Statutes Text
Article - Public Utilities
§7–1202.
(a) An application for a proposed project under Parts III and IV of this subtitle is subject to a community benefit agreement.
(b) A community benefit agreement shall:
(1) promote increased opportunities for local businesses and small, minority, women–owned, and veteran–owned businesses in the clean energy industry;
(2) ensure the timely, safe, and efficient completion of the project by:
(i) facilitating a steady supply of highly skilled craft workers who shall be paid not less than the prevailing wage rate determined by the Commissioner of Labor and Industry under Title 17, Subtitle 2 of the State Finance and Procurement Article; and
(ii) guaranteeing that the construction work performed in connection with the project will be subject to an agreement that:
1. establishes the terms and conditions of employment at the construction site of the project or a portion of the project;
2. guarantees against strikes, lockouts, and similar disruptions;
3. ensures that all work on the project fully conforms to all relevant State and federal laws, rules, and regulations, including all required training for employees;
4. creates mutually binding procedures for resolving labor disputes arising during the term of the dispatchable energy generation project;
5. sets forth other mechanisms for labor–management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and
6. binds all contractors and subcontractors to the terms of the agreement through the inclusion of appropriate provisions in all relevant solicitation and contract documents;
(3) promote safe completion of the project by ensuring that at least 80% of the craft workers on the project have completed a 10–hour Occupational Safety and Health Administration course;
(4) promote career training opportunities in the manufacturing, maintenance, and construction industries for local residents, veterans, women, minorities, and formerly incarcerated individuals;
(5) include provisions for local hiring and the hiring of historically disadvantaged groups;
(6) use locally, sustainably, and domestically manufactured construction materials and components to the extent practicable;
(7) require the use of skilled local labor, particularly with regard to the construction and manufacturing components of the project, using methods including outreach, hiring, and referral methods that are affiliated with registered apprenticeship programs under Title 11, Subtitle 4 of the Labor and Employment Article; and
(8) authorize the Maryland Department of Labor and the Commission to consider, review, and enforce a storage developer or energy developer’s compliance with any community benefit agreement.
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