§ 39-31-10. Offshore wind procurement.
(a) The electric distribution company is hereby authorized and required to issue a request
for proposals for at least six hundred megawatts (600 MW) but no greater than one
thousand megawatts (1,000 MW) of newly-developed offshore wind capacity no later than
October 15, 2022. The electric distribution company shall develop the request for
proposals (RFP) in consultation with the Rhode Island office of energy resources and
the Rhode Island division of public utilities and carriers. Review of any proposed
contract(s) resulting from this procurement shall be conducted by the commission consistent
with the requirements of this chapter. The request for proposals shall require all
bidders to provide, at a minimum, information on potential environmental impacts through
the submittal of an environmental and fisheries mitigation plan, which shall include
site and environmental data transparency requirements; a site layout plan and maps
that illustrate the location of all on-shore and offshore equipment and facilities
and clearly delineates the perimeter of the area in which offshore wind turbines will
be placed; annualized estimates for all economic benefits, including the specific
in-state expenditures and employment proposed during the development, construction,
and operation and maintenance phases of the project; a diversity, equity, and inclusion
plan that, at a minimum, provides the bidder's proposed strategy to enable access
to employment and vendor opportunities for historically marginalized communities;
identification of Rhode Island vendors and other domestic offshore wind supply chain
opportunities associated with the project; and a plan outlining the bidder's intentions
with respect to the negotiation of a project labor agreement(s) to cover construction
activities on a proposed project. This information shall be incorporated in the procurement's
evaluation and scoring criteria.
(b) The electric distribution company, prior to its issuance, shall file the RFP as described
in subsection (a) of this section with the commission solely for the purpose of soliciting
public comment. The RFP shall be available for thirty (30) days and the commission
shall accept written comment throughout that period, and it shall hold one public
hearing to accept oral comments. Following the public comment period, the electric
distribution company shall issue the RFP with no further action of the commission.
Should the electric distribution company subsequently file a contract resulting from
the RFP under subsection (c) of this section, or an alternative filing under subsection
(d) of this section, it shall provide testimony responding to the public comments
either indicating how it was incorporated into the final filing or was not germane
to the procurement.
(c) Unless the electric distribution company determines that the bids are unlikely to
lead to contracts that comply with all of the requirements of this section and § 39-31-6, it shall select a project or projects for negotiating a contract that shall be conditioned
upon approval by the commission. Negotiations shall proceed in good faith to achieve
a commercially reasonable contract that meets the standards set forth in this chapter.
Should the distribution company and the selected party agree to a contract, the contract
shall be filed with the commission no later than March 15, 2024, for commission approval.
The commission shall review the contract and issue an order approving or disapproving
the contract within one hundred twenty (120) days of the filing. If the parties are
unable to reach agreement on a contract prior to March 15, 2024, an unsigned copy
noting which items have mutual agreement and providing each parties' preferred terms
that remain in dispute shall be filed with the commission by the electric distribution
company prior to that same date. The commission shall have the authority to evaluate
the unsigned contract consistent with the terms of this chapter, rule on any outstanding
terms in dispute, and order the electric distribution company to execute the approved
contract. In such case of a disputed contract, the commission has the discretion to
extend the deadline for approval as needed to complete its review.
(d) If the electric distribution company determines that the bids are unlikely to lead
to contracts that meet all of the requirements of this section and § 39-31-6, it shall submit a filing to the commission together with testimony to explain why
it should not be required to negotiate a contract. The commission shall review and
rule on the filing within ninety (90) days, which review shall include soliciting
input from the agencies required to provide advisory opinions to the commission, and
public comment. If the electric distribution company fails to show that the bids are
unlikely to lead to a contract that meets all the requirements of this section and
§ 39-31-6 the commission may order the utility to proceed with negotiations as set forth in
subsection (c) of this section.
(e) Long-term contracts shall require that developers of newly developed renewable energy
resources will enter into a labor peace agreement with at least one bona fide labor
organization either where such bona fide labor organization is actively representing
employees providing necessary construction, operations and maintenance services for
the newly developed renewable energy resource at the time of such agreement or upon
notice by a bona fide labor organization that is attempting to represent employees
who will provide necessary operations and maintenance services for the renewable energy
system employed in the state. The maintenance of such a labor peace agreement shall
be an ongoing material condition of any continuation of payments under the contract.
(f) Developers of newly developed renewable energy resources shall pay each construction,
operations and maintenance employees wages and benefits that are not less than the
prevailing wage and fringe benefit rates at the journeyman level that are prescribed
by the department of labor and training pursuant to chapter 13 of title 37, for the corresponding classification in which the employee is employed, and not
less than the prevailing wage rates for employees for which there is no classification
prescribed by the department of labor and training; provided that, a worker may be
paid wages and benefits not less than the rate applicable to apprentices for the pertinent
classification if:
(1) The worker is a participant in an approved apprenticeship program; and
(2) The approved apprenticeship program from which the apprentice is hired maintains a
direct entry agreement with a certified pre-apprenticeship training program.
(g) Solicitations by the electric distribution company shall reflect the requirements
of this section.