An Act Regardmg Offshore Wind Terminals Located in Coastal Sand Dune Systems
Maine Legislature, Session 131, LD 2266
Committee Amendment CA_A_H887 (House)

COMMIFTEE AMENDMENT " /^" to H.P. 1456, L.D. 2266, "An Act Regardmg
Offshore Wind Terminals Located in Coastal Sand Dune Systems"
Amend the bill by striking out the title and substituting the following:
'An Act Regarding Restoration and Protection of Coastal Sand Dune Systems and
Permitting of an Offshore Wind Terminal on Sears Island'
Amend the bill by striking out everything after the enacting clause and inserting the
followmg;
'See. 1. 38 MRSA§480-KK is enacted to read:
S480-KK. Coastal Sand Dune Restoration and Protection Fund
1. Fund established; purposes and administration. Th^CoastaLSand Dune
Restoration and Protection Fund. referred to in. this^ection as "the funcL" is established as
a nonlaosine fund within the deuartment from whichjhe department may oav up to 50% of
the eligible costs incurred in a project to restore, protect, conserve, nourish or reveeetate a
coastal sand dune system. except that eligible costs for nroiects relating to coastal sand
dune systems and addressing technical assistance and public education may be paid up to
100%. The department may orioritize funding of oroiects that use nature-based or
ecoloeicallv enhanced techniques for restorine. orotectine. conservine. nourishing or
revegetatmg a coastal sand dune system. Any balance remaining in the fund must continue
without lause £rom year to year and remam available only for the uurposes for which the
fund is established.
2. Prohibited expenditures. The department may not use money in the fund to fund
projects in a coastal sand dune system where public access is not wovided to the beach or
waterfront area adjacent to the coastal sand dune system.
3. Staffine support. The department may use money in the fund for staffmg to support
administration and implementation of activities authorized under this section,
4. Public education proeram. The department may use money m the fund to develop
a coordinated public education program related to coastal sand dune systems.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "f
COMMITTEE AMENDMENT 'f\ " to H.P.1456, L.D.2266
5. Funding sources. The fund mav receive money from any source, public or private.
Sec. 2. Permitting of offshore wind terminal on Sears Island.
Notwithstanding any provision of law or Department of Environmental Protection rule
prohibiting the construction of new structures in a coastal sand dune system, the
Department of Environmental Protection is authorized to grant a permit under the Maine
Revised Statutes, Title 3 8, section 480-D for construction of an offshore wind terminal on
Sears Island in the Town of Searsport to be located on or that will otherwise impact the
Sears Island jetty dune, as long as the project satisfies all other applicable permitting and
licensing criteria under Title 35-A, chapter 34 and Title 38, chapter 3. The department is
not authorized to grant more than one permit under Title 3 8, section 480-D for construction
of an. offshore wind terminal on Sears Island in accordance with this section.
For the purposes of this section, the following terms have the following meanings.
1. "Coastal sand dune system" has the same meaning as in Title 38, section 480-B,
subsection 1.
2. "Offshore wind terminal" has the same meaning as m Title 35-A, section 3410,
subsection 1, paragraph D.
3. "Sears Island jetty dune" means a coastal sand dune system on Sears Island in the
Town of Searsport that is approximately 4/10 of an acre in size and located south of and
abutting the jetty on the western side of the island on the parcel of land reserved for port
development, also known as "the Transportation Parcel," with the dune's southerly comer
located at or near Longitude -68.8916 and Latitude 44.4438 and the dune's westerly corner
located at or near Longitude -68.8923 and Latitude 44.4444.
Sec. 3. Sears Island dune conservation. The Department of Transportation, in
collaboration with the Maine Coast Heritage Trust, shall take all reasonable steps to ensure
the conservation and protection of a parcel of land in the northwest portion of Sears Island
in the Town of Searsport that is approximately 10 acres in size and that includes the Sears
Island northwest dune, consistent with the Buffer Conservation Easement, and to provide
pedestrian access to that parcel and the Sears Island northwest dune from the causeway to
Sears Island through the intertidal zone.
For the purposes of this section, the following terms have the following meanings.
1. "Buffer Conservation Easement" means the easement between the State of Maine
and the Maine Coast Heritage Trust dated January 22, 2009 and recorded in the Waldo
County Registry of Deeds, Book 3289, Page 3 00,
2. "Coastal sand dune system" has the same meaning as in the Maine Revised Statutes,
5 Title 3 8, section 480-B, subsection I.
3. "Sears Island northwest dune" means a coastal sand dune system on the
northwestern side of Sears Island in the Town of Searsport that is approximately one and
one-half acres in size, approximately 1,200 feet long and 30 to 65 feet wide and located
north of the jetty and southwest of the causeway to Sears Island, on the parcel of land
reserved for port development, also known as "the Transportation Parcel," with the dune's
southerly end located at or near Longitude -68,8877 and Latitude 44.4517 and the dune's
northerly end located at or near Longitude -68.885 and Latitude 44.4545.
Page2-131LR3157(02)
COMMITTEE AMENDMENT
^Jv' COMMITTEE AMENDMENT " /-\!
'^Jv' COMMITTEE AMENDMENT " /-\" to H.P. 1456, L.D. 2266
Sec. 4. Transfer from General Fund unappropriated surplus. On or before
September 1, 2024, the State Controller shall transfer $1,000,000 from the unappropriated
surplus of the General Fund to the Department of Environmental Protection, Coastal Sand
Dune Restoration and Protection Fund, Other Special Revenue Funds account to provide
payments to help fund costs related to eligible projects in the State to restore, protect,
conserve, nourish or revegetate coastal sand dune systems in the State and for other
authorized purposes in accordance with the provisions of the Maine Revised Statutes, Title
38, section 480-KK,
Sec. 5. Appropriations and allocations. The following appropriations and
allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Coastal Sand Dune Restoration and Protection Fund N964
Initiative: Provides an allocation to allow for expenditures regarding projects that meet
specific criteria and restore, protect, conserve, nourish or revegetate coastal sand dune
systems in the State.
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
AllOther $0 $1,000,000
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $1,000,000
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill and
changes the title. It establishes within the Department of Environmental Protection the
Coastal Sand Dune Restoration and Protection Fund, from which the department may pay
up to 50% of the eligible costs incurred in a project to restore, protect, conserve, nourish or
revegetate a coastal sand dune system and up to 100% of eligible costs for projects relating
to coastal sand dune systems and addressing technical assistance and public education. The
amendment directs the State Controller, on or before September 1, 2024, to transfer
$1,000,000 from the unappropriated surplus of the General Fund to the Coastal Sand Dune
Restoration and Protection Fund to fund eligible sand dune projects and provides a
corresponding allocation for that amount.
The amendment also authorizes the Department of Environmental Protection,
notwithstanding any provision of law or department rule prohibiting the construction of
new structures in a coastal sand dune system, to consider and potentially grant a permit
under the Maine Revised Statutes, Title 38, section 480-D for construction of an offshore
wind terminal on Sears Island in the Town of Searsport to be located on or that will
otherwise impact a coastal sand dune system on the island, as long as the project satisfies
all other applicable permitting and licensing criteria under Title 3 5-A, chapter 34 and Title
38, chapter 3. The coastal sand dune system on Sears Island that would potentially be
impacted through the construction of an offshore wind terminal is approximately 4/10 of
an acre in size and located south of and abuttmg the jetty on the western side of the island
COMMITTEE AMENDMENT
pps
COMMITTEE AMENDMENT " ^\" to H.P. 1456, L.D. 2266
on the parcel of land reserved for port development, also known as "the Transportation
Parcel."
The amendment also directs the Department of Transportation, in collaboration with
the Maine Coast Heritage Trust, to take all reasonable steps to ensure the conservation and
protection of a parcel of land in the northwest portion of Sears Island that is approximately
10 acres in size and that includes a different coastal sand dune system on the island and to
provide pedestrian access to that parcel and dune from the causeway to Sears Island through
the intertidal zone. The coastal sand dune system on Sears Island to be conserved and
protected is approximately one and one-half acres in size, approximately 1,200 feet long
and 30 to 65 feet wide and located on the northwestern side of the island, north ofthejetty
and southwest of the causeway to Sears Island, on the parcel of land reserved for port
development, also known as "the Transportation Parcel,"
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 03/25/24 ^K?cl
LD 2266 LR 3157(02)
An Act Regarding Offshore Wind Terminals Located in Coastal Sand Dune Systems
Fiscal Note for Bill as Amended by Committee Amendment "y
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
Net Cost (Savings)
General Fund $0 $1,000,000 $0 $0
Appropriations/Allocations
Other Special Revenue Funds $0 $1,000,000 $500 $500
Transfers
General Fund $0 ($1,000,000) $0 $0
Other Special Revenue Funds $0 $1,000,000 $0 $0
Fiscal Detail and Notes
This bill establishes the Coastal Sand Dune Restoration and Protection Fund within the Department of Environmental
Protection and provides for a one-time transfer of $1,000,000 from the unappropriated surplus of the General Fund to
the fund on or before September 1, 2024. The bill includes an allocation of the same amount to authorize expenditures
of the transferred funds for projects that meet specific criteria and restore, protect, conserve, nourish or revegetate
coastal sand dune systems in the State.
LR3157(02) - Fiscal Note - Page 1 of 1