In this subtitle the following words have the meanings indicated. “Credential” means a recognized: educational diploma; certificate or degree; occupational license; apprenticeship certificate; industry recognized certification; or award for skills attainment and completion, issued by an approved training provider in the State or third–party credential provider. “High–demand occupation” means an occupation that: has a significant presence within target industries; is in demand by employers; and pays or leads to payment of a family sustaining wage. “Identifiable skill” means the attainment of proficiency in a specific work–related skill that is likely to lead to future job advancement and improvement in an individual’s earning potential. “Job readiness training” means training for the purpose of assisting and supporting jobseekers in overcoming individual barriers to employment and developing the skills necessary to maintain employment and to qualify for skills training opportunities. “Job readiness training” includes: occupational skills development; GED preparation; literacy advancement; financial stability services, including financial coaching; credit counseling; transportation; and child care. “Local board” means a local workforce development board established to administer services in a workforce development area established under Subtitle 5 of this title. “Maryland EARN Program” means the Maryland Employment Advancement Right Now Program created under this subtitle. “Strategic industry partnership” means a collaboration that brings together a regional group that may include employers, nonprofits, institutions of higher education, community colleges, local boards, local governments, or other relevant partners to: identify common workforce needs for high–demand occupations within a target industry; and develop and implement industry strategies to meet the common workforce needs and shortages based on regional needs. “Target industry” means a group of employers closely linked by a common product or service, workforce skills, similar technologies, supply chains, or other economic ties.

In this section, “CTE Committee” means the Career and Technical Education Committee established under § 21–207 of the Education Article. There is a Maryland Employment Advancement Right Now (EARN) Program in the Department. The purpose of the Maryland EARN Program is to create industry–led partnerships to advance the skills of the State’s workforce, grow the State’s economy, and increase sustainable employment for working families. The Department, in consultation with the Department of Commerce, the CTE Committee, and the Governor’s Workforce Development Board, shall establish and administer the Maryland EARN Program to provide grants on a competitive basis for: an approved strategic industry partnership for development of a plan consistent with the purpose of the Maryland EARN Program; workforce training programs and other qualified programs that provide industry valued skills training to individuals that result in a credential or identifiable skill consistent with an approved strategic industry partnership plan; job readiness training and skills training that results in a credential or an identifiable skill; and collectively bargained, registered apprenticeships that: are working to incorporate the apprenticeship’s curriculum into high school career and technical education programs; are working to ensure that community college credits are available for instruction provided by an apprenticeship sponsor; or offer apprenticeships to high school students.

An application for a strategic industry partnership grant under § 11–702(d) of this subtitle shall: include: evidence of shortages in skilled employment within the target industry over a sustained period of time; a description of specific high–demand occupations or sets of occupations within the target industry; and the specifics of training programs that would result in individuals obtaining credentials or identifiable skills to facilitate their employment or advancement in the targeted industry; and identify members participating in the strategic industry partnership and include identification of the target industry and the participating local board. Grants may be awarded for skills training consistent with an approved strategic industry partnership plan developed under § 11–702(c) of this subtitle to: industries with identified positions and a demonstrated need for incumbent worker training that can be accessed by employees at their place of employment or other location; industries with an identified workforce shortage that will be seeking to hire individuals to train to meet a specific skill need; a member of a strategic industry partnership that can provide job readiness training to qualified individuals directly or through accounts held at local boards on behalf of the individual; and educational providers that offer training consistent with the goals of the plan. The competitive grant process shall give priority to strategic industry partnerships that maximize the potential of the collaboration through direct financial or in–kind contributions by members of the target industry.

The Department may adopt regulations to carry out the provisions of this subtitle.

The Department shall monitor all grants provided under the Maryland EARN Program. The Department may require that all recipients of strategic industry partnership grants: demonstrate an ability to collaborate successfully; and include additional provisions in a grant proposal to ensure accountability. The Department may revoke grant funding from a strategic industry partnership, workforce training program, or partnership member if goals consistent with a grant agreement approved by the Department are not met. To the extent practicable and consistent with relevant judicial opinions and statutory law, any intellectual property developed as a result of a grant awarded under the Maryland EARN Program shall remain in the public domain.

The Department, in consultation with the Department of Budget and Management, shall develop and implement a State employment advancement strategy. The State employment advancement strategy shall identify: positions in State government in need of skilled employees; and mechanisms to provide incumbent State employees with access to skills training programs that result in: employment advancement resulting in title promotion or wage promotion; or the potential for future employment advancement as the result of obtaining a credential or identifiable skill.

The Department, in consultation with the Department of Commerce and the Department of Information Technology, shall develop a uniform and easily accessible statewide “Train Maryland” Web site promoting available training programs in the State, including those available under the Maryland EARN Program.

For fiscal year 2014 and each fiscal year thereafter, the Maryland EARN Program shall be funded as provided for in the State budget.

There is a Clean Energy Workforce Account. The Account shall be funded from the Strategic Energy Investment Fund in accordance with § 9–20B–05(f)(10), (f–2), and (f–3) of the State Government Article. In this subsection, “clean energy industry” has the meaning stated in § 9–20B–01 of the State Government Article. The Account shall be used to provide grants to support workforce development programs that provide: pre–apprenticeship jobs training; youth apprenticeship jobs training; and registered apprenticeship jobs training. A pre–apprenticeship jobs training program must: be designed to prepare individuals to enter and succeed in an apprenticeship program registered by the Maryland Apprenticeship and Training Council; include: training and curriculum based on national best practices that prepare individuals with the skills and competencies to enter one or more State–registered or U.S. Department of Labor–registered apprenticeship programs that prepare workers for careers in the clean energy industry; a documented strategy for increasing apprenticeship opportunities for unemployed and underemployed individuals, including: recruitment strategies to bring these individuals into the pre–apprenticeship jobs training program; educational and pre–vocational services to prepare program participants to meet the entry requirements of one or more registered apprenticeship programs; access to appropriate support services to enable program participants to maintain participation in the program; and mechanisms to assist program participants in identifying and applying to registered apprenticeship programs; and rigorous performance and evaluation methods to ensure program effectiveness and improvement; and have a documented partnership with at least one registered apprenticeship program described in item (ii)2 of this paragraph. Eligible clean energy industry jobs for a pre–apprenticeship jobs training program include positions in: renewable energy; energy efficiency; energy storage; resource conservation; and advanced transportation. This paragraph applies to youth apprenticeship jobs training programs and registered apprenticeship jobs training programs supported by the Account under this subsection. An apprenticeship sponsor shall receive as a grant from the Account: up to $150,000 for a program proposal and planning expenses; and $3,000 for each successfully completed apprenticeship. The youth apprenticeship jobs training programs and the registered apprenticeship jobs training programs: shall comply with: all rules and regulations for the establishment of a registered apprenticeship and youth apprenticeship standard for sponsorship; and the Maryland Apprenticeship and Training Program; and must prepare workers for careers in the energy efficiency, geothermal, solar, and wind sectors of the clean energy industry. This paragraph may not be construed to alter or amend the definition of “youth apprentice” or “registered apprentice” as defined by the Maryland Apprenticeship and Training Council and approved by the Secretary. In this subsection the following words have the meanings indicated. “American manufactured goods” means goods that are: manufactured in the United States; or assembled in the United States. “Assembled in the United States” means that the final production takes place at a facility within the United States, regardless of the origin of the components or subcomponents. “Manufactured in the United States” means: that all manufacturing processes take place within the United States; and that all component parts and the manufacturing processes of the component parts originate from within the United States, regardless of the origin of the subcomponents. A grant from the Account may be made only to a program that agrees to: use or supply American manufactured goods; and initiate a project labor agreement. Paragraph (2)(i) of this subsection does not apply if: the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by more than 25%; the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities; the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States; or the procurement of a manufactured good would be inconsistent with the public interest. The Board of Public Works shall adopt regulations to define the following terms for the purposes of this subsection: “reasonably available”; and “substantially less”. If a court or a federal or State agency determines that a program receiving money from the Account has misrepresented that goods used in a program to which paragraph (2)(i) of this subsection applies were manufactured or assembled in the United States, that program shall be ineligible to receive a grant from the Account for 5 years following the date that the court or federal or State agency makes the determination. A program that receives a grant from the Account shall meet the requirements of the State prevailing wage law under Title 17, Subtitle 2 of the State Finance and Procurement Article.

On or before December 31 of each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Economic Matters Committee on the Maryland EARN Program. The report required under subsection (a) of this section shall include: an identification of training needs statewide, including industries in urgent need of qualified workers; information on measures being used to track the success and accountability of the Maryland EARN Program, including use of the StateStat accountability process under § 3–1003(b) of the State Finance and Procurement Article; a description of each strategic industry partnership receiving grant funding and the status of the partnership; and the jurisdiction of the State in which each strategic industry partnership is located; the number of individuals: by sex, race, national origin, income, county of residence, and educational attainment, participating in each component of the Maryland EARN Program; and participating in the Maryland EARN Program who, as a result of the Program, have obtained: a credential or an identifiable skill; a new employment position; a title promotion; or a wage promotion; an assessment of whether and to what extent the approved strategic industry partnerships utilized existing data concerning: training needs in the State identified in previous studies; and applicable skills needs identified in existing workforce studies, plans, or research; and information on the success of funding workforce development programs under § 11–708.1 of this subtitle. The information reported under subsection (b)(6) of this section shall contain specific information concerning the entities providing pre–apprenticeship, youth apprenticeship, and registered apprenticeship job training programs from the Clean Energy Workforce Account, including: the name and location of each program; the populations targeted by each program; the training and curriculum provided; program enrollment and graduation rates; and the number and types of placements achieved by trainees who complete each program.

This subtitle may be cited as the “Maryland EARN Program”.