130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 101
H.P. 67 House of Representatives, January 13, 2021
An Act To Prohibit Offshore Wind Energy Development
Received by the Clerk of the House on January 11, 2021. Referred to the Committee on
Energy, Utilities and Technology pursuant to Joint Rule 308.2 and ordered printed pursuant to
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: GIFFORD of Lincoln, GRIGNON of Athens, MASON of Lisbon,
O'CONNOR of Berwick, PARRY of Arundel, THORNE of Carmel, TUELL of East Machias,
WADSWORTH of Hiram.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 35-A MRSA §3405 is enacted to read:
3 §3405. Prohibition on offshore wind energy development projects
4 Notwithstanding any other provision of law to the contrary, a department or agency of
5 the State or a political subdivision thereof may not permit, approve or otherwise authorize
6 an offshore wind energy development project.
7 For the purposes of this section, "offshore wind energy development project" includes
8 a community-based offshore wind energy project, as that term is defined in Title 12, section
9 682, subsection 19; a deep-water offshore wind energy pilot project as described in Public
10 Law 2009, chapter 615, Part A, section 6, as amended by Public Law 2013, chapter 369,
11 Part H, sections 1 and 2 and chapter 378, sections 4 to 6; an offshore wind energy
12 demonstration project, as that term is defined in Title 38, section 480-HH, subsection 1,
13 paragraph H; and an offshore wind power project, as that term is defined in Title 38, section
14 480-B, subsection 6-A.
15 Sec. 2. Maine Land Use Planning Commission; submission of legislation.
16 On or before December 1, 2021, the Department of Agriculture, Conservation and Forestry,
17 Maine Land Use Planning Commission shall submit legislation to the Second Regular
18 Session of the 130th Legislature necessary to align those provisions of law under its
19 jurisdiction with the prohibition on offshore wind energy development projects under the
20 Maine Revised Statutes, Title 35-A, section 3405.
21 Sec. 3. Public Utilities Commission; submission of legislation. On or before
22 December 1, 2021, the Public Utilities Commission shall submit legislation to the Second
23 Regular Session of the 130th Legislature necessary to align those provisions of law under
24 its jurisdiction with the prohibition on offshore wind energy development projects under
25 the Maine Revised Statutes, Title 35-A, section 3405.
26 Sec. 4. Department of Environmental Protection; submission of legislation.
27 On or before December 1, 2021, the Department of Environmental Protection shall submit
28 legislation to the Second Regular Session of the 130th Legislature necessary to align those
29 provisions of law under its jurisdiction with the prohibition on offshore wind energy
30 development projects under the Maine Revised Statutes, Title 35-A, section 3405.
31 SUMMARY
32 This bill prohibits any department or agency of the State or any political subdivision
33 of the State from permitting, approving or otherwise authorizing an offshore wind energy
34 development project. The bill also requires the Department of Agriculture, Conservation
35 and Forestry, Maine Land Use Planning Commission, the Public Utilities Commission and
36 the Department of Environmental Protection each to submit by December 1, 2021
37 legislation necessary to align those provisions of law under their respective jurisdictions
38 with the prohibition on offshore wind energy development projects.
39 Under the bill, the term "offshore wind energy development project" includes
40 community-based offshore wind energy projects, deep-water offshore wind energy pilot
41 projects, offshore wind energy demonstration projects and offshore wind power projects,
42 which are all categories of projects currently authorized by law.
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