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Statutes Text

Article - Labor and Employment


    (a)    There is a Clean Energy Workforce Account.

    (b)    The Account shall be funded from the Strategic Energy Investment Fund in accordance with § 9–20B–05(f)(10), (f–2), and (f–3) of the State Government Article.

    (c)    (1)    In this subsection, “clean energy industry” has the meaning stated in § 9–20B–01 of the State Government Article.

        (2)    The Account shall be used to provide grants to support workforce development programs that provide:

            (i)    pre–apprenticeship jobs training;

            (ii)    youth apprenticeship jobs training; and

            (iii)    registered apprenticeship jobs training.

        (3)    A pre–apprenticeship jobs training program must:

            (i)    be designed to prepare individuals to enter and succeed in an apprenticeship program registered by the Maryland Apprenticeship and Training Council;

            (ii)    include:

                1.    training and curriculum based on national best practices that prepare individuals with the skills and competencies to enter one or more State–registered or U.S. Department of Labor–registered apprenticeship programs that prepare workers for careers in the clean energy industry;

                2.    a documented strategy for increasing apprenticeship opportunities for unemployed and underemployed individuals, including:

                A.    recruitment strategies to bring these individuals into the pre–apprenticeship jobs training program;

                B.    educational and pre–vocational services to prepare program participants to meet the entry requirements of one or more registered apprenticeship programs;

                C.    access to appropriate support services to enable program participants to maintain participation in the program; and

                D.    mechanisms to assist program participants in identifying and applying to registered apprenticeship programs; and

                3.    rigorous performance and evaluation methods to ensure program effectiveness and improvement; and

            (iii)    have a documented partnership with at least one registered apprenticeship program described in item (ii)2 of this paragraph.

        (4)    Eligible clean energy industry jobs for a pre–apprenticeship jobs training program include positions in:

            (i)    renewable energy;

            (ii)    energy efficiency;

            (iii)    energy storage;

            (iv)    resource conservation; and

            (v)    advanced transportation.

        (5)    (i)    This paragraph applies to youth apprenticeship jobs training programs and registered apprenticeship jobs training programs supported by the Account under this subsection.

            (ii)    An apprenticeship sponsor shall receive as a grant from the Account:

                1.    up to $150,000 for a program proposal and planning expenses; and

                2.    $3,000 for each successfully completed apprenticeship.

            (iii)    The youth apprenticeship jobs training programs and the registered apprenticeship jobs training programs:

                1.    shall comply with:

                A.    all rules and regulations for the establishment of a registered apprenticeship and youth apprenticeship standard for sponsorship; and

                B.    the Maryland Apprenticeship and Training Program; and

                2.    must prepare workers for careers in the energy efficiency, geothermal, solar, and wind sectors of the clean energy industry.

            (iv)    This paragraph may not be construed to alter or amend the definition of “youth apprentice” or “registered apprentice” as defined by the Maryland Apprenticeship and Training Council and approved by the Secretary.

    (d)    (1)    (i)    In this subsection the following words have the meanings indicated.

            (ii)    “American manufactured goods” means goods that are:

                1.    manufactured in the United States; or

                2.    assembled in the United States.

            (iii)    “Assembled in the United States” means that the final production takes place at a facility within the United States, regardless of the origin of the components or subcomponents.

            (iv)    “Manufactured in the United States” means:

                1.    that all manufacturing processes take place within the United States; and

                2.    that all component parts and the manufacturing processes of the component parts originate from within the United States, regardless of the origin of the subcomponents.

        (2)    A grant from the Account may be made only to a program that agrees to:

            (i)    use or supply American manufactured goods; and

            (ii)    initiate a project labor agreement.

        (3)    Paragraph (2)(i) of this subsection does not apply if:

            (i)    the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by more than 25%;

            (ii)    the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities;

            (iii)    the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States; or

            (iv)    the procurement of a manufactured good would be inconsistent with the public interest.

        (4)    The Board of Public Works shall adopt regulations to define the following terms for the purposes of this subsection:

            (i)    “reasonably available”; and

            (ii)    “substantially less”.

        (5)    If a court or a federal or State agency determines that a program receiving money from the Account has misrepresented that goods used in a program to which paragraph (2)(i) of this subsection applies were manufactured or assembled in the United States, that program shall be ineligible to receive a grant from the Account for 5 years following the date that the court or federal or State agency makes the determination.

    (e)    A program that receives a grant from the Account shall meet the requirements of the State prevailing wage law under Title 17, Subtitle 2 of the State Finance and Procurement Article.

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