Page 1 - 131LR0741(05)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 766 - L.D. 1895
An Act Regarding the Procurement of Energy from Offshore Wind
Resources
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA c. 412, sub-c. 3 is enacted to read:
SUBCHAPTER 3
PORT FACILITIES RELATING TO OFFSHORE WIND POWER PROJECTS
§4441. Port facility-related requirements
1. Definitions.
following terms have the following meanings.
A. "Offshore wind power project" has the same meaning as in Title 35-A, section 3405,
subsection 1, paragraph C.
B. "Offshore wind terminal" has the same meaning as in Title 35-A, section 3410,
subsection 1, paragraph D.
C. "Public authority" has the same meaning as in Title 26, section 1304, subsection 7.
D. "Public work" has the same meaning as in Title 26, section 1304, subsection 8.
2. Public works; offshore wind terminals; agreements.
section 3601, if an offshore wind terminal that is a public work is constructed or altered for
the purpose of supporting an offshore wind power project, the public authority responsible
for the construction or alteration shall require agreements that comply with 29 United States
Code, Section 158(f) or Title 35-A, section 3408, subsection 3 for all construction work.
3. Public-private partnership; agreements.
involves a public-private partnership that includes the lease of an offshore wind terminal
owned or operated by the State, including any port facility owned or operated by the Maine
Port Authority, the department, authority or other agency responsible for granting the lease
shall require agreements that comply with 29 United States Code, Section 158(f) or Title
APPROVED
JULY 27, 2023
BY GOVERNOR
CHAPTER
481
PUBLIC LAW Page 2 - 131LR0741(05)
35-A, section 3408, subsection 3 as a condition of the lease for all on-site construction and
fabrication of materials for the offshore wind power project.
Sec. 2. 35-A MRSA §3401-A
§3401-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Apprentice.
subsection 1.
2. Certified business.
the federal Small Business Administration or another appropriate entity, as determined by
the commission by rule, as a minority-owned, veteran-owned or women-owned business.
3. Community and workforce enhancement standards.
enhancement standards" means the standards described in section 3408, subsection 3 that
contractors and subcontractors responsible for construction work and individuals
performing construction work must meet.
4. Construction work.
remodeling of a structure and any work directly related to the construction, alteration or
remodeling of a structure, including, but not limited to, landscaping and trucking, but does
not include surveying or engineering or the examination or inspection of a construction
site.
5. Currently available and qualified employee.
employee" means an individual, including, but not limited to, an apprentice, performing
construction work who:
A. Is employed by and receives a W-2 form from a contractor or subcontractor
responsible for construction work and has been employed as a permanent employee by
that contractor or subcontractor for at least 90 calendar days prior to the
commencement of that contractor's or subcontractor's work; and
B. Possesses the skills, credentials, certifications or specialized training necessary to
complete the required tasks upon being assigned to the construction site.
6. Disadvantaged business enterprise.
business that is certified by the Department of Transportation in compliance with federal
regulations under 49 Code of Federal Regulations, Part 26.
7. Fishing community.
organisms, as defined in Title 12, section 6001, subsection 26, are landed or processed.
8. Hiring hall.
entity associated with a labor organization that places employees with an employer under
a collective bargaining agreement or otherwise places employees with employers.
9. Inclusive bidding standards.
guidelines to ensure comprehensive engagement and involvement of the construction
industry, including requirements that:
A. The relevant agency or agencies responsible for awarding contracts related to the
construction of an offshore wind power project make a demonstrated and documented Page 3 - 131LR0741(05)
effort to ensure broad and maximum engagement and participation of all interested
contractors upon the publication by the agency or agencies of requests for proposals
surrounding work on or related to the offshore wind power project; and
B. All contractors, including, but not limited to, those headquartered in the State,
regardless of whether their employees are covered under a collective bargaining
agreement, are eligible and encouraged to bid on and participate in any work related to
an offshore wind power project.
10. Labor organization.
3210-H, subsection 1, paragraph B.
11. Lobster Management Area 1.
defined by rule as Lobster Management Area 1 by the Department of Marine Resources.
12. Maine emerging industry compensation threshold.
compensation threshold" means an employment total compensation package that includes
wages, health and welfare benefits, retirement benefits and any additional employer-paid
benefits that have a monetary value equal to or greater than that established and in effect
as a result of a mutual agreement between a labor organization whose local jurisdiction
includes the county in the State where the work related to an offshore wind power project
is being or is to be performed, based on data submitted by that labor organization to the
Department of Labor, and the related and applicable contractors that are signatories to that
mutual agreement.
13. Nameplate capacity.
3481, subsection 11.
14. Office.
9.
15. Offshore wind power project.
meaning as in section 3405, subsection 1, paragraph C and includes, but is not limited to,
floating offshore wind power generation facilities.
16. Registered apprenticeship program.
means a plan approved by the Department of Labor or the United States Department of
Labor containing all terms and conditions for the qualification, recruitment, selection,
employment and training of apprentices, including, but not limited to, the requirement for
an apprenticeship agreement, a schedule of work experience outlining the skills to be
learned on the job, a schedule of related instruction courses necessary to supplement on-
the-job learning and a schedule of progressively increasing wages to be paid to an
apprentice consistent with the skill proficiencies achieved and leading toward a journeyman
wage rate.
17. Responsible entity.
an offshore wind power project.
18. Small business.
employees.
Sec. 3. 35-A MRSA §3404, sub-§2, as amended by PL 2009, c. 615, Pt. A, §4, is
repealed and the following enacted in its place: Page 4 - 131LR0741(05)
2. State wind energy generation goal.
in proximate federal waters is for at least 3,000 megawatts of installed capacity by
December 31, 2040.
Beginning January 1, 2025 and every 2 years thereafter, the office may reevaluate and
increase the goal established by this subsection and report that goal to the joint standing
committee of the Legislature having jurisdiction over energy and utilities matters.
Sec. 4. 35-A MRSA §3406, as enacted by PL 2021, c. 407, §3, is amended to read:
§3406. Offshore Wind Research Consortium; fund established
1. Offshore Wind Research Consortium.
is an initiative of the Governor's Energy Office office, in collaboration with the Department
of Marine Resources and the Department of Inland Fisheries and Wildlife, to coordinate,
support and arrange for the conduct of research on offshore wind power projects in the Gulf
of Maine.
2. Advisory board. office, in consultation with
independent scientific experts, shall establish an advisory board of the consortium to
oversee the development and execution of a research strategy to better understand the local
and regional impacts of floating offshore wind power projects in the Gulf of Maine. The
advisory board must include, but is not limited to, the following members:
A. Two individuals from organizations that represent commercial lobster harvesting
interests in the State;
B. At least one individual from an organization that represents the interest of
commercial fisheries other than lobster harvesting;
C. The Commissioner of Marine Resources, or the commissioner's designee;
C-1. The Commissioner of Inland Fisheries and Wildlife, or the commissioner's
designee;
D. Two individuals, not represented by an organization, that represent the interests of
the commercial lobster harvesting industry and commercial fisheries in the State; and
E. One individual from the recreational charter fishing industry.;
F. At least one individual who is a member of one of the federally recognized Indian
tribes in this State;
G. Two individuals with expertise in marine wildlife and habitats; and
H. At least one individual with experience in commercial offshore wind power
development.
The advisory board is subject to all applicable provisions of the Freedom of Access Act.
The operation of the advisory board must be informed by the work of regional and national
scientific entities. The advisory board shall solicit input from stakeholders, including
representatives of the fishing industry, state and federal agencies and scientific experts.
3. Research strategy.
a research strategy shall at a minimum identify:
A. Opportunities and challenges caused by the deployment of floating offshore wind
power projects to the existing uses of the Gulf of Maine; Page 5 - 131LR0741(05)
B. Methods to avoid and minimize the impact of floating offshore wind power projects
on ecosystems and existing uses of the Gulf of Maine; and
C. Ways to realize cost efficiencies in the commercialization of floating offshore wind
power projects.
The advisory board shall advise the Governor's Energy Office office on the development
of the components of the research strategy.
4. Offshore Wind Research Consortium Fund; established.
Research Consortium Fund, referred to in this subsection as "the fund," is established as a
nonlapsing fund administered by the Governor's Energy Office office and the Department
of Marine Resources and in coordination with the Department of Inland Fisheries and
Wildlife. The fund consists of funds that are appropriated by the Legislature, funds
received from federal and state sources, payments from offshore wind power projects in
accordance with section 3408, subsection 1, paragraph D, subparagraph (3) and other funds
from any public or private source received for use for any of the purposes under this
subsection. The source of any funds received from public or private sources must be
publicly disclosed. The fund may be used to support the consortium and the work of the
advisory board established in subsection 2, including for:
A. Developing the research strategy under subsection 3;
B. Conducting research pursuant to the strategy developed under subsection 3;
B-1. Supporting conservation actions and projects that support species and habitats
impacted by offshore wind power development;
C. Producing reports or other materials;
D. Compensating independent experts, if needed to assist in the development or
execution of the research strategy under subsection 3; and
E. Making any other expenditures that are necessary to achieve the purposes of this
section.
The Governor's Energy Office office, in consultation with the advisory board, shall provide
an annual report on the use of the fund in the last quarter of each calendar year to the joint
standing committee of the Legislature having jurisdiction over energy and utility matters.
Sec. 5. 35-A MRSA §3407 is enacted to read:
§3407. Maine Offshore Wind Renewable Energy and Economic Development
Program
1. Program established.
Development Program, referred to in this section as "the program," is established to further
the development and use of offshore wind power projects in the Gulf of Maine. The office,
in collaboration with the commission, shall administer the program in accordance with this
section and shall ensure that the program is designed to advance the greenhouse gas
emissions reduction obligations and climate policies of this State under Title 38, section
576-A and Title 38, section 577, the renewable energy goals established in section 3210,
subsection 1-A and all applicable workforce development efforts of this State. Under the
program, the office, in collaboration with the commission, shall: Page 6 - 131LR0741(05)
A. Encourage the responsible development of offshore wind power projects to stabilize
energy supply prices, reduce this State's reliance on imported fossil fuels, realize direct
and near-term economic benefits for the people of this State and ensure the
achievement of this State's wind energy generation goal established in section 3404,
subsection 2;
B. Support offshore wind power projects that result in long-term, family-supporting
careers, including for disadvantaged populations and communities;
C. Support responsibly sited and operated offshore wind power projects that avoid or
minimize and compensate for impacts to wildlife, habitat, fisheries and coastal
communities in the Gulf of Maine;
D. Support efforts to increase understanding of impacts of offshore wind power
projects on the marine environment and to advance research to better understand how
offshore wind power projects can coexist with minimal impact to existing ocean users,
wildlife, fisheries and the marine environment;
E. Promote diversity, equity and inclusion in the development of offshore wind power
projects with particular consideration given to the energy and economic circumstances
and opportunities in coastal and socially vulnerable communities and for the federally
recognized Indian tribes in this State. For the purposes of this paragraph, "socially
vulnerable communities" means those communities containing populations that are
disproportionately burdened by existing social inequities or lack the capacity to
withstand new or worsening burdens;
F. Support the advancement of port infrastructure, local offshore wind power-related
economic development and the development of a supply chain to support the
development of offshore wind power projects;
G. Support the development and deployment of innovative technologies to achieve the
energy policy and economic development objectives of this State, including energy
storage;
H. Support the use of Maine-based technical and engineering expertise and build on
this State's leadership in offshore wind power, maritime industries and research and
development;
I. Support the development of transmission infrastructure necessary for this State to
expeditiously meet its renewable energy and climate goals, including advancing the
development of shared or regional offshore wind power transmission infrastructure;
J. Collaborate with other states or entities when appropriate on regional issues,
including, but not limited to, transmission, procurement, supply chain and workforce
development and research and monitoring relating to wildlife, fisheries and the Gulf of
Maine ecosystem;
K. Support responsibly sited offshore wind power projects with generation facilities
located in areas outside of the area of the Gulf of Maine where the majority of lobster
fishing or other significant commercial fishing occurs;
L. Coordinate the activities of state agencies that are affected by the development of
offshore wind power projects, including, but not limited to, the Department of
Economic and Community Development, the Department of Labor, the Department of Page 7 - 131LR0741(05)
Marine Resources, the Department of Transportation, the Department of Inland
Fisheries and Wildlife and the Department of Environmental Protection; and
M. Support the development of deep-water offshore wind power projects and
transmission infrastructure in the Gulf of Maine that serve the public interest by
advancing the renewable energy and climate policies and economic development goals
of this State and helping to reduce energy price volatility.
2. Federal lease stipulations.
including, but not limited to, the Department of Marine Resources, shall advocate for the
inclusion in any leases issued by a federal agency for offshore wind energy production in
federal waters provisions that will:
A. Support economic development, including the development of port infrastructure;
B. Promote public communications plans about the leased activity;
C. Ensure appropriate engagement with federally recognized Indian tribes in this State;
D. Include adequate transmission planning;
E. Result in access to research conducted in connection with the lease; and
F. Maximize mitigation of and compensation for impacts to coastal communities,
wildlife, fisheries and the marine environment.
Sec. 6. 35-A MRSA §3408 is enacted to read:
§3408. Offshore wind energy procurement
1. Preparation of requests for proposals; offshore wind power projects.
shall establish a schedule for competitive solicitations for the development and construction
of offshore wind power projects to meet the objectives of the program as described in
section 3407. The office shall prepare, in consultation with appropriate state agencies, a
request for proposals to implement each competitive solicitation. Upon developing a
request for proposals for a competitive solicitation under this section, the office shall submit
the request for proposals to the commission for approval.
A. A competitive solicitation under this section must specify the date on which a
subsequent solicitation must be initiated and the specified date must be within 36
months of a previous solicitation.
B. The office shall make reasonable efforts to consult with entities within this State,
including, but not limited to, the commission, the Office of the Public Advocate and
entities included in section 3407, subsection 1, paragraph L, and other states or entities
regarding coordinated competitive solicitations.
C. A competitive solicitation under this section must seek proposals for offshore wind
power projects with not less than approximately 600 megawatts of nameplate capacity
or of sufficient size to enable cost-competitive commercial-scale development. A
competitive solicitation developed in coordination with other states or entities may
seek proposals for offshore wind power projects with a nameplate capacity of less than
600 megawatts if the coordinated solicitation is in an aggregate amount sufficient to
enable cost-competitive commercial-scale development.
D. A solicitation under this section must specify bidder criteria, including: Page 8 - 131LR0741(05)
(1) Submission of plans that meet or exceed state and federal requirements or
guidelines and are consistent with the recommendations in the Maine Offshore
Wind Roadmap issued by the office in February 2023:
(a) To ensure stakeholder engagement, capacity building and equity with
particular consideration given to the energy and economic circumstances and
opportunities in coastal and socially vulnerable communities, as defined in
section 3407, subsection 1, paragraph E;
(b) To achieve economic and community benefits, including, but not limited
to, investments in and development of ports, supply chains and the necessary
workforce;
(c) To achieve diversity, equity and inclusion in employment and contracting
for the project;
(d) To provide for fisheries research, monitoring and mitigation; and
(e) To provide for environmental and wildlife research, monitoring, mitigation
and conservation;
(2) A fishing communities investment plan, as described in subsection 4;
(3) An agreement by the responsible entity, if it is approved for a contract under
this section, to pay an amount set in the solicitation of at least $5,000 per megawatt
of the offshore wind power project's nameplate capacity to the Offshore Wind
Research Consortium Fund in accordance with section 3406, subsection 4;
(4) An agreement by the responsible entity, if it is approved for a contract under
this section, to provide financial and technical assistance necessary to implement
the plans listed in subparagraphs (1) and (2); and
(5) Workforce requirements, as described in subsection 3.
The office may waive any of the requirements of this paragraph if the office determines
that applicable federal criteria, including, but not limited to, federal lease provisions,
adequately achieve the applicable requirement.
E. A competitive solicitation under this section must be announced, prior to issuance,
through a notice of intent and made available in draft form, including the criteria for
the plans required pursuant to paragraph D, for public comment. The office shall:
(1) Conduct at least 2 public comment sessions on the solicitation, at least one of
which must be in person, in advance of the publication of a draft solicitation to
assist in the development of the contents of the draft solicitation;
(2) Respond in writing to the comments received regarding the draft solicitation;
(3) Coordinate with the Department of Economic and Community Development,
the Department of Marine Resources, the Department of Transportation, the
Department of Inland Fisheries and Wildlife and the Department of Environmental
Protection on the development of the criteria for the plans required pursuant to
paragraph D;
(4) Coordinate with the Department of Agriculture, Conservation and Forestry to
ensure submerged lands leasing rates and fees, as described in Title 12, section
1862, are aligned with the goals of the program as described in section 3407 and Page 9 - 131LR0741(05)
reflect a fair market rate considering fees set by other states in the region for the
use of submerged lands in connection with an offshore wind power project;
(5) Seek public input on appropriate contracting mechanisms for inclusion in the
solicitations to address market dynamics and impacts to ratepayers, including, but
not limited to, indexing and price adjustments;
(6) Request comments on the draft solicitation from each federally recognized
Indian tribe in this State and the Maine Indian Tribal-State Commission; and
(7) In developing the plan criteria for the plans required pursuant to paragraph D,
consider all comments received under subparagraph (6).
2. Requests for proposals; offshore wind power projects.
review a solicitation developed by the office under subsection 1 and, upon finding that the
solicitation is reasonably likely to attract competitive bids and further the objectives of the
program as described in section 3407, shall issue a request for proposals in accordance with
this subsection.
A. The office shall file with the commission the first solicitation by July 1, 2025 unless
another date is established by mutual agreement between the office and the
commission.
B. The commission shall issue the first request for proposals by the later of January 15,
2026 and 3 months after the first auction by the federal Department of the Interior,
Bureau of Ocean Energy Management for offshore wind power leases in the Gulf of
Maine.
C. If, within any 3-year period between January 15, 2026 and January 1, 2039, the
commission has not found a solicitation submitted by the office to be reasonably likely
to further the objectives of the program as described in section 3407, the commission
shall expeditiously develop and issue a request for proposals consistent with the
requirements of this section.
D. The commission shall review and make a determination regarding a solicitation
submitted by the office within 6 months of the date of submission.
E. If the commission determines that a contract for an amount greater than those
specified in subsection 1, paragraph C is in the public interest, it may select resources
and approve contracts accordingly.
F. In conducting a solicitation and selecting offshore wind power projects under this
section, the commission shall ensure that selected projects result in contracts that are
cost-effective for electric ratepayers over the term of the contract, taking into
consideration potential quantitative and qualitative economic, environmental and other
benefits to ratepayers.
The commission shall give priority to offshore wind power projects that:
(1) Have generation facilities located outside of Lobster Management Area 1;
(2) Include agreements compliant with subsection 3 or 29 United States Code,
Section 158(f) and are open to disadvantaged business enterprises and small
businesses;
(3) Provide employment and contracting opportunities for: Page 10 - 131LR0741(05)
(a) Members of federally recognized Indian tribes in this State;
(b) Workers from disadvantaged communities as defined by:
(i) The United States Council on Environmental Quality's climate and
economic justice screening tool or by an agency of this State using
standards similar to those in the screening tool as determined by the
commission;
(ii) The United States Department of Commerce, Economic Development
Administration's economic distress criteria; or
(iii) The United States Department of Energy's disadvantaged community
criteria; and
(c) Certified businesses;
(4) Provide community benefits, as determined preconstruction through
consultation with federally recognized Indian tribes in this State, a stakeholder
engagement process that includes disadvantaged communities, as described in
subparagraph (3), division (b), and investments in fishing communities;
(5) Provide financial contributions or technical assistance to support research,
monitoring and mitigation of impacts to wildlife, fisheries and habitats and the
minimization of environmental impacts from the offshore wind power project and
related transmission and interconnection infrastructure;
(6) Provide economic benefits to the State, including using an offshore wind port
located in this State;
(7) Maximize the hiring of residents of this State;
(8) Maximize economic, employment and contracting opportunities for residents
of this State and all businesses in this State; and
(9) Provide ratepayer benefits, including, but not limited to, enhanced electric
reliability, resource adequacy including contributing to reducing winter electricity
price spikes and overall price impacts, avoidance of line loss and mitigation of
transmission costs to the extent possible.
The commission shall allow the office to review the bids submitted pursuant to this
subsection. The office may provide input to the commission upon review of the bids,
which may include an assessment as to whether any bids submitted are consistent with
the goals of the program as described in section 3407, subsection 1.
G. The commission may direct one or more transmission and distribution utilities to
enter into long-term contracts for energy, capacity or renewable energy credits from
offshore wind power projects selected by the commission in accordance with this
subsection.
H. If, at the close of a competitive bidding process conducted under this section, the
commission determines that the proposals submitted do not satisfy the requirements of
paragraph F, the commission shall reject all proposals and shall open a new competitive
bidding process under this subsection.
I. Notwithstanding Title 5, section 8071, subsection 3, the commission, after
consultation with the office, may establish by rule reasonable fees that bidders must Page 11 - 131LR0741(05)
submit with proposals for offshore wind power projects. Fees collected pursuant to this
paragraph may be used for the administration of this section, section 3406 and section
3407. Upon request of the office, the commission may transfer fees collected in
accordance with this paragraph to the office for the administration of this section,
section 3406 and section 3407.
3. Community and workforce enhancement standards.
and workforce enhancement standards apply to contractors and subcontractors involved in
the construction of an offshore wind power project pursuant to this section.
A. A contractor or subcontractor shall:
(1) Ensure that all construction workers earn compensation at or above the Maine
emerging industry compensation threshold; and
(2) Meet the requirements outlined in Title 26, section 1317.
B. Prior to the commencement of each contractor's or subcontractor's construction
work on the offshore wind power project, if that contractor or subcontractor determines
that additional construction workers are necessary in excess of the contractor's or
subcontractor's currently available and qualified employees to fulfill the contractor's or
subcontractor's contractual obligations, the contractor or subcontractor shall:
(1) Use the services of contractors or subcontractors that use a hiring hall in order
to meet their workforce needs; and
(2) Provide regular employment opportunities first to members of the affected
community and residents of this State and then to individuals who reside in the
New England region.
C. If a contractor or subcontractor, after an exhaustion of all efforts required by
paragraph B for a period of 90 business days, while remaining in compliance with all
other standards and requirements of this subsection, is unable to employ enough
construction workers to fulfill the contractor's or subcontractor's contractual
obligations, the contractor or subcontractor may use any means necessary to fulfill the
contractor's or subcontractor's contractual obligations for a period of no more than 30
business days.
D. If, after complying with the procedures and timing required by paragraphs B and
C, a contractor or subcontractor determines that additional construction workers are
needed, that contractor or subcontractor may use the following means to fulfill the
contractor's or subcontractor's contractual obligations.
(1) The contractor or subcontractor shall provide the opportunity to fill a minimum
of 50% of all remaining construction worker hours to contractors or subcontractors
that use a hiring hall in order to meet their workforce needs.
(2) If contractors and subcontractors that use a hiring hall in order to meet their
construction workforce needs cannot maintain the minimum threshold of 50% of
the remaining construction worker hours for a period of 10 consecutive business
days, the requesting contractor or subcontractor may use any means considered
necessary by that requesting contractor or subcontractor to fulfill the contractor's
or subcontractor's contractual obligations, including continued engagement with Page 12 - 131LR0741(05)
contractors and subcontractors that use a hiring hall in order to meet their
construction workforce needs, in order to maintain the 50% threshold.
E. Subject to compliance with all other provisions of this subsection, a contractor or
subcontractor responsible for construction work may continue to operate and
implement a registered apprenticeship program and other relevant continuing
education programs in order to meet an ongoing or new construction workforce
demand. The registered apprenticeship program must have graduated apprentices
within one year prior to the commencement of the registered apprenticeship program's
sponsor's or subsponsor's construction work on the offshore wind power project.
Contractors and subcontractors responsible for construction work that operate a
registered apprenticeship program pursuant to this paragraph:
(1) Shall meet or exceed the apprenticeship percentage requirements specified in
Title 26, section 3502, subsection 1;
(2) Are subject to the penalties specified in Title 26, section 3502, subsection 3;
and
(3) Shall provide proof within 7 calendar days of a request from the Department of
Labor that all apprentices employed on the offshore wind power project are
enrolled in a registered apprenticeship program.
F. If a contractor or subcontractor responsible for construction work determines the
construction workforce needs to be decreased at any point throughout the completion
of the offshore wind power project, reductions in the construction workforce or layoffs
must be performed in the following priority:
(1) Based on the skills needed, keeping those workers whose skills are still needed
for the completion of the offshore wind power project; and
(2) Based upon seniority on the offshore wind power project, with the last
construction worker commencing work on the offshore wind power project being
the first construction worker to receive a layoff.
G. A contractor or subcontractor responsible for performing construction work:
(1) Shall carry workers' compensation coverage and contribute to unemployment
insurance for each construction worker on the site of the project;
(2) May not hire or employ the services of a temporary staffing agency or
organization;
(3) Is prohibited from employing or using independent contractors as defined in
Title 39-A, section 102, subsection 13-A, not including Maine-based individual
owner-operators or sole proprietors in the transportation industry;
(4) Shall keep an accurate record showing the name and occupation of all
construction workers employed by the contractor or subcontractor performing
construction work on the offshore wind power project. The record must also show
for each construction worker the hours worked, the title of the job, the hourly rate
or other method of remuneration and the actual wages or other compensation, in
compliance with the Maine emerging industry compensation threshold. The
contractor or subcontractor shall keep a copy of the record at the construction site Page 13 - 131LR0741(05)
and allow inspection of the record during all reasonable hours by Department of
Labor, Bureau of Labor Standards and, as applicable, the public authority and its
officers and agents that let the contract;
(5) Shall post a clearly legible statement of all Maine emerging industry
compensation threshold wage and benefit rates to be paid to each class of
construction worker employed on the offshore wind power project. This statement
must be kept posted throughout the duration of the offshore wind power project
and be easily accessible at the offshore wind power project construction site; and
(6) Shall retain documentation of compliance with the requirements of this
subsection. The records made pursuant to this subsection must be retained for 3
years after the termination of the contract for the construction work performed.
H. If a construction worker performing construction work at the offshore wind power
project site who is paid less than the Maine emerging industry compensation threshold,
that construction worker may recover from the contractor or subcontractor responsible
for the construction work a penalty equal to the difference between the actual wage and
benefits paid and the Maine emerging industry compensation threshold and, in addition
to the penalty, reasonable attorney's fees. The surety for the contractor or subcontractor
responsible for the construction work is not liable for the penalty or attorney's fees.
I. A contractor or subcontractor shall guarantee against strikes, lockouts or similar
disruptions.
J. A contractor or subcontractor shall demonstrate adherence to the inclusive bidding
standards and document that adherence.
The Department of Labor shall adopt routine technical rules, as defined in Title 5, chapter
375, subchapter 2-A, to implement this subsection.
Notwithstanding any provision of this subsection to the contrary, an agreement that meets
the requirements of 29 United States Code, Section 158(f) for the covered work is deemed
to comply with the requirements of this subsection.
4. Fishing communities investment plan requirements.
investment plan must include a plan for ongoing investment in fishing communities with a
stated annual target rate of investment.
A. The plan must be designed to:
(1) Support innovation and adaptation in response to environmental change,
shifting resource economics and changes in fishing practices associated with
offshore wind power development;
(2) Protect seafood-related working waterfront infrastructure;
(3) Assist persons fishing commercially at an entry level; and
(4) Assist persons fishing commercially seeking to provide the responsible entity
with offshore services.
B. Investment strategies within the plan may include, but are not limited to, subsidizing
commercial lending interest rates, loan guarantees and funding programs or grant
programs to support persons fishing commercially and fishing-related businesses and
entities established to provide support services to the fishing industry. Page 14 - 131LR0741(05)
C. The plan must identify administration costs separately from the annual target rate of
investment.
D. The plan must include a requirement that the responsible entity convene an advisory
body made up of representatives, which may include, but are not limited to,
representatives from the fishing industry and fishing community, the Department of
Marine Resources and relevant commercial lending institutions, a person appointed by
the responsible entity to serve as the liaison to the fishing community and other relevant
persons or entities. The advisory body must monitor investment plan performance
against the annual target, monitor effectiveness of investment strategies and identify
opportunities for improving fisheries and fishing communities through plan
investment.
5. Funding.
request from the office, the commission may provide reasonable funding to the office for
the purposes of implementing the requirements of this section.
6. Rulemaking; protective orders.
this section. Rules adopted under this subsection are routine technical rules pursuant to
Title 5, chapter 375, subchapter 2-A. The rules must include procedures for monitoring,
measuring and enforcing ongoing compliance by responsible entities with the requirements
of this section.
A. The rules must require the responsible entity to provide biannual reports to the
commission regarding its compliance with the plans submitted as part of its bid under
subsection 2. The rules must require a report submitted by the responsible entity to
exclude personally identifying information to the greatest extent practicable. If the
report includes confidential or proprietary information, trade secrets or similar matters
as provided by the Maine Rules of Civil Procedure, Rule 26(c), the commission may
issue appropriate protective orders in accordance with section 1311-A with respect to
those portions of the report and shall make available to the public an appropriately
redacted copy of the report. The commission shall provide to the office the redacted
copy, which the office shall post on the office's publicly accessible website.
B. The commission shall establish by rule a process for the review, in coordination
with the office, of the biannual reports provided by the responsible entity and a
mechanism for public participation regarding the contents of the report.
Sec. 7. 35-A MRSA §3409 is enacted to read:
§3409. Offshore wind power transmission
The commission, in coordination with the office, shall seek to advance regional
transmission solutions to interconnect offshore wind power with transmission and
distribution utilities, other New England states or entities and the independent system
operator of the New England bulk power system or a successor organization.
1. Transmission solicitation and procurement.
more competitive solicitations for proposals for the development and construction of
offshore wind energy transmission projects or other electric infrastructure projects to
facilitate offshore wind energy development and approve contracts for such projects in
accordance with this section. Page 15 - 131LR0741(05)
A. In developing a solicitation and approving a contract under this section, the
commission shall:
(1) Consider the amount of transmission capacity needed to maintain or improve
electric system reliability;
(2) Avoid unnecessary costs to upgrade the existing transmission grid;
(3) Seek to achieve the greenhouse gas emissions reduction obligations and climate
policies of this State under Title 38, section 576-A and Title 38, section 577 and
renewable energy goals under section 3210, subsection 1-A;
(4) Pursue demonstrable benefits for electric ratepayers; and
(5) Encourage projects that avoid, minimize or mitigate impacts to wildlife, the
environment, fisheries, fishing activities or tribal burial and archeological sites,
whether submerged or on land.
B. The commission shall coordinate with the office and may coordinate with other
entities, including, but not limited to, transmission and distribution utilities, other New
England states and the independent system operator of the New England bulk power
system or a successor organization, in the solicitation and selection of proposals under
this section.
C. The commission may host conferences with prospective bidders in advance of
issuing solicitations under this section.
D. A responsible entity may submit a proposal in response to a solicitation conducted
under this section as long as the transmission service proposal provides for
transmission service for more than one offshore wind power project.
E. The commission may consider proposals that include, but are not limited to,
upgrading the existing grid, extending the grid closer to offshore wind power projects,
determining or upgrading optimal landfall approaches or interconnecting between
offshore substations.
F. The commission may select one proposal, multiple proposals or no proposals.
G. The commission may select proposals that include federal funding in the form of a
match, grant or loan or through ownership and operation by the Federal Government,
cost sharing among states or recovery of transmission costs through federal
transmission rates.
H. The commission may modify a solicitation under this section, prior to selecting any
proposal, in order to satisfy federal eligibility criteria.
2. Rules.
under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter
2-A.
Sec. 8. 35-A MRSA §3410 is enacted to read:
§3410. Determination of effect on scenic character and related existing uses
1. Definitions.
following terms have the following meanings. Page 16 - 131LR0741(05)
A. "Associated facilities" means elements of an offshore wind terminal, other than the
quay, fixed and mobile cranes, offshore wind foundations and wind turbine generators,
that are necessary to the proper operation and maintenance of the offshore wind
terminal, including, but not limited to, buildings, access roads and laydown areas.
B. "Best practical mitigation" means methods or technologies used during construction
or operation of an offshore wind terminal that control or reduce to the lowest feasible
level visual and scenic impacts. "Best practical mitigation" may include, but is not
limited to, turbine and blade coloration to reduce visual impacts and aircraft detection
technologies to reduce the need for aircraft hazard warning lighting.
C. "Department" means the Department of Environmental Protection.
D. "Offshore wind terminal" means a port facility used for fabricating offshore wind
turbine foundations, launching floating foundations into the water, assembling wind
turbine generators atop the foundations or preparing the assembled wind turbine for
towing to a wet berth or installation site. "Offshore wind terminal" includes a quay with
berths to accommodate the assembly of wind turbine generators and offshore wind
component delivery vessels, an upland laydown area for foundation fabrication and
storage of wind turbine generator components, fabrication facilities, fixed and mobile
cranes, associated facilities and terminal offices and access roads.
2. Application of standard.
Land Use Planning Commission's making findings regarding the effect of an offshore wind
terminal on scenic or natural character and existing uses related to scenic character pursuant
to Title 12, section 685-B, subsection 4 or Title 38, section 484, subsection 3 or Title 38,
section 480-D. An offshore wind terminal project must minimize the adverse effect on
scenic character and existing uses related to scenic character to the maximum extent
practicable and use best practical mitigation to control and reduce visual and scenic
impacts. Except as otherwise provided in subsection 3, determination that an offshore wind
terminal fits harmoniously into the existing natural environment in terms of potential
effects on scenic or natural character and existing uses related to scenic character is not
required for approval under either Title 12, section 685-B, subsection 4, paragraph C or
Title 38, section 484, subsection 3.
3. Exception to standard; certain associated facilities.
case of certification under Title 38, chapter 3, subchapter 1, article 6 the Maine Land Use
Planning Commission, shall evaluate the effect of associated facilities of an offshore wind
terminal in terms of potential effects on scenic character and existing uses related to scenic
character in accordance with Title 12, section 685-B, subsection 4, paragraph C or Title 38,
section 484, subsection 3, in the manner provided for development other than offshore wind
terminal development.
4. Limitation on number of offshore wind terminals.
approve permits under Title 12, section 685-B, subsection 4 or Title 38, section 484,
subsection 3 or Title 38, section 480-D for more than 4 offshore wind terminals. If a permit
approved under Title 12, section 685-B, subsection 4 or Title 38, section 484, subsection 3
or Title 38, section 480-D expires, is surrendered or is revoked prior to construction of an
offshore wind terminal, the department may approve a permit under those sections for
another offshore wind terminal. Page 17 - 131LR0741(05)
Sec. 9. 35-A MRSA §3451, sub-§4, as enacted by PL 2007, c. 661, Pt. A, §7, is
amended to read:
4. Expedited wind energy development.
means a grid-scale wind energy development or a port facility necessary to the proper
operation and maintenance of an offshore wind power project as defined in section 3401-A,
subsection 15 that is proposed for location within an expedited permitting area.
Sec. 10. 35-A MRSA §3453-A, sub-§3, ¶A, as enacted by PL 2015, c. 265, §8
and affected by §10, is amended to read:
A. Will not have an unreasonable adverse effect on the State’s ability to meet the state
goals goal for wind energy development in proximate federal waters in section 3404,
subsection 2, paragraph C; and
Sec. 11. 38 MRSA §480-D, sub-§1, amended by PL 2009, c. 615, Pt. E, §8, is
further amended by enacting at the end a new blocked paragraph to read:
In making a determination under this subsection regarding an offshore wind terminal as
defined in Title 35-A, section 3410, subsection 1, paragraph D, the department shall
consider the terminal's effects on scenic character and existing uses related to scenic
character in accordance with Title 35-A, section 3410.
Sec. 12. 38 MRSA §482, sub-§2, ¶F, as amended by PL 2009, c. 615, Pt. E, §14,
is further amended to read:
F. Is an oil terminal facility as defined in this section; or
Sec. 13. 38 MRSA §482, sub-§2, ¶J, as enacted by PL 2009, c. 615, Pt. E, §15, is
amended to read:
J. Is an offshore wind power project with an aggregate generating capacity of 3
megawatts or more.; or
Sec. 14. 38 MRSA §482, sub-§2, ¶K
K. Is an offshore wind terminal as defined in Title 35-A, section 3410, subsection 1,
paragraph D.
Sec. 15. 38 MRSA §484, sub-§3, ¶J is enacted to read:
J. In making a determination under this subsection regarding an offshore wind terminal
as defined in Title 35-A, section 3410, subsection 1, paragraph D, the department shall
consider the terminal's effects on scenic character and existing uses related to scenic
character in accordance with Title 35-A, section 3410.
Sec. 16.
Incentive Program. The Department of Administrative and Financial Services, Bureau
of Revenue Services, Office of Tax Policy, in consultation with the Department of Marine
Resources and the Governor's Energy Office, shall develop the Fishing Community
Protection Tax Incentive Program, referred to in this section as "the program," to provide
a tax credit to applicants for qualified investments in offshore wind power projects
consistent with the purposes described in the Maine Revised Statutes, Title 35-A, sections
3407 and 3408. For purposes of this section, "qualified investments" means activities that Page 18 - 131LR0741(05)
relate to the design, permitting, construction, modification or equipment of an applicant's
offshore wind power project.
1. Program requirements. The program must:
A. Provide incentives for siting offshore wind power projects with generation facilities
outside of Lobster Management Area 1, as defined by the Department of Marine
Resources by rule;
B. Protect ratepayers from any additional costs associated with the siting objectives in
paragraph A;
C. Increase the State's competitiveness in securing offshore wind power projects and
its associated climate and economic benefits; and
D. Include a tax credit not to exceed $16,000,000 in the aggregate annually for up to
20 years.
2. Reports. No later than December 1, 2023, the Office of Tax Policy shall publish on
its publicly accessible website a draft report on the development of the program and shall
accept public comments on the draft report for at least 30 days. No later than February 1,
2024, the Office of Tax Policy shall submit a final report to the Joint Standing Committee
on Taxation and the Joint Standing Committee on Energy, Utilities and Technology that
includes its findings and recommendations about developing the program, including
suggested legislation. The Joint Standing Committee on Taxation may report out a bill to
the Second Regular Session of the 131st Legislature relating to the report.
Sec. 17. Appropriations and allocations. The following appropriations and
allocations are made.
EXECUTIVE DEPARTMENT
Maine Offshore Wind Renewable Energy and Economic Development Program
N471
Initiative: Provides allocation to establish the program.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25All Other $500 $500
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$500 $500
EXECUTIVE DEPARTMENT
DEPARTMENT TOTALS
2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $500 $500
____________________
DEPARTMENT TOTAL - ALL FUNDS
$500 $500
PUBLIC UTILITIES COMMISSION
Public Utilities - Administrative Division 0184
Initiative: Provides allocations for expenditures related to one Staff Attorney position and
associated All Other costs. Page 19 - 131LR0741(05)
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 0.000 1.000Personal Services $0 $165,705All Other $0 $15,874
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$0 $181,579
PUBLIC UTILITIES COMMISSION
DEPARTMENT TOTALS
2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $0 $181,579
____________________
DEPARTMENT TOTAL - ALL FUNDS
$0 $181,579
SECTION TOTALS
2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $500 $182,079
____________________
SECTION TOTAL - ALL FUNDS
$500 $182,079