The American Recovery and Reinvestment Act of 2009 (ARRA) provides significant funding to two programs being operated by the Maryland Energy Administration (MEA): the State Energy Program (SEP) and the Energy Efficiency and Conservation Block Grant (EECBG) program. Both of these programs can provide interested businesses with the opportunity to participate in ARRA-related energy projects.
In order to participate on ARRA-related projects, federal law requires that businesses be able to comply with applicable federal regulations. In the case of the ARRA-funded SEP and EECBG programs, businesses are required to comply with certain statutory provisions and regulations, including, but not limited to, the following:
- The Davis-Bacon Act: This act requires that all laborers and mechanics employed on projects funded by ARRA (in whole or in part) be paid at least weekly at the prevailing wage rate for the locality in which the project is located.
Additional information related to Davis-Bacon, including prevailing wage rates for Maryland, can be found at:
http://www.dol.gov/esa/whd/programs/dbra/whatdbra.htm
http://www.wdol.gov/dba.aspx#3 (choose Maryland, then your county, and then the type of construction)
- The Buy American Act: This act requires the use of iron, steel, and manufactured goods made in the United States, or in a country covered under an applicable international trade agreement, for ARRA-related projects occurring on public buildings or involving public works. Additional information related to the Buy American act can be found at:
http://edocket.access.gpo.gov/2009/pdf/E9-9073.pdf
- ARRA Reporting Requirements: ARRA requires that recipients and sub-recipients of ARRA funds report certain information regarding the use and effect of ARRA funds, including the number of jobs created and retained with the funding, and any energy efficiency and savings created through use of ARRA funds. Sometimes this information must be reported directly to federal agencies, and other times it must be reported to the state agency handling the distribution of ARRA funds.
Businesses must be aware that they may be required to comply with additional regulations, and existing requirements may change as necessary to reflect changes in federal and state regulations and guidance.