stipend to participants 
and prioritizes state grants to those program sponsors that provide services that reduce 
barriers to entry for traditionally underrepresented groups and demonstrate that a 
significant number of their participants subsequently enrolled in registered apprenticeship 
programs. 
2. It requires that the annual report from the Maine Apprenticeship Council include 
preapprenticeship data relating to the preapprenticeship training programs. 
3. It requires projects involving the construction of renewable energy generating 
systems that are at least 2 megawatts in size and that receive 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 participate in 
a registered apprenticeship program that is regularly graduating apprentices to journeyman 
status and the program has a facilitated entry agreement with a ce1tified preapprenticeship 
training program. This requirement does not apply, however, if the entity responsible for 
the project or the entity directly responsible for the construction of the project has entered 
into a project labor agreement that meets certain requirements. 
4. 
The amendment specifies that, after August 1, 2022, if 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 areas needed for the assisted project where the assisted project 
is located. It specifies that it also includes requests for bids or proposals that supplement a 
process started on or before the effective date of this legislation. The bill established 
January 1, 2023 as the beginning date for this requirement. 
5. 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 an entity is employee-owned, 
including but not limited to an entity that offers employee stock ownership plans. 
6. The amendment 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. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01/22 .::tPae 
LD 1969 
LR2473(02) 
An Act Concerning Equity in Renewable Energy Projects and Workforce Development 
Fiscal Note for Bill as Amended by Committee Amendment '/r ( H--9 7/) 
Committee: Labor and Housing 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Labor, the Public Utilities Commission and the Efficiency Maine Trust as a 
result of the provisions in this bill are anticipated to be minor and can be absorbed within existing budgeted resources. 
LR2473(02) - Fiscal Note - Page 1 of 1