An Act To Prohibit Offshore Wind Energy Development
Maine Legislature, Session 130, LD 0101
Committee: Energy, Utilities and Technology
Sponsors: FAULKINGHAM, DAVIS, GIFFORD, GRIGNON, MASON, O'CONNOR, PARRY, THORNE, TUELL, WADSWORTH
Amends: 35-A MRSA §3405

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.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3405 is enacted to read:
§3405.  Prohibition on offshore wind energy development projects
Notwithstanding any other provision of law to the contrary, a department or agency of 
the State or a political subdivision thereof may not permit, approve or otherwise authorize 
an offshore wind energy development project.
For the purposes of this section, "offshore wind energy development project" includes 
a community-based offshore wind energy project, as that term is defined in Title 12, section 
682, subsection 19; a deep-water offshore wind energy pilot project as described in Public 
Law 2009, chapter 615, Part A, section 6, as amended by Public Law 2013, chapter 369, 
Part H, sections 1 and 2 and chapter 378, sections 4 to 6; an offshore wind energy 
demonstration project, as that term is defined in Title 38, section 480-HH, subsection 1, 
paragraph H; and an offshore wind power project, as that term is defined in Title 38, section 
480-B, subsection 6-A.
Sec. 2.  Maine Land Use Planning Commission; submission of legislation.  
On or before December 1, 2021, the Department of Agriculture, Conservation and Forestry, 
Maine Land Use Planning Commission shall submit legislation to the Second Regular 
Session of the 130th Legislature necessary to align those provisions of law under its 
jurisdiction with the prohibition on offshore wind energy development projects under the 
Maine Revised Statutes, Title 35-A, section 3405.
Sec. 3.  Public Utilities Commission; submission of legislation.  On or before 
December 1, 2021, the Public Utilities Commission shall submit legislation to the Second 
Regular Session of the 130th Legislature necessary to align those provisions of law under 
its jurisdiction with the prohibition on offshore wind energy development projects under 
the Maine Revised Statutes, Title 35-A, section 3405.
Sec. 4.  Department of Environmental Protection; submission of legislation.  
On or before December 1, 2021, the Department of Environmental Protection shall submit 
legislation to the Second Regular Session of the 130th Legislature necessary to align those 
provisions of law under its jurisdiction with the prohibition on offshore wind energy 
development projects under the Maine Revised Statutes, Title 35-A, section 3405.
SUMMARY
This bill prohibits any department or agency of the State or any political subdivision 
of the State from permitting, approving or otherwise authorizing an offshore wind energy 
development project.  The bill also requires the Department of Agriculture, Conservation 
and Forestry, Maine Land Use Planning Commission, the Public Utilities Commission and 
the Department of Environmental Protection each to submit by December 1, 2021 
legislation necessary to align those provisions of law under their respective jurisdictions 
with the prohibition on offshore wind energy development projects.
Under the bill, the term "offshore wind energy development project" includes 
community-based offshore wind energy projects, deep-water offshore wind energy pilot 
projects, offshore wind energy demonstration projects and offshore wind power projects, 
which are all categories of projects currently authorized by law.