Title 39
Public Utilities and Carriers

Chapter 26.9
Labor Standards in Renewable Energy Projects

§ 39-26.9-2. Definitions.

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 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).