§ 7-1104

(a) For any front–of–meter or behind–the–meter projects related to the construction of any thermal energy network system under this subtitle, an electric company, a gas company, or a water company shall:

(1) work with employees already under contract with the company; or

(2) use qualified contractors that abide by a community benefit agreement.

(b) An electric company, a gas company, or a water company shall give its employee bargaining unit an opportunity to work on any front–of–meter or behind–the–meter projects related to the construction of any thermal energy network system.

(c) (1) An electric company, a gas company, or a water company operating a thermal energy network system shall provide its employee bargaining unit an opportunity to provide maintenance and operations for any thermal energy network system.

(2) (i) Subject to subparagraph (ii) of this paragraph, an electric company, a gas company, or a water company may contract any work under this subtitle not conducted by the company’s employee bargaining unit to a qualified contractor.

(ii) An electric company, a gas company, or a water company shall require a contractor or subcontractor on a project under this subtitle to:

1. pay the area prevailing wage rate determined by the Commissioner of Labor and Industry, including wages and fringe benefits;

2. offer health care and retirement benefits to the employees working on the project;

3. participate in an apprenticeship program registered with the State or the U.S. Department of Labor;

4. establish and execute a plan for outreach, recruitment, and retention of State residents to perform work on the project, with an aspirational goal of 25% of total work hours performed by Maryland residents, including residents who are:

A. returning citizens;

B. women;

C. minority individuals; or

D. veterans;

5. have been in compliance with federal, State, and local wage and hour laws for the previous 3 years;

6. be subject to all State reporting and compliance requirements;

7. maintain all appropriate licenses in good standing; and

8. establish and execute a plan to meet or exceed the minority business enterprise participation goals established under subsection (d)(3) of this section.

(d) (1) The findings and evidence relied on by the General Assembly for the continuation of the Minority Business Enterprise Program under Title 14, Subtitle 3 of the State Finance and Procurement Article are incorporated in this subsection.

(2) To the extent practicable and authorized by the U.S. Constitution, an approved pilot system applicant and the Maryland Environmental Service shall comply with the State’s Minority Business Enterprise Program.

(3) (i) Within 6 months after the approval of a pilot system under § 7–1102(c) of this subtitle, the Governor’s Office of Small, Minority, and Women Business Affairs, in consultation with the Office of the Attorney General and the gas company operating the approved pilot system, shall establish a clear plan for setting reasonable and appropriate minority business enterprise participation goals and procedures for the pilot system.

(ii) To the extent practicable, the goals and procedures specified in subparagraph (i) of this paragraph shall be based on the requirements of Title 14, Subtitle 7 of the State Finance and Procurement Article and the regulations implementing that subtitle.

(4) (i) A gas company operating a pilot system and the Maryland Environmental Service shall submit an annual report on minority enterprise participation to the Commission.

(ii) The Commission shall provide any reports received under subparagraph (i) of this paragraph to the General Assembly, in accordance with § 2–1257 of the State Government Article.