APPROVED CHAPTER
JULY 27, 2023 481
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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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. As used in this subchapter, unless the context otherwise indicates, the
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. Notwithstanding Title 26,
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. If an offshore wind power project
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
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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 is enacted to read:
§3401-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Apprentice. "Apprentice" has the same meaning as in Title 26, section 3201,
subsection 1.
2. Certified business. "Certified business" means a business that has been certified by
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. "Community and workforce
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. "Construction work" means the construction, alteration or
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. "Currently available and qualified
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. "Disadvantaged business enterprise" means a
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. "Fishing community" means a municipality where marine
organisms, as defined in Title 12, section 6001, subsection 26, are landed or processed.
8. Hiring hall. "Hiring hall" means a service provided by a labor organization or an
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. "Inclusive bidding standards" means a set of
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
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 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. "Labor organization" has the same meaning as in section
3210-H, subsection 1, paragraph B.
11. Lobster Management Area 1. "Lobster Management Area 1" means the area
defined by rule as Lobster Management Area 1 by the Department of Marine Resources.
12. Maine emerging industry compensation threshold. "Maine emerging industry
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. "Nameplate capacity" has the same meaning as in section
3481, subsection 11.
14. Office. "Office" means the Governor's Energy Office established in Title 2, section
9.
15. Offshore wind power project. "Offshore wind power project" has the same
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. "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. "Responsible entity" means the person undertaking to develop
an offshore wind power project.
18. Small business. "Small business" means a business employing 100 or fewer
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:
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 2. State wind energy generation goal. The State's goal for wind energy development
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. The 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. The Governor's Energy Office 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. The advisory board established in subsection 2 in developing
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;
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 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. The Offshore Wind
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. The Maine Offshore Wind Renewable Energy and Economic
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:
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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
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 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 goal