2023 -- H 5493

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LC000992

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN

RENEWABLE ENERGY PROJECTS

     Introduced By: Representatives Potter, O'Brien, Cotter, Voas, Stewart, Morales, Sanchez,
Fellela, Boylan, and McNamara

     Date Introduced: February 10, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-26.9-2 of the General Laws in Chapter 39-26.9 entitled "Labor

Standards in Renewable Energy Projects [Effective January 1, 2023.]" is hereby amended to read

as follows:

     39-26.9-2. Definitions. [Effective January 1, 2023.]

     For the purposes of this chapter:

     (1) “Approved apprenticeship program” or “apprenticeship program” means an

apprenticeship program that has been approved by the U.S. Department of Labor, or by a

recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such

programs shall not include those that have obtained only provisional approval status. The required

apprenticeship programs may either be programs that have specifically allocated funding and are

subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.

(“ERISA”), or non-ERISA programs financed by general funds of employers.

     (2) “Covered project” means a renewable energy project that:

     (i) Utilizes renewable energy resources;

     (ii) Is situated on land;

     (iii) Is situated on or in water;

     (iv) Has a construction commencement date on or after April 1, 2023;

     (v) Has a total nameplate capacity of three megawatts (3 MW) one megawatt (1 MW) or

more in aggregate size; and

     (vi) Is constructed and/or operated pursuant to chapter 26.1, 26.4, or 26.6 of this title.

     (3) “Department” means the department of labor and training.

     (4) “Director” means the director of the department of labor and training.

     (5) “Labor organization” means any organization that exists and is constituted for the

purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning

grievances, terms or conditions of employment, or of other mutual aid or protection and that is not

a company union as defined in § 28-7-3.

     (6) “Labor peace agreement” means an agreement between an entity and a labor

organization that, at a minimum, protects the state’s proprietary interest by prohibiting labor

organizations and members from engaging in picketing, work stoppages, boycotts, and any other

economic interference during the deployment of a covered project. This agreement means that the

applicant has agreed not to disrupt efforts by the labor organizations to communicate with, and

attempt to organize and represent, the applicant’s employees. This requirement shall not be

applicable to maintenance work performed on renewable energy solar projects.

     (7) “Renewable energy project” means the construction, installation, use, maintenance,

operation, changing, or retiring of a renewable energy resource.

     (8) “Renewable energy resources” means any renewable power generation source listed in

§ 39-26-5(a).

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN

RENEWABLE ENERGY PROJECTS

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     This act would amend the definition of "covered project" having a total nameplate capacity

of three megawatts (3 MW) down to one megawatt (1 MW).

     This act would take effect upon passage.

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