An Act To Establish a Moratorium on Offshore Wind Power Projects in Maine's Territorial Waters
Maine Legislature, Session 130, LD 1619
Committee: Energy, Utilities and Technology
Sponsors: LAWRENCE
Amends: 35-A MRSA §3405

Legislative Document
No. 1619
S.P. 512
In Senate, April 28, 2021
An Act To Establish a Moratorium on Offshore Wind Power 
Projects in Maine's Territorial Waters
(EMERGENCY)
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LAWRENCE of York.  (GOVERNOR'S BILL)
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, development of offshore wind power projects, particularly those which 
deploy deep-water, floating platform technology, in suitable locations off Maine's coast 
may provide significant economic and environmental benefits to the State by generating 
renewable energy needed to achieve the goals and objectives of the State's climate action 
plan adopted pursuant to the Maine Revised Statutes, Title 38, section 577 and related state 
economic and environmental goals and objectives developed by the Maine Climate Council 
pursuant to Title 38, section 577-A; and
Whereas, the siting, construction and operation of offshore wind power projects in 
Maine's territorial waters, as defined by Title 12, section 6001, subsection 48-B, may 
adversely affect resources, including scenic and aesthetic resources, and recreational and 
economic uses, including commercial fishing, which are more commonly found or take 
place in the State's submerged lands and territorial waters than in proximate federal waters; 
and
Whereas, Maine's renewable, natural resources-based commercial fishing industry 
contributed direct revenues of $517 million to the State's economy in 2020 and is a vital 
part of the State's economy and cultural heritage and identity; and
Whereas, Maine's lobster fishery is active primarily in Maine's territorial waters, had 
landings valued in excess of $405 million in 2020, had an additional statewide economic 
impact of $1 billion and is among the most valuable fisheries in the United States; and
Whereas, there are outstanding questions regarding the manner in and extent to which 
the siting, construction and operation of offshore wind power projects may displace or 
otherwise adversely affect natural resources within and uses of the State's submerged lands 
and territorial waters; and
Whereas, it is anticipated that the growth and development of the offshore wind 
power industry in the Northeast region and elsewhere in the United States over the next 
decade will provide additional information through project-specific studies, research 
findings, monitoring results and operational experience that may assist the State in 
evaluating the siting and development of new offshore wind power projects in the State's 
submerged lands and territorial waters; and
Whereas, a moratorium on the development of offshore wind power projects will 
allow the State to undergo a review of applicable state laws and rules to determine whether 
the existing offshore wind power regulatory framework adequately protects Maine's coastal 
resources in a manner that avoids or minimizes adverse effects on coastal resources and 
uses; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3405 is enacted to read:
§3405.  Moratorium on offshore wind power projects in territorial waters and 
submerged lands
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Offshore wind energy demonstration project" has the same meaning as in Title 38, 
section 480-HH, subsection 1, paragraph H.
B.  "Offshore wind power project" has the same meaning as in Title 38, section 480-B, 
subsection 6-A.
C.  "Submerged lands" has the same meaning as in Title 12, section 1801, subsection 
9.
D.  "Territorial waters" has the same meaning as in Title 12, section 6001, subsection 
48-B.
2.  Moratorium.  Notwithstanding any provision of law to the contrary and except as 
otherwise provided by subsection 3, from the effective date of this section to January 15, 
2031, a state agency or municipality or other political subdivision of the State may not 
license, permit or otherwise approve or authorize the siting, construction or operation of or 
issue a lease or grant an easement or other real property interest for a windmill or wind 
turbine or tower for an offshore wind power project in state-owned submerged lands or 
territorial waters.  Nothing in this subsection may be construed as limiting any regulatory 
approval of or the issuance of any lease or grant of any easement or other real property 
interest for utility cables, transmission lines or portside infrastructure that may support 
offshore wind energy generation.
3.  Exemption.  The moratorium established under subsection 2 does not apply to an 
offshore wind energy demonstration project that is proposed for location in the Maine 
Offshore Wind Energy Research Center designated by the Department of Agriculture, 
Conservation and Forestry pursuant to Title 12, section 1868 and for which, prior to the 
effective date of this section, the commission has approved the terms of a long-term power 
purchase agreement.  Subsequent amendment of the terms of such an agreement does not 
affect the applicability of this exemption.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill establishes a moratorium that, until 2031, prohibits any state agency or 
municipality or other subdivision of the State from licensing, permitting or otherwise 
authorizing or approving the siting, construction or operation of a windmill or wind turbine 
or tower for an offshore wind power project in state-owned submerged lands or Maine's 
territorial waters.  The moratorium does not apply to cables, transmission lines and portside 
infrastructure that may support offshore wind energy generation and does not apply to an 
offshore wind energy demonstration project proposed for location in the Maine Offshore 
Wind Energy Research Center for which the Public Utilities Commission has approved the 
terms of a long-term power purchase agreement.