Energy Facility Construction

Maine’s Apprenticeship in Energy Facility Construction (“Green New Deal for Maine”) law went into effect in January of 2021.  Rules were adopted by the Maine Department of Labor in January of 2022.

The Bureau of Labor Standards is responsible for enforcing this law in accordance with the rules.

This law requires that, to the extent that qualified apprentices are determined to be available, construction employers constructing a generation facility of 2 megawatts or more employ an established percentage of qualified apprentices for their construction projects.

The number of apprentices must equal at least: 

  • 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;
  • 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
  • If construction of the generation facility begins on or after January 1, 2027, 25% of all persons employed in the construction. 

The requirements are specified by the law, Title 26, Chapter 43 and by Rules in 12-170: Bureau of Labor Standards:

  • Ch. 19  Rules Governing Apprenticeship in Construction of Energy Generation Facilities.

Maine’s new Act Concerning Equity in Renewable Energy Projects and Workforce Development takes effect on August 8, 2022.  In addition to setting standards for pre-apprenticeship training programs, it brings certain energy facility projects under Maine’s existing Prevailing Wage law (Minimum Wage Rates on State Construction Projects, 26 MRS Chapter 15) beginning on January 1st of 2023.

Specifically, it requires contractors and subcontractors working on the construction of renewable energy generating systems that are at least 2 megawatts in size and receive state assistance—which it defines as "assisted projects”—to pay construction workers at least the minimum wages and benefits for each occupation and area, as determined by the Department’s Bureau of Labor Standards. 

It further provides that employers may pay the established apprentice rate only to apprentices on the project who participate in a registered apprenticeship program.

Further guidance on these new provisions will be available as the effective date approaches.

Bill with the new requirement:

Prevailing Wage Statute (26 MRS Chapter 15):

  • Rules (BLS Chapter 13):Ch. 13  Rules Governing the Establishment and Use of Fair Minimum Wage Rates on State Construction Projects

 

Q. Is the owner of a facility a “Person constructing a generating facility” (i.e.- included in the definition as an entity who has a significant measure of control)?

  • A “Person constructing a generation facility” is defined in the rules as: ...A general contractor or subcontractor, or other entity who has a significant measure of control over the construction of a generation facility.

    The Bureau will determine on a case-by-case basis if the owner of a facility qualifies as a “Person constructing a generating facility”.

Q. What forms, if any, is the construction employer required to submit to the Maine Department of Labor?

  • There is no form that construction employers are required to fill out and submit to the Maine Department of Labor.
  • Prior to starting the construction project or prior to starting each phase of the construction project, a construction employer must submit in writing, a plan for locating and employing enough qualified apprentices.
  • Efforts to employ qualified apprentices must be continuous. When each phase of the construction project is completed, the employer must submit to the Bureau an interim report disclosing the results of its efforts to employ qualified apprentices including a clear explanation if they failed to hire enough qualified apprentices during that phase of the project.
  • When the entire project is complete, the employer must submit a final report also including a clear explanation if they failed to hire enough qualified apprentices during the entire project.

Q. How can the construction employer meet the requirements of this law?

A construction employer can meet the requirements of this law by:

  • Becoming a registered apprenticeship sponsor with the Maine Apprenticeship Program (MAP).
  • Becoming a sub-sponsor or signatory sponsor to an existing Registered Apprenticeship program by contacting the sponsor and requesting to be added to their list of sub-sponsors or signatory sponsors.
  • Hiring a subcontractor who participates in a registered apprenticeship program as either an individual sponsor or as a signatory/sub sponsor of a union or construction association.
  • Demonstrating to the Bureau of Labor Standards that they made a reasonable effort to employ qualified apprentices, but an insufficient number were available.

Q. How does a construction employer show that they made a reasonable effort to employ qualified apprentices?

A construction employer should document their efforts in writing in each report to the Maine Department of Labor’s Bureau of Labor Standards. This may include contacting the Maine Apprenticeship Program (MAP), sponsors of apprenticeship training programs such as labor organizations and employers with a presence in Maine, or other appropriate sources.  (Among others, they may wish to contact the Maine State Building & Construction Trades Council at 207-317-1447.)

Q. Can apprentices reside in other states?

Yes, apprentices working on a job site located in Maine may reside in other states and still be counted toward the required percent of employees.

Q. Are apprentices from all apprenticeable occupations counted together to meet the required percentage?  Can all be from one occupation?

Yes. For instance, if 100 persons were employed in a construction begun before 2025, ten apprenticed electricians, or five apprenticed laborers and five apprenticed electricians, or any other combination of ten qualified apprentices would meet the 10% requirement.

Q. What occupations are included in determining the number of persons employed in the construction (Section 3502.1. A, B & C), all or just apprenticeable? What occupations are considered apprenticeable?

All apprenticeable occupations must be included in determining the number of persons employed in the construction.
As explained in 26 MRS 3201(2), an apprenticeable occupation is a skilled occupation that:

  • Is typically learned practically through a structured program of 2000 hours per year of supervised on-the-job learning.
  • Is clearly identified and commonly recognized through an industry.
  • Involves specialized skills and knowledge that require a minimum number of hours as directed by the schedule of on-the-job work experience.
  • Requires related instruction classes to supplement on-the-job learning.

Q. When is a construction considered to begin?

Construction is considered to begin with the very earliest phase of an operation to physically construct a facility, including preparation of the site, erecting fencing and other protective structures to secure the site, maintenance and transport of materials on the site.