An Act To Establish a Green New Deal for Maine
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA c. 43 is enacted to read:
CHAPTER 43
APPRENTICESHIP IN ENERGY FACILITY CONSTRUCTION
§ 3501. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Apprentice. "Apprentice" has the same meaning as in section 3201, subsection 1 or means a person who is in an apprenticeship program registered with the United States Department of Labor.
2. Construction employer. "Construction employer" means a person constructing a generation facility in this State who hires any person to construct that generation facility.
3. Department. "Department" means the Department of Labor.
4. Generation facility. "Generation facility" means a facility for the generation of electricity that has an installed capacity of 2 megawatts or more, other than a facility located on the customer side of an electric meter.
§ 3502. Requirements
A construction employer constructing a generation facility shall employ apprentices in accordance with this section.
1. Percentages. A construction employer shall, to the extent qualified apprentices are determined to be available in accordance with rules adopted by the department, employ a number of apprentices that equals at least:
A. If construction of the generation facility begins on or after January 1, 2021 and before January 1, 2025, 10% of all persons employed in the construction;
B. If construction of the generation facility begins on or after January 1, 2025 and before January 1, 2027, 17.5% of all persons employed in the construction; and
C. If construction of the generation facility begins on or after January 1, 2027, 25% of all persons employed in the construction.
2. Rules. The department shall adopt rules to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
3. Penalties. The following provisions apply to a violation of this section.
A. A construction employer who violates this section commits a civil violation for which a fine of not less than $50 nor more than $200 may be adjudged.
B. A construction employer who discharges or in any other manner discriminates against an employee because the employee makes a complaint to the department or to the district attorney concerning a violation of this section commits a civil violation for which a fine of not less than $50 nor more than $200 may be adjudged.
C. In the event a construction employer is adjudged to have violated this section, the Attorney General may institute injunction proceedings in the Superior Court to enjoin any further violations.
Sec. 2. 35-A MRSA §10123, as enacted by PL 2013, c. 366, §1, is amended by adding at the end a new paragraph to read:
The trust, in collaboration with the Department of Education, shall identify and provide incentives for cost-effective electric and natural gas conservation projects in school construction projects designated by the State Board of Education for funding pursuant to rules adopted under Title 20-A, section 15905.
Sec. 3. 35-A MRSA §10124 is enacted to read:
§ 10124. School solar energy program
The trust shall arrange power purchase agreements for solar capacity for new school construction in accordance with this section.
1. Competitive solicitation; bids. After construction has begun on a school construction project approved for funding by the State Board of Education, the trust shall conduct a competitive solicitation for a power purchase agreement for solar capacity to be installed on the school property. The solicitation must specify the capacity of the solar installation to be installed, which may not exceed the estimated annual electricity consumption by the school or 100 kilowatts, whichever is less, and specify the price per kilowatt hour to be paid by the school to the bidder for the term of the power purchase agreement, which must approximate, so far as possible, the price of electricity that the school would otherwise pay to acquire the electricity from the retail market.
2. Bid evaluation; power purchase agreement. The trust shall establish by rule qualifications for bidders and requirements for bids for power purchase agreements submitted under subsection 1. All bids must specify the price to the school to buy the solar installation at the end of the term of the power purchase agreement.
3. Award and administration. The trust shall award a power purchase agreement to the qualified bidder that offers the lowest price for the school to purchase the solar installation at the end of the term of the power purchase agreement pursuant to subsection 2. The trust shall ensure that the power purchase agreement is commercially reasonable and commits all parties to commercially reasonable behavior. The trust shall provide the final power purchase agreement to the commission and the commission shall, in accordance with rules adopted by the commission, direct the transmission and distribution utility serving the school to administer the power purchase agreement on behalf of the school in a manner, so far as possible, consistent with section 3210-C.
4. Rules. Rules adopted by the trust under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Rules adopted by the commission under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.