An Act to Prohibit Offshore Wind Energy Development
Maine Legislature, Session 131, LD 1884
Committee: Energy, Utilities and Technology
Sponsors: STROUT, ARDELL, BOYER, FAULKINGHAM, MORRIS, QUINT, RUDNICKI
Amends: 35-A MRSA §3405

Legislative Document
No. 1884
H.P. 1209
House of Representatives, May 3, 2023
An Act to Prohibit Offshore Wind Energy Development
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative STROUT of Harrington.
Cosponsored by Representatives: ARDELL of Monticello, BOYER of Poland, 
FAULKINGHAM of Winter Harbor, MORRIS of Turner, QUINT of Hodgdon, RUDNICKI of 
Fairfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA §3405, as enacted by PL 2021, c. 407, §2, is amended to read:
§3405.  Prohibition on offshore wind power projects in territorial waters, federal 
waters and submerged lands
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Associated facilities" has the same meaning as in section 3451, subsection 1.
B.  "Offshore wind energy demonstration project" has the same meaning as in Title 38, 
section 480‑HH, subsection 1, paragraph H.
C.  "Offshore wind power project" means an offshore project that uses a windmill or 
wind turbine to convert wind energy to electrical energy.  "Offshore wind power 
project" includes both generating facilities as defined by section 3451, subsection 5 
and associated facilities, without regard to whether the electrical energy is for sale or 
use by a person other than the generator.
D.  "Pilot-scaled, limited duration offshore wind power research and development 
project" means an offshore project that uses a wind turbine to convert wind energy to 
electrical energy, has a generating capacity of no more than 0.5 megawatts and is 
operational for no more than 5 years.
E.  "Submerged lands" has the same meaning as in Title 12, section 1801, subsection 
9.
F.  "Territorial waters" has the same meaning as in Title 12, section 6001, subsection 
48‑B.
2.  Prohibition.  Notwithstanding any provision of law to the contrary and except as 
otherwise provided by subsection 3, 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 or federal waters as defined in Title 
38, section 570-AA, subsection 3.
3.  Exemption.  The prohibition established under subsection 2 does not apply to:
A.  A pilot-scaled, limited-duration offshore wind power research and development 
project;
B.  An offshore wind energy demonstration project and its associated facilities 
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;
C.  The licensing, permitting or approval by a state agency or municipality or other 
political subdivision of the State of the siting, construction or operation of or the 
issuance of a lease or the grant of an easement or other real property interest for portside 
infrastructure or associated facilities other than utility cables or transmission lines 
governed by paragraph D that are intended to support generation of electricity from 
offshore wind energy facilities located seaward of the territorial waters; and
D.  The licensing, permitting or approval by a state agency or municipality or other 
political subdivision of the State of the siting, construction or operation of or the 
issuance of a lease or the grant of an easement or other real property interest for utility 
cables or transmission lines that are intended to support generation of electricity from 
offshore wind energy facilities located seaward of the territorial waters if, by March 1, 
2023:
(1)  The Governor's Energy Office has completed a strategic plan to inform the 
development of offshore wind power projects that minimizes conflict with existing 
maritime industries, particularly fishing; identifies opportunities to preserve 
existing maritime businesses and jobs; and maximizes jobs, investment, new 
technologies and sustainability;
(2)  The Governor's Energy Office, in consultation with other state agencies, has 
conducted a review of applicable state laws and rules to determine whether the 
existing offshore wind energy statutory and regulatory framework protects the 
State's coastal resources in a manner that avoids or minimizes adverse effects on 
coastal resources and users from the development of offshore wind power projects 
located seaward of the territorial waters; and
(3)  The Governor's Energy Office, with input from the advisory board of the 
Offshore Wind Research Consortium established in section 3406, has identified 
the preliminary research questions the consortium seeks to answer regarding the 
development of offshore wind power projects.
The Governor's Energy Office shall submit a report to the joint standing committee 
of the Legislature having jurisdiction over energy and utility matters when the 
conditions established under subparagraphs (1) to (3) are met.
Sec. 2. Department of Agriculture, Conservation and Forestry; submission 
of legislation.  On or before December 6, 2023, the Department of Agriculture, 
Conservation and Forestry shall submit legislation to the Second Regular Session of the 
131st Legislature necessary to align those provisions of law under its jurisdiction with the 
prohibition on offshore wind power projects under the Maine Revised Statutes, Title 35-A, 
section 3405.
Sec. 3. Public Utilities Commission; submission of legislation.  On or before 
December 6, 2023, the Public Utilities Commission shall submit legislation to the Second 
Regular Session of the 131st Legislature necessary to align those provisions of law under 
its jurisdiction with the prohibition on offshore wind power projects under the Maine 
Revised Statutes, Title 35-A, section 3405.
Sec. 4. Department of Environmental Protection; submission of legislation. 
On or before December 6, 2023, the Department of Environmental Protection shall submit 
legislation to the Second Regular Session of the 131st Legislature necessary to align those 
provisions of law under its jurisdiction with the prohibition on offshore wind power 
projects under the Maine Revised Statutes, Title 35-A, section 3405.
SUMMARY
This bill prohibits a state agency or municipality or other political subdivision of the 
State from licensing, permitting or otherwise approving or authorizing the siting, 
construction or operation of, or issuing a lease or granting 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, territorial waters or federal waters. It directs the 
Department of Agriculture, Conservation and Forestry, the Public Utilities Commission 
and the Department of Environmental Protection to submit legislation to align the 
provisions of law under the agencies' respective jurisdictions with the prohibition on 
offshore wind power projects.