| Chapter 241 |
| 2023 -- S 0771 Enacted 06/22/2023 |
| A N A C T |
| RELATING TO PUBLIC UTILITIES AND CARRIERS -- LABOR STANDARDS IN RENEWABLE ENERGY PROJECTS |
Introduced By: Senators Britto, Ruggerio, Lawson, Ciccone, DiPalma, and DiMario |
| Date Introduced: March 23, 2023 |
| 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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| LC001752 |
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