APPROVED CHAPTER
JULY 1, 2025 476
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 845 - L.D. 1270
An Act to Establish the Department of Energy Resources
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 2 MRSA §6, sub-§1, as amended by PL 2011, c. 657, Pt. Y, §1, is further
amended to read:
1. Range 91. The salaries of the following state officials and employees are within
salary range 91:
Commissioner of Transportation;
Commissioner of Agriculture, Conservation and Forestry;
Commissioner of Administrative and Financial Services;
Commissioner of Education;
Commissioner of Environmental Protection;
Executive Director of Dirigo Health;
Commissioner of Public Safety;
Commissioner of Professional and Financial Regulation;
Commissioner of Labor;
Commissioner of Inland Fisheries and Wildlife;
Commissioner of Marine Resources;
Commissioner of Corrections;
Commissioner of Economic and Community Development;
Commissioner of Defense, Veterans and Emergency Management; and
Executive Director, Workers' Compensation Board.; and
Commissioner of Energy Resources.
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 Sec. A-2. 2 MRSA §6, sub-§4, as amended by PL 2019, c. 343, Pt. XXX, §2, is
further amended to read:
4. Range 88. The salaries of the following state officials and employees are within
salary range 88:
Director, Bureau of Air Quality;
Director, Bureau of Water Quality;
Director, Bureau of Land Resources;
Director, Bureau of Remediation and Waste Management;
Deputy Commissioner, Environmental Protection; and
Deputy Chief of the State Police.; and
Deputy Commissioner, Energy Resources.
Sec. A-3. 2 MRSA §9, as amended by PL 2025, c. 293, §1, is repealed.
Sec. A-4. 5 MRSA §960 is enacted to read:
§960. Department of Energy Resources
The position of Deputy Commissioner is a major policy-influencing position within
the Department of Energy Resources. Notwithstanding any provision of law to the
contrary, this position and any successor position is subject to this chapter.
Sec. A-5. 5 MRSA §15302, sub-§3, as amended by PL 2019, c. 343, Pt. D, §10, is
further amended to read:
3. Board of Directors of the Maine Technology Institute. The institute is governed
and all of its powers are exercised by a board of directors, referred to in this chapter as the
"board," consisting of 13 voting members and 2 3 nonvoting members.
A. The Governor shall appoint 10 voting directors, 8 of whom must be representatives
of targeted technologies. The other 2 directors must have demonstrated significant
experience in finance, lending or venture capital. In making the appointments from
targeted technologies, the Governor shall consider recommendations submitted by
representatives of targeted technology sectors. Directors of the board appointed by the
Governor are entitled to receive reimbursement at the legislative rate for necessary
expenses for their attendance at authorized meetings of the board.
B. The Commissioner of Economic and Community Development or the
commissioner's designee, the President of the Maine Community College System or
the president's designee and the Chancellor of the University of Maine System or the
chancellor's designee are ex officio voting directors.
C. The Director of the Governor's Office of Policy Innovation and the Future or the
director's designee is an ex officio nonvoting director.
D. The Maine Technology Institute Director is a nonvoting director.
E. The Commissioner of Energy Resources or the commissioner's designee is an ex
officio nonvoting director.
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 Sec. A-6. 10 MRSA §965, sub-§3, ¶B, as enacted by PL 2001, c. 417, §6, is
amended to read:
B. Two One of the at-large members must be knowledgeable in the field of natural
resource enterprises or financing.
Sec. A-7. 10 MRSA §965, sub-§3, ¶E is enacted to read:
E. One of the at-large members must be knowledgeable in the field of clean energy
finance or technology solutions for climate change.
Sec. A-8. 26 MRSA §1308, sub-§1, as amended by PL 2023, c. 333, §1, is further
amended to read:
1. Determination of wage and benefits rates. The Bureau of Labor Standards shall
investigate and determine the prevailing hourly wage and benefits rate paid in the
construction industry in this State. To determine the prevailing hourly wage and benefits
rate, the bureau shall:
A. Collect a set of data by conducting a survey of wages and benefits during the 2nd
and 3rd week of July of each year;
B. Collect a 2nd set of data through certified payroll submissions on state construction
of public works during the 2nd and 3rd week of July of each year from any state agency
that contracts for the construction of public works; and
C. Collect a 3rd set of data for the job classification under the federal Davis-Bacon
Act.
Survey data collected pursuant to paragraph A and certified payroll data collected pursuant
to paragraph B must be submitted to the bureau by the 2nd week of October. Each year,
labor unions shall submit the most recent collectively bargained rates to the bureau.
The bureau shall use the highest wage and benefits information of the 3 data sets collected
pursuant to paragraphs A, B and C to determine the prevailing hourly wage and benefits
rate. The bureau may also use wage and benefits information received from construction
trade associations in its determination of prevailing rates. In determining the prevailing
rate, the bureau may ascertain and consider the applicable wage and benefits rates
established by collective bargaining agreements, if any, and those rates that are paid
generally in the locality where the construction of the public works is to be performed. For
any classification, if that rate represents a decrease from the prevailing hourly wage and
benefits rate as published in the immediately preceding year, the bureau shall adjust the
rate to ensure that the decrease is not more than 15%.
The bureau shall ascertain and consider wage and benefits information received from
construction trade associations and labor unions that are paid generally in the locality where
the construction of the public works is to be performed in its determination of prevailing
rates.
For purposes of this subsection, "benefits" means health and welfare contributions, pension
or individual retirement account contributions and vacation and annuity contributions, per
diem in lieu of wages and any other form of payment, except for wages, made to or on
behalf of the employee. If a defined contribution amount is not established, the most
accurate estimated value of contributions must be included.
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 Sec. A-9. 30-A MRSA §4723, sub-§2, ¶B-1, as enacted by PL 2021, c. 657, §14,
is amended by amending subparagraph (4) to read:
(4) A commissioner with expertise in energy efficiency issues regarding
residential structures and in the construction sustainability requirements
established in section 4726, subsection 2; and
Sec. A-10. 35-A MRSA §3210-C, sub-§6, as amended by PL 2009, c. 518, §4, is
further amended to read:
6. Competitive solicitation process and contract negotiation. Except as provided
in paragraph A, for purposes of selecting potential capacity resources for contracting
pursuant to subsection 3, the commission shall may, after consultation with the
Commissioner of Energy Resources, conduct a competitive solicitation no less often than
every 3 years if the commission determines that the likely benefits to ratepayers resulting
from any contracts entered into as a result of the solicitation process will exceed the likely
costs. Following review of bids, the commission may negotiate with one or more potential
suppliers shall approve a contract or contracts between one or more transmission and
distribution utilities and the bidder of any proposal selected by the commission in
accordance with this section. When only one bid has been offered, the commission shall
ensure that negotiations are based on full project cost disclosure by the potential supplier.
The commission shall negotiate contracts that are commercially reasonable and that
commit all parties to commercially reasonable behavior.
A. The commission shall, for purposes of selecting energy efficiency capacity
resources and available energy associated with such resources for contracting pursuant
to subsection 3, conduct a competitive solicitation in accordance with this subsection
or contract with the Efficiency Maine Trust established in section 10103 to deliver
those resources through a competitive solicitation process administered by the trust.
Sec. A-11. 35-A MRSA §3401-A, sub-§5-A is enacted to read:
5-A. Department. "Department" means the Department of Energy Resources
established in chapter 103.
Sec. A-12. 35-A MRSA §3408, sub-§2, as enacted by PL 2023, c. 481, §6, is
amended to read:
2. Requests for proposals; offshore wind power projects. The commission shall
review a solicitation developed by the office department 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 authorize the department to
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 department 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.
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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 department 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 120 days of the date of submission unless a
longer period is requested by the department.
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 authorize the
department to select resources and the commission may approve contracts accordingly.
F. In conducting a solicitation and selecting offshore wind power projects under this
section, the commission department 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 department 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:
(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;
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 (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 shall review and approve the contracts upon a finding that the contracts meet
the requirements of this section.
H. If, at the close of a competitive bidding process conducted under this section, the
commission department determines that the proposals submitted do not satisfy the
requirements of paragraph F, the commission department 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 department,
after consultation with the office commission, may establish by rule reasonable fees
that bidders must 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 commission, the commission
department may transfer fees collected in accordance with this paragraph to the office
commission for the administration of this section, section 3406 and section 3407.
Sec. A-13. 35-A MRSA §3803, sub-§1, as enacted by PL 2023, c. 328, §1, is
repealed.
Sec. A-14. 35-A MRSA §3803, sub-§3, as enacted by PL 2023, c. 328, §1, is
amended to read:
3. Funding and reporting. Notwithstanding sections 116 and 117, at the request of
the office trust, the commission may transfer money from funds in the Public Utilities
Commission Regulatory Fund or the Public Utilities Commission Reimbursement Fund to
the office to pay for the costs associated with a petition for a procurement of energy from
renewable resources under subsection 1 and, at the request of the trust, to the trust to
implement the 3-year beneficial electrification plan included in the triennial plan under
subsection 2. At the end of any year in which the commission has transferred money under
this subsection to the office or the trust, the office or the trust, respectively, shall provide a
report to the commission detailing its fund requests, money received and expenditures.
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 Sec. A-15. 35-A MRSA §3804, as enacted by PL 2023, c. 328, §1, is amended to
read:
§3804. Commission advancement of clean energy and beneficial electrification
The commission shall advance through its decisions and orders beneficial
electrification in order to achieve the emission reduction and renewable energy goals of the
State, reduce energy costs to consumers and provide economic and climate benefits for all
ratepayers. The commission shall seek to procure energy under section 3803, subsection 1,
paragraph B in a manner that is consistent with beneficial electrification. To the extent
practicable, the commission shall seek to ensure that the acquisition of energy from
renewable resources under section 3803, subsection 1, paragraph B is designed to procure
sufficient energy to meet the portfolio requirements under section 3210 for the reasonably
expected increase in use of electricity by retail electricity consumers.
Sec. A-16. 35-A MRSA Pt. 9 is enacted to read:
PART 9
ENERGY RESOURCES
CHAPTER 103
DEPARTMENT OF ENERGY RESOURCES
§10301. Department established
The Department of Energy Resources is established as a cabinet-level department.
§10302. Definitions
As used in this chapter, u