An Act to Modify the Visual Impact Standards for Offshore Wmd Port Development
Maine Legislature, Session 131, LD 1847
Committee Amendment CA_A_SA_A_S211 (Senate)
Amends: 35-A MRSA §3407, 35-A MRSA §3451, 38 MRSA §480-D, 38 MRSA §482, 38 MRSA §484

SENATE AMENDMENT " ft "to COMivflTTEE AMENDMENT "A" to SP 748, 
L D 1847, "An Act to Modify the Visual Impact Standards for Offshore Wmd Port 
Development" 
Amend the amendment by stnkmg out the title and substitutmg the followmg 
'An Act to Modify the Visual Impact Standards for Offshore Wmd Port Development 
and Establish Labor Standards for Wmd Power ProJects' 
Amend the amendment by stnkmg out everythmg after the title and msertmg the 
followmg 
'Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 23 MRSA c. 412, sub-c. 3 is enacted to read 
SUBCHAPTER 3 
PORT FACILITIES RELATING TO OFFSHORE WIND POWER PROJECTS 
§4441. Port fac1hty-related regmrements 
1. Defimtions As used m this section, unless the context otherwise mdicates, the 
followmg terms have the followmg meanmgs 
A "Labor organization" means an organizat10n of any kmd, or an agency or employee 
representation committee or plan, m which employees participate and that eXIsts for 
the purpose, m whole or m part, of dealing with employers concemmg gnevances, 
labor disputes, wages, rates of pay, hours of employment or conditions of work 
B 
"Labor peace agreement" means an agreement between an employer and a labor 
orgamzation m which the employer agrees to be neutral durmg a labor organtzation's 
campaign to orgamze employees at the work site who are not covered by a collective 
bargammg agreement and not to mterfere with that labor organtzation's campaign and 
the labor organization agrees not to engage m picketmg, work stoppages, boycotts or 
other economic mterference agamst the employer during the campaign 
SENATE AMENDMENT 
SENATE AMENDMENT" A" to COiviMITTEE AMENDMENT "A" to SP 748, L D 1847 { s--i..,\\ 
C "Offshore wmd power protect" or "wmd protect" has the same meanmg as m Title 
35-A, section 3405, subsect10n 1, paragraph C 
D "Protect labor agreement" means a prehrre collective bargammg agreement with one 
or more labor orgamzat1ons that establishes the terms and cond1t1ons of employment 
for a specific protect or portion of a protect, wherever the protect occurs, and 1s an 
agreement described m 29 Umted States Code, Section 158(f) 
E "Responsible entity" means the person or busmess entity undertakmg to develop a 
wmdprotect 
F 
"Zero-em1ss1on port egmpment or technology" has the same meanmg as m 42 
Umted States Code, Section 7433(d)(4) 
2. Pubbc works; pr01ect labor agreements. Notw1thstandmg Title 26, section 3601, 
If a highway or port fac1hty that 1s a public work, as defined m Title 26, section 13 04, 
subsect10n 8, 1s constructed for the purpose of supportmg an offshore wmd power protect, 
the public authority responsible for the construction shall regmre protect labor agreements 
that comply with Title 26, sect10n 3601 for all construct10n work 
3. Other work; pro1ect labor agreements; technology use. If an offshore wmd 
power protect mvolves the lease of a port fac1hty owned or operated by the State, mcludmg 
any port facility owned or operated by the Mame Port Authority, the department, authonty 
or other agency responsible for grantmg the lease shall regmre as a cond1t1on of the lease 
A The use of protect labor agreements for all on-site construction or fabricat10n of 
matenals for the offshore wmd power protect, 
B Labor peace agreements govemmg all full-time employees of the responsible entity 
or of any entity workmg under contract with the responsible entity, other than 
employees who work on a temporary or protect basis, who will make any use of the 
port facility m performmg any work related to the wmd protect, mcludmg but not 
hm1ted to employees mvolved m the followmg activ1t1es related to the wmd protect 
manufacturmg, fabncat1on, operation, mamtenance, decomm1ss10nmg or mant1me 
access, 
C The responsible entity to develop, submit to the Department of Transportat10n and 
1mplement a workforce d1vers1ty, egmty and rnst trans1t1on plan and workforce 
development plan m accordance with subsection 4, and 
D The responsible entity to develop and Implement and submit to the Department of 
Environmental Protection a plan for ensunng the use, to the extent practical, of zero-
emiss10n port eqmpment or technology The entity shall also submit to the Department 
of Envrronmental Protect10n an analysis of the effects the 1mplementat1on of the plan 
will have on arr quality and greenhouse gas emiss10ns 
4. Workforce d1vers1ty, egmty and mst transit10n plan regmrements; workforce 
development plan regmrements. A development plan regurred under subsection 3, 
paragraph C must mclude at least the followmg elements 
A Processes that will ensure collaboration with 
(1) The State's skilled trade and labor umons to recrmt, tram and employ residents 
of the State, mcludmg but not l1mited to mmonties, women, veterans, LGBTO+ 
persons, persons with d1sab1hties, people from 1mpovenshed or rural commumt1es, 
SENATE AMENDMENT 
oS 1 
~ 2 
SENATE AMENDMENT" ,t:1 "to COMMITIBE AMENDMENT "A" to S P 748, L D 1847 { 5 -Z. ( i) 
members of federally recogmzed or state-acknowledged tribes m the State and 
mdividuals who have a crimmal record For the purposes of this subparagraph, 
"LGBTO+" mcludes but is not hmited to lesbian, gay, bisexual, transgender, queer, 
quest10nmg, mtersex and asexual, and 
(2) Workers and labor organizations m mdustries directly affected by the 
development of wmd protects, such as the fossil fuel mdustry and commercial 
fisheries The plan must specifically provide benefits to workers m these mdustnes 
with appropriate variat10ns for workers at early, middle and late stages of their 
careers, 
B A plan for recrmtment of construction, operat10n and mamtenance workers m all 
crafts needed for all phases of the wmd pr01ect mcludmg all on-site, off-site, onshore 
and offshore workers withm the State as well as necessary workers m supply cham 
mvestments, 
C A commitment to engage highly skilled and tramed umon members m the State and 
a plan that mcludes 
(1) Specific details of how the responsible entity and any of its contractors and 
subcontractors will mvest m and use workers from apprenticeship and 
preapprenticeship programs established under Title 26, chapter 3 7, 
(2) A description of how the responsible entity will promote a more diverse 
workforce that mcludes persons identified m paragraph A, subparagraph (1), and 
(3) A descript10n of how the responsible entity mtends to dehver savmgs to 
ratepayers and overall pr01ect costs by providmg labor harmony, access to a steady 
supply of skilled labor and mfrastructure for workforce development resources and 
ensurmg high standards for worker safety while mamtammg workplace 
efficiencies and schedulmg efficiencies, and 
D A description of how the wmd protect will result m savmgs to ratepayers, mcludmg 
how the responsible entity will acquire available federal tax credits 
Sec. 2. 35-A MRSA §3407 is enacted to read 
§3407. Determmatmn of effect on scemc character and related e:nstmg uses 
1. Definrhons. As used m this section, unless the context otherwise mdicates, the 
followmg terms have the followmg meanmgs 
A "Associated facilities" means elements of an offshore wmd termmal other than the 
quay, fixed and mobile cranes, offshore wmd foundations and wmd turbme generators, 
that are necessary to the proper operation and mamtenance of the offshore wmd 
termmal, mcludmg but not hmited to bmldmgs, access roads and laydown areas 
B "Best practical mitigat10n" means methods or technologies used durmg construction 
or operat10n of an offshore wmd termmal that control or reduce to the lowest feasible 
level visual and scemc 1mpacts "Best practical mitigation" may mclude, but is not 
hmited to, turbme and blade coloration to reduce visual 1mpacts and aircraft detection 
technologies to reduce the need for aircraft hazard warnmg hghtmg 
C "Department" means the Department of Environmental Protection 
SENATE AMENDMENT 
~~ 
SENATE AMENDMENT" A "to COMMITIEE AMENDMENT "A" to S P 748, L D 1847 { 5- 2 JI} 
D "Offshore wmd tennmal" means a port fac1hty used for fabncatmg floatmg offshore 
wmd turbme foundations, launchmg floatmg foundations mto the water, assemblmg 
wmd turbme generators atop the foundations or preparmg the assembled wmd turbme 
for towmg to a wet berth or mstallat1on site "Offshore wmd tenmnal" mcludes a quay 
with berths to accommodate the assembly of wmd turbme generators and offshore wmd 
component delivery vessels, an upland laydown area for foundation fabncat1on and 
storage of wmd turbme generator components, fabncation fac1hties, fixed and mobile 
cranes, associated fac1hties and termmal offices and access roads 
2. AppbcatJ.on of standard. This subsect10n governs the department's or the Mame 
Land Use Plannmg Comm1ss10n's makmg fmdmgs regardmg the effect of an offshore wmd 
termmal on scemc or natural character and existmg uses related to scemc character pursuant 
to Title 12, section 685-B, subsect10n 4, paragraph C, Title 38, sect10n 480-D, or Title 38, 
sect10n 484, subsection 3 An offshore wmd termmal protect must mmimize the adverse 
effect on scemc character and ex1stmg uses related to scemc character to the maximum 
extent practicable and use best practical m1t1gat1on to control and reduce visual and scemc 
Impacts Except as otherwise provided m subsection 3, determmat1on that an offshore wmd 
termmal fits harmomously mto the ex1stmg natural envrronment m terms of potential 
effects on scemc or natural character and ex1stmg uses related to scemc character 1s not 
requrred for approval under Title 12, section 685-B, subsection 4, Title 38, sect10n 480-D, 
or Title 38, section 484 
3. Except10n to standard; certam associated facihties. The department, or m the 
case of cert1ficat1on under Title 3 8, chapter 3, subchapter 1, article 6 the Mame Land Use 
Plannmg Comm1ss10n, shall evaluate the effect of associated fac1hties of an offshore wmd 
termmal m terms of potential effects on scemc character and ex1stmg uses related to scemc 
character m accordance with Title 12, sect10n 685-B, subsect10n 4, paragraph C, Title 38, 
section 480-D, or Title 38, section 484, subsect10n 3, m the manner provided for 
development other than offshore wmd termmal development 
4. Limitation on number of offshore wmd termmals. The department may not 
approve permits under Title 38, section 480-D or Title 38, sect10n 484 for more than 4 
offshore wmd termmals If a permit approved under Title 3 8, sect10n 480-D or Title 3 8, 
sect10n 484 exprres, 1s surrendered or 1s revoked pnor to construction of an offshore wmd 
termmal, the department may approve a permit under those sect10ns for another offshore 
wmd termmal 
Sec. 3. 35-A MRSA §3451, sub-§1, as enacted by PL 2007, c 661, Pt A, §7, 1s 
amended to read 
1. Associated facilities. "Associated fac1hties" means elements of a wmd energy 
development other than its generatmg fac1ht1es that are necessary to the proper operation 
and mamtenance of the wmd energy development, mcludmg but not lim1ted to bmldmgs, 
access roads, generator lead Imes and substations "Associated fac1ht1es" mcludes port 
fac1ht1es necessary to the proper operation and mamtenance of an offshore wmd power 
protect as defined m Title 23, sect10n 4441, subsect10n 1, paragraph C 
Sec. 4. 35-A MRSA §3451, sub-§4, as enacted by PL 2007, c 661, Pt A, §7, 1s 
amended to read 
4. Expedited wmd energy development. "Expedited wmd energy development" 
means a gnd-scale wmd energy development or a port fac1hty necessary to the power 
SENATE AMENDMENT 
~o~~ 
SENATE AMENDMENT" 4" to COMMJTTEE AMENDMENT "A" to SP 748, L D 1847 { 5- 2 Jtj 
operation and mamtenance of an offshore wmd power pr01ect as defmed m Title 23, section 
4441, subsection I, paragraph C that is proposed for locat10n withm an expedited 
permittmg area 
Sec. 5. 38 MRSA §480-D, sub-§1, as amended by PL 2009, c 615, Pt E, §8, is 
further amended by enactmg at the end a new last blocked paragraph to read 
In makmg a determmation under this subsection regardmg an offshore wmd termmal as 
defmed m Title 35-A, section 3407, subsection I, paragraph D, the department shall 
consider the termmal' s effects on scemc character and existmg uses related to scemc 
character m accordance with Title 35-A, sect10n 3407 
Sec. 6. 38 MRSA §482, sub-§2, ,rF, as amended by PL 2009, c 615, Pt E, §14, is 
further amended to read 
F Is an 011 termmal facihty as defmed m this section, et= 
Sec. 7. 38 MRSA §482, sub-§2, ,rJ, as enacted by PL 2009, c 615, Pt E, § 15, is 
amended to read 
J Is an offshore wmd power project with an aggregate generatmg capacity of 3 
megawatts or more-.....m: 
Sec. 8. 38 MRSA §482, sub-§2, ,r.K is enacted to read 
K Is an offshore wmd termmal as defmed m Title 35-A, section 3407, subsection 1, 
paragraphD 
Sec. 9. 38 MRSA §484, sub-§3, ,rJ is enacted to read 
J In makmg a determmat10n under this subsection regardmg an offshore wmd termmal 
as defined m Title 35-A, section 3407, subsection I, paragraph D, the department shall 
consider the termmal's effects on scemc character and existmg uses related to scemc 
character m accordance with Title 35-A, sect10n 3407 
Sec. 10. Federal fundmg. 
The Department of Environmental Protect10n, m 
consultation and coordmation with the Department of Inland Fishenes and W1ldhfe, the 
Department of Marme Resources, the Department of Transportat10n and the Mame Port 
Authonty, shall seek federal fundmg available under the federal Infrastructure Investment 
and Jobs Act, the federal Inflation Reduction Act of 2022 and any other federal law or 
program to purchase or subsidize the purchase of port technology, to fund the construction 
of port fac1hties to support an offshore wmd power project and to restore or enhance climate 
res1hence and b1od1versity of any nearshore, mtert1dal or upland areas disturbed by 
activities related to offshore wmd power projects governed by the Mame Revised Statutes, 
Title 23, chapter 412, subchapter 3 For the purposes of this section, "port technology" 
means technology used at or near a port facihty to service or support a wmd project and 
mcludes but 1s not hm1ted to technology mvolved m cargo handlmg, cement or concrete 
manufacturmg, surface transportation and shore power for mantime vessels ' ' 
Amend the amendment by relettermg or renumbermg any nonconsecutive Part letter or 
sect10n number to read consecutively 
SUMMARY 
This amendment does the followmg 
SENATE AMENDMENT 
~-
SENAIB AMENDMENT" 11" to COMMITIEE AMENDMENT "A" to s p 748, L D 1847 { 5- ZJ I) 
It requrres any pubhc port facility or highway constructed to serve an offshore wmd 
power project to employ project labor agreements that comply with the Mame Revised 
Statutes, Title 26, section 3601 
It provides that m the case of an offshore wmd power project that mvolves the lease 
of a port facility owned or operated by the State, the lease must requrre 
A The use of project labor agreements for all on-site construction or fabncation of 
matenals for the project, 
B Labor peace agreements govemmg full-ttme employees who will make any use of 
the port facility, mcludmg but not ltmited to employees mvolved m the followmg 
activities related to the wmd project manufacturmg, fabncation, operation, 
mamtenance, decommiss10nmg or manttme access, 
C The implementat10n of a development plan that mcludes, among other thmgs, 
specific plans for recrmtmg and employmg a diverse workforce, and 
D The development and tmplementation of a plan for ensunng the use, to the extent 
practicable, of zero-emiss10n port eqmpment or technology 
It drrects the Department of Environmental Protection, m consultation and 
coordmation with the Department of Inland Fishenes and Wtldhfe, the Department of 
Marme Resources, the Department of Transportation and the Mame Port Authonty, to seek 
federal fundmg available under the federal Infrastructure Investment and Jobs Act, the 
federal Inflation Reduct10n Act of 2022 and any other federal law or program to enhance 
cltmate resilience and btodiversity of any nearshore, mtertidal or upland areas disturbed by 
activities related to offshore wmd power projects 
It amends defmitions relatmg to expedited wmd energy developments to mclude 
port facilities associated with offshore wmd power projects 
It establishes a new type of port development used for fabncatmg offshore wmd 
turbmes called an offshore wmd termmal It establishes a visual tmpact standard to evaluate 
the effect of the development of an offshore wmd termmal The amendment provides that 
offshore wmd termmals must receive review under the provisions of law govemmg site 
location of development 
It amends the provisions of law govemmg site location of development and the 
Natural Resources Protect10n Act to provide that when proposed offshore wmd termmals 
receive review, tmpacts related to scemc character and existmg uses related to scemc 
character are governed by the 
w visual i 
act standard 
SPONSORED BY: ----F-----------,,,...:a.-.,,F----
( Sen at or CURRY, C.) 
COUNTY: Waldo 
FISCAL NOTE REQUIRED 
(See attached) 
SENATE AMENDMENT 
Approved 06/07 /23 ::k?ae 
LD 1847 
LR 2445(04) 
An Act to Modify the Visual Impact Standards for Offshore Wmd Port Development 
Fiscal Note for Senate Amendment ''f-F to Committee Amendment "A" { yz_l 1\ 
Sponsor: Sen. Curry of Waldo 
) 
Fiscal Detail and Notes 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Potential current b1enmum cost mcrease - Highway Fund 
Potential current b1enmum cost mcrease - Federal Expenditures Funds 
\\ This amendment stikes the bill as amended by Cmmmttee Amendment "A" and replaces 1t with LD 1818 as amended 
by Committee Amendment "A" 
This amendment will require that an offshore wmd power project that mvolves the lease of a pmi fac1hty owned or 
operated by the State mclude certam project labor agreements for all on-site construct10n or fabncat10n of matenals, 
labor peace agreements govemmg full-time employees who will make any use of the port facility, mcludmg but not 
lnmted to employees mvolved m manufactunng, fabncat10n, operation, mamtenance, decomm1ssionmg or manhme 
access, the implementation of a development plan that mcludes specific plans for recruitmg and employmg a diverse 
workforce and the development and implementat10n of a plan for ensurmg the use, to the extent practical, of zero-
emiss10n poii equipment or technology 
Requmng project labor agreements for public port facilities constructed or leased to serve offshore wmd power 
projects and development plans that ensure collaborat10n and recruihnent withm the trade and labor umons may hmit 
the number of contractors able to bid on any offshore wmd power projects Requmng the use of zero-emission port 
equipment and technology may lnmt the number of suppliers who can offer such equipment How these hmitat10ns 
will nnpact the cost of such projects gomg forward cannot be detennmed at this tnne and will depend on the 
comparative rates of labor, umon versus nonumon, and various costs of development that will be proposed at the time 
of each project 
LR2445(04) - Fiscal Note - Page 1 of I