An Act Regardmg the Procurement of Energy from Offshore W md Resources
Maine Legislature, Session 131, LD 1895
Committee Amendment CA_A_S420 (Senate)
Amends: 5 MRSA §158, 12 MRSA §1862, 12 MRSA §1863, 26 MRSA §1304, 35-A MRSA §3401-A, 35-A MRSA §3404, 35-A MRSA §3406, 35-A MRSA §3407, 35-A MRSA §3408, 35-A MRSA §3409, 35-A MRSA §3453-A, 36 MRSA §191

CO1\1MITTEE AMEND1\1ENT "A " 
to S P 766, L D 1895, "An Act Regardmg the 
Procurement of Energy from Offshore W md Resources" 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 5 MRSA §158 is enacted to read 
§158. Fishmg Commumty Protect10n and Low-mcome Ratepayer Fund 
1. Fund estabhshed The Fishmg Commumty Protection and Low-mcome Ratepayer 
Fund, referred to m this section as "the fund," is established withm the Office of the 
Treasurer of State as a nonlapsmg, dedicated fund to be used to mcentivize the sitmg of 
floatmg offshore wmd power pro1ects to av01d conflict with commercial fishenes m the 
Gulf of Mame and related human uses of the State's submerged lands as well as to assist 
low-mcome ratepayers 
Admm1strat1on The Treasurer of State shall admmister the fund as provided m this 
section 
3. Sources of funds 
The followmg funds must be transferred on receipt to the 
Treasurer of State for deposit m the fund 
A Submerged lands operatmg fee payments for offshore wmd power pro1ects as 
described m Title 12, sect10n 1862, subsection 13, paragraph B, subparagraph (IO), 
B Money appropnated from the General Fund, and 
C Money from any other federal, state or pnvate sources 
4. Disbursement of funds; regmred uses. The Treasurer of State shall annually 
disburse the money m the fund m consultation with the Pubhc Utihties Commission, the 
Office of the Pubhc Advocate and the Mame State Housmg Authonty for use as follows 
A Eighty percent of the fund must be used to provide grants to developers of floatmg 
offshore wmd power pro1ects, manufacturers of floatmg offshore wmd power 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to S P 766, L D 1895 
component parts and operators of floatmg offshore wmd power pro1ects that fulfill the 
followmg cntena 
(1) The pro1ect's generation facilities are located outside of Lobster Management 
Area 1, as defmed by the Department of Marme Resources by rule, and 
(2) The developer, manufacturer or operator has a fully executed labor peace 
agreement, as defined m Title 35-A, sect10n 3401-A, subsection 6, or commits to 
executmg one, with bona fide labor orgamzat10ns that actively represent or seek to 
represent employees providmg nonconstruction work on the pro1ect and the 
construction work on the pro1ect is covered by a pro1ect labor agreement, as defined 
m Title 35-A, section 3210-H, subsection 1, paragraph C, and 
B Twenty percent to provide fmancial assistance for low-mcome households m 
accordance with Title 35-A, section 3214, subsect10n 2 
The Treasurer of State, m consultation with the Pubhc Utilities Commission, the Office 
of the Public Advocate and the Mame State Housmg Authonty, may adopt rules to 
implement this section Rules adopted pursuant to this sect10n are routme techmcal rules 
pursuant to chapter 375, subchapter 2-A 
Sec. 2. 12 MRSA §1862, sub-§13, 18, as enacted by PL 2009, c 615, Pt B, §1 
and amended by PL 2011, c 657, Pt W, §7 and c 682, §38 and PL 2013, c 405, Pt A, 
§24, is further amended by enactmg a new subparagraph (10) to read 
(10) If the application for a lease or easement submitted m connection with an 
offshore wmd power pro1ect, as defined m Title 35-A, section 3405, subsection 1, 
paragraph C, is selected for a contract m accordance with Title 35-A, sect10n 3408, 
the followmg requirements apply 
(a) The director shall charge an annual operatmg fee to a lessee, permittee or 
grantee of an easement based on the electricity generated m connection with 
the use of the lease, permit or easement for the use of submerged lands owned 
by the State m connection with an offshore wmd power pr01ect The bureau 
shall adopt routme techmcal rules to establish the annual operatmg fee at an 
amount equal to 20% of the amount set out m 3 0 Code of Federal Regulations, 
Section 585 506 A fee required m accordance with this divis10n ism addit10n 
to any rent that may be required under this Title 
(b) The applicant must demonstrate that it has fully executed or will execute 
a labor peace agreement, as defmed m Title 35-A, sect10n 3401-A, subsect10n 
6, with bona fide labor organizations that actively represent or seek to represent 
employees workmg for and providmg operat10ns or mamtenance services m 
connection with the offshore wmd power pro1ect 
Sec. 3. 12 MRSA §1863, sub-§2, ,rA is enacted to read 
A When the director expends money from the fund for the purpose of constructmg 
improvements m connection with an offshore wmd power pr01ect, as defmed m Title 
35-A, section 3405, subsection 1, paragraph C, selected for a contract m accordance 
with Title 35-A, sect10n 3408, the expenditure of that money must be conditioned upon 
the recipient's agreement to conform to the requirements applicable to assisted pr01ects 
under Title 26, chapter 15 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT 'A" to SP 766, L D 1895 
Sec. 4. 26 MRSA §1304, sub-§1-A, as enacted by PL 2021, c 705, §2, 1s amended 
by enactmg before the first blocked paragraph a new blocked paragraph to read 
"Assisted pro1ect" mcludes any construct10n pro1ect that receives fundmg under Title 12, 
section 1863, subsect10n 2, paragraph A 
Sec. 5. 35-A MRSA §3401-A 1s enacted to read 
§3401-A. Defimtions 
As used m this chapter, unless the context otherwise md1cates, the followmg terms 
have the followmg meanmgs 
1. Certified busmess. "Certified busmess" means a busmess that has been certified by 
the federal Small Busmess Admm1strat10n or another appropnate entity, as determmed by 
the comm1ss1on by rule, as a mmonty-owned, veteran-owned or women-owned busmess 
2. Extraterr1tor1al wmd pro1ect. "Extraterntonal wmd pro1ect" means a pr01ect to 
develop an offshore wmd power pro1ect located seaward of the State's terntonal waters 
3. F1shmg commumty. "F1shmg commumty" means a mun1cmahty where marme 
orgamsms as defmed m Title 12, section 6001, subsection 26 are landed or processed 
4. Floatmg extraterritorial wmd pro1ect. "Floatmg extraterntonal wmd pro1ect" 
means a floatmg offshore wmd power pro1ect that 1s located seaward of the State's 
terntonal waters 
5. Labor orgamzat1on. "Labor orgamzat1on" has the same meanmg as m section 
210-H, subsection 1, paragraph B 
6. Labor peace agreement. "Labor peace agreement" means an agreement between 
an employer and a labor orgamzat10n m which the employer agrees to be neutral dunng a 
un10n organtzmg campaign and to not mterfere with umon organtzmg and the labor 
organtzatlon agrees not to engage m p1cketmg, work stoppages, boycotts or other economic 
mterference with the employer 
7. Lobster Management Area 1. "Lobster Management Area l" means the area 
defmed by rule as Lobster Management Area 1 by the Department of Marme Resources 
8. Nameplate capacity. "Nameplate capacity" has the same meanmg as m sect10n 
3481, subsection 11 
9. Office. "Office" means the Governor's Energy Office estabhshed m Title 2, section 
.2... 
10. Offshore wind pow~r project. "Offshore wmd power protect" has the same 
meanmg as m section 3405, subsect10n 1, paragraph C 
11. Pro1ect labor agreement. "Protect labor agreement" has the same meanmg as m 
section 3210-H, subsection 1, paragraph C 
12. Responsible entity. "Responsible entity" means the person or busmess entity 
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undertakmg to develop an extraterntonal wmd pro1ect 
Sec. 6. 35-A MRSA §3404, sub-§2, as amended by PL 2009, c 615, Pt A, §4, 1s 
repealed and the followmg enacted m its place 
COMMITTEE AMENDMENT 
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COMI\,1ITTEE AMENDMENT" A" to SP 766, L D 1895 
2. State wmd energy generation goals. The State's goal for wmd energy development 
m proX1Il1ate federal waters 1s for at least 3,000 megawatts of mstalled capacity by 
December 31, 2040 
Begmnmg January 1, 2025 and every 2 years thereafter, the office may reevaluate and 
mcrease the goal established by this section and report that goal to the 1omt standmg 
committee of the Legislature havmg mnsd1ct1on over energy and utilities matters 
Sec. 7. 35-A MRSA §3406, as enacted by PL 2021, c 407, §3, 1s amended to read 
§3406. Offshore Wmd Research Consortium, fund established 
1. Offshore Wmd Research Consortmm. The Offshore Wmd Research Consortmm 
1s an m1tlat1ve of the Governor's Energy Offioe office, m collaborat10n with the Department 
of Marme Resources and the Department of Inland F1shenes and Wildlife, to coordmate, 
support and arrange for the conduct of research on offshore wmd power projects m the Gulf 
ofMame 
2. Advisory board. The GO\zernor's EHergy Offiee office, m consultat10n with 
mdependent sc1ent1fic experts, shall establish an advisory board of the consortmm to 
oversee the development and execution of a research strategy to better understand the local 
and regional Impacts of floatmg offshore wmd power projects m the Gulf of Mame The 
advisory board must mclude, but 1s not IIID1ted to, the followmg members 
A Two md1v1duals from orgamzat1ons that represent commercial lobster harvestmg 
mterests m the State, 
B 
At least one md1v1dual from an orgamzation that represents the mterest of 
commercial fishenes other than lobster harvestmg, 
C The Comm1ss10ner ofMarme Resources, or the comm1ss1oner's des1gnee, 
C-1 
The Comm1ss10ner of Inland F1shenes and WIidlife, or the comm1ss10ner's 
des1gnee, 
D Two md1v1duals, not represented by an orgamzatlon, that represent the mterests of 
the commercial lobster harvestmg mdustry and commercial fishenes m the State, aftd 
E One md1v1dual from the recreat10nal charter fishmg mdustry-.,_ 
F At least one md1v1dual who 1s a member of one of the federally recognized Indian 
0 
tribes m this State, 
G Two md1v1duals with expertise m marme wildlife and habitats, and 
H At least one md1v1dual with expenence m commercial offshore wmd development 
The advisory board 1s subject to all applicable prov1s1ons of the Freedom of Access Act 
The operation of the advisory board must be mformed by the work of regional and nat10nal 
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scientific ent1t1es 
The advisory board shall solicit mput from stakeholders, mcludmg 
representatives of the fishmg mdustry, state and federal agencies and scientific experts 
3. Research strategy. The advisory board established m subsect10n 2 m developmg 
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a research strategy shall at a mmimum 1dent1fy 
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A Opportumties and challenges caused by the deployment of floatmg offshore wmd 
power projects to the ex1stmg uses of the Gulf of Mame, 
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COMMITIEE AMENDMENT •A" to SP 766, L D 1895 
B Methods to av01d and mmnmze the nnpact of floatmg offshore wmd power projects 
on ecosystems and existmg uses of the Gulf of Mame, and 
C Ways to realize cost efficiencies m the commercialization of floatmg offshore wmd 
power projects 
The advisory board shall advise the Go:v:emor's Eaergy Offiee office on the development 
of the components of the research strategy 
4. Offshore Wmd Research Consortmm Fund; estabhshed. The Offshore Wmd 
Research Consortmm Fund, referred to m this subsection as "the fund," is established as a 
nonlapsmg fund admmistered by the Go:r;:emor's Eaergy Office office and the Department 
of Marme Resources and m coordmation with the Department of Inland Fisheries and 
Wildlife 
The fund consists of funds that are appropriated by the Legislature, funds 
received from federal and state sources, payments from extraterritorial wmd pro1ects m 
accordance with section 3408, subsection 1, paragraph D, subparagraph (3) and other funds 
from any public or private source received for use for any of the purposes under this 
subsection 
The source of any funds received from public or private sources must be 
publicly disclosed The fund may be used to support the consortmm and the work of the 
advisory board established m subsection 2, mcludmg for 
A Developing the research strategy under subsect10n 3, 
B Conductmg research pursuant to the strategy developed under subsection 3, 
B-1 
Supporting conservation actions and pro1ects that support species and habitats 
nnpacted by offshore wmd development, 
C Producmg reports or other materials, 
D 
Compensating mdependent experts, if needed to assist m the development or 
execution of the research strategy under subsection 3, and 
E Makmg any other expenditures that are necessary to achieve the purposes of this 
section 
The Go:r;:emor's Eaergy Offiee office, m consultation with the advisory board, shall provide 
an annual report on the use of the fund m the last quarter of each calendar year to the jomt 
standmg committee of the Legislature havmg jurisdiction over energy and utility matters 
Sec. 8. 35-A MRSA §3407 is enacted to read 
§3407. 
Mame Offshore Wmd Renewable Energy and Economic Development 
Program 
1. Program established. The Mame Offshore W md Renewable Energy and Economic 
Development Program, referred to m this section as "the program," is established to further 
the development and use of offshore wmd energy resources m the Gulf of Mame, referred 
to m this sect10n as "offshore wmd pro1ects " The office, m collaboration with the 
commission, shall admmister the program m accordance with this section and shall ensure 
that the program is designed to advance the greenhouse gas emissions reduction obligations 
and clnnate policies of this State under Title 38, section 576-A and Title 38, section 577, 
subsection 1, the renewable energy goals established m section 3210, subsection 1-A and 
all applicable workforce development efforts of this State Under the program, the office, 
m collaboration with the commission, shall 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to SP 766, L D 1895 
A Encourage the responsible development of offshore wmd pro1ects to stabilize energy 
supply prices, reduce this State's reliance on Imported fossil fuels, realize drrect and 
near-term economic benefits for the people of this State and ensure the achievement of 
this State's wmd energy generation goals established m section 3404, subsection 2, 
B Support offshore wmd pro1ects that result m long-term, family-supportmg careers, 
mcludmg for disadvantaged populations and commumties, 
C Support responsibly sited and operated offshore wmd pro1ects that avoid or 
mm1mize and compensate for 1mpacts to wildlife, habitat fisheries and coastal 
commumties m the Gulf of Mame, 
D Support efforts to mcrease understandmg of impacts of offshore wmd pro1ects on 
the marme environment and to advance research to better understand how offshore 
wmd pro1ects can coexist with mm1mal 1mpact to existmg ocean users, wildlife, 
fisheries and the marine environment, 
E Promote diversity, egmty and mclusion m the development of offshore wmd pr01ects 
with particular consideration given to the energy and economic circumstances and 
opportumties m coastal and socially vulnerable commumties and for the federally 
recogmzed Indian tribes For the purposes of this paragraph, "socially vulnerable 
commumties" 
means 
those 
commumties 
contammg 
populations 
that 
are 
disproportionately burdened by existmg social meqmties or lack the capacity to 
withstand new or worsenmg burdens, 
F Support the advancement of port mfrastructure and the development of a supply 
cham to support the development of offshore wmd pro1ects, 
G Support the development and deployment of rnnovative technologies to achieve the 
energy policy and economic development ob1ectives of this State, mcludmg energy 
storage, 
H Support the use of Mame-based technical and engmeermg expertise and bmld on 
this State's leadership m offshore wmd, mant1me mdustnes and research and 
development, 
I Support the development of transmission mfrastructure necessary for this State to 
expeditiously meet its renewable energy and climate goals, mcludmg advancmg the 
development of shared or regional offshore wmd transmission mfrastructure, 
J Collaborate with other states or entities when appropriate on reg10nal issues, 
mcludmg, but not limited to, transmiss10n, procurement, supply cham and workforce 
development and research and momtormg relatmg to wildlife, fisheries and the Gulf of 
Mame ecosystem, 
K Support responsibly sited offshore wmd pr01ects located m areas outside of the area 
of the Gulf of Mame where the ma10nty of lobster fishmg or other sigmficant 
commercial fishmg occurs, 
L Coordmate the activities of state agencies that are affected by the development of 
offshore wmd pro1ects, mcludmg, but not l1mited to, the Department of Economic and 
Commumty Development, the Department of Manne Resources, the Department of 
Transportat10n, the Department of Inland Fisheries and Wildlife and the Department 
of Envrronmental Protection, and 
COMMITTEE AMENDMENT 
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\ 
\ 
I 
COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
M Support the development of deep-water offshore wmd pro1ects and transm1ss10n 
mfrastructure m the Gulf of Mame that serve the pubhc mterest by advancmg the 
renewable energy and climate pohc1es and economic development goals of this State 
and helpmg to reduce energy pnce volat1hty 
2. Federal lease stmulat1ons. The office, m consultat10n with other state agencies, 
mcludmg, but not lIID1ted to, the Department of Marme Resources, shall advocate for the 
mclus1on m any leases issued by a federal agency for offshore wmd energy product10n m 
federal waters prov1s10ns that will 
A Support economic development, mcludmg the development of port mfrastructure, 
B Promote pubhc commumcat1ons plans about the leased activity, 
C Ensure appropnate engagement with federally recogmzed Indian tnbes, 
D Include adequate transm1ss1on plannmg, 
E Result m access to research conducted m connection with the lease, and 
F Max1m1ze mitigation of and compensation for Impacts to coastal commumties, 
w1ldhfe, fishenes and the marme env1ronment 
Sec. 9. 35-A MRSA §3408 1s enacted to read 
§3408. Offshore wmd energy procurement 
1. Preparation of requests for proposals; offshorewmd energy fac1hties. The office 
shall establish a schedule for competitive sohc1tations for the development and construction 
offloatmg extraterntonal wmd protects to meet the ob1ectives of the program as descnbed 
m section 3407 The office shall prepare, m consultation with appropnate state agencies, a 
request for proposals to implement each competitive sohc1tat1on Upon developmg a 
request for proposals for a compet1t1ve sohc1tat10n under this section, the office shall submit 
the request for proposals to the comm1ss10n for approval 
A Each sohc1tation must specify the date on which a subsequent sohc1tat10n must be 
m1tiated and the specified date must be w1thm 3 6 months of a previous sohc1tatlon 
B The office shall make reasonable efforts to consult with ent1t1es w1thm this State, 
mcludmg, but not lIID1ted to, the comm1ss10n, the Office of the Pubhc Advocate and 
entities mcluded m sect10n 3407, subsection 1, paragraph L, and other states or entitles 
regardmg coordmated sohc1tat10ns 
C A sohc1tat10n under this section must seek proposals for floatmg extraterntonal 
wmd pr01ects with not less than approximately 600 megawatts of nameplate capacity 
or of sufficient size to enable cost-competitive commercial-scale development A 
sohc1tat10n developed m coordmat1on with other states or entitles may seek proposals 
for protects with a nameplate capacity of less than 600 megawatts 1f the coordmated 
sohc1tat1on 1s m an aggregate amount sufficient to enable cost-competitive 
commercial-scale development 
D A sohc1tat10n under this section must specify bidder cntena, mcludmg 
(1) Subm1ss1on of plans that meet or exceed state and federal regu1rements or 
gmdelmes and are consistent with the recommendat10ns m the Mame Offshore 
Wmd Roadmap ISsued by the office m February 2023 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A "to SP 766, L D 1895 
(a) To ensure stakeholder engagement, capacity bmldmg and egmty with 
particular consideration given to the energy and economic circumstances and 
opportumt1es m coastal and socially vulnerable commumt1es, as defmed m 
sect10n 3407, subsection 1, paragraph E, 
(b) To achieve economic and commumty benefits, mcludmg, but not lnmted 
to, mvestments m and development of ports, supply chams and the necessary 
workforce, 
(c) To achieve d1vers1ty, egmty and mclus1on m employment and contractmg 
for the pr01ect, 
(d) To provide for fishenes research, momtormg and m1t1gat1on, and 
(e) To provide for envtronmental and wildlife research, momtormg, mitigation 
and conservat10n, 
(2) A fishmg commumt1es mvestment plan, as described m subsection 3, 
(3) An agreement by the responsible entity, 1f 1t 1s approved for a contract under 
this sect10n, to pay an amount equal to $10,000 per megawatt of the floatmg 
extratemtonal wmd pro1ect's nameplate capacity to the Offshore Wmd Research 
Consortmm Fund m accordance with sect10n 3406, subsection 4, and 
(4) An agreement by the responsible entity, 1f 1t 1s approved for a contract under 
this section, to provide fmanc1al and techmcal assistance necessazy to tmplement 
the plans listed m subparagraphs (1) and (2) 
The office may waive any of the requtrements of this paragraph if the office determmes 
that applicable federal or state cntena, mcludmg, but not ltm1ted to, federal lease 
prov1s1ons, adequately achieve the applicable requrrement 
E A solic1tat10n under this section must be announced, pnor to issuance, through a 
notice of mtent and made available m draft form, mcludmg the cntena for the plans 
requrred pursuant to paragraph D, for pubhc comment The office shall 
(1) Conduct at least 2 pubhc comment sessions on the solicitation, at least one of 
which must be m person, m advance of the pubhcation of a draft sohc1tation to 
assist m the development of the contents of the draft solic1tat10n, 
(2) Respond m wr1tmg to the comments received regardmg the draft sohc1tat1on, 
{3) Coordmate with the Department of Economic and Commumty Development, 
the Department of Marme Resources, the Department of Transportation, the 
Department oflnland F1shenes and Wildlife and the Department of Environmental 
Protect10n on the development of the cntena for the plans requtred pursuant to 
paragraph D, 
( 4) Request comments on the draft sohc1tat10n from each federally recogmzed 
Indian tribe and the Mame Indian Tnbal-State Comm1ss1on, and 
(5) In developmg the plan cntena for the plans requtred pursuant to paragraph D, 
consider all comments received under subparagraph ( 4) 
2. Requests for proposals; floatmg extraterritorial wmd pro1ects. The comm1ss1on 
shall review a solicitation developed by the office under subsection 1 and, upon fmdmg 
that the solic1tat1on 1s reasonably likely to attract competitive bids and further the ob1ecttves 
COMMITTEE AMENDMENT 
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COMMITIBE AMENDMENT "A "to S P 766, L D 1895 
of the program as described m sect10n 3407, shall issue a request for proposals m 
accordance with this subsection 
A The office shall file with the commission the first sohc1tation by July 1, 2025 unless 
another date 1s established by mutual agreement between the office and the 
commission 
B The comm1ss10n shall issue the first request for proposals by January 15, 2026 
C If, w1thm any 3-year period begmnmg January 1, 2026 and endmg January 1, 2039, 
the comm1ss1on has not found a sohc1tat1on submitted by the office to be reasonably 
hkely to further the ob1ectives of the program, the commission shall expeditiously 
develop and issue a request for proposals consistent with the requrrements of this 
sect10n 
D The commiss10n shall review and make a determmat10n regardmg a sohcitat10n 
submitted by the office withm 6 months of the date of submission 
E If the commiss10n determmes that a contract for an amount greater than those 
specified m subsection 1, paragraph C 1s m the pubhc mterest, it may select resources 
and approve contracts accordmgly 
F In conductmg a sohcitatlon and selectmg floatmg extratemtorial wmd pro1ects under 
this section, the commiss10n shall ensure that selected pro1ects result m contracts that 
are cost-effective for electric ratepayers over the term of the contract, takmg mto 
consideration potential quantitative and quahtative economic, envrronmental and other 
benefits to ratepayers The commission shall give greater priority to pro1ects that are 
eligible for and mtend to apply for fundmg under Title 5, section 158 The commiss10n 
shall give secondary priority to pr01ects that 
(1) Provide employment and contractmg opportumt1es for members of federally 
recogmzed Indian tribes, workers from disadvantaged commumties as defmed by 
the Umted States Council on Environmental Ouahty's chmate and economic mstice 
screenmg tool or by an agency of this State usmg standards srmilar to those m the 
screenmg tool as determmed by the commission, the Umted States Department of 
Commerce, Economic Development Admmistration's economic distress cnteria or 
the Umted States Department of Energy's energy disadvantaged commumty 
criteria, and certified busmesses, 
(2) Provide commumty benefits, as determmed preconstruct10n through 
consultat10n with federally recogmzed Indian tribes, a stakeholder engagement 
process that mcludes disadvantaged commumties, as described m subparagraph 
(1), and mvestments m fishmg commumties, 
(3) Provide fmancial contribut10ns or techmcal assistance to support research, 
momtormg and mitigation of rmpacts to wildlife, fisheries and habitats and the 
mmrmizat10n of envrronmental rmpacts from the floatmg extratemtorial wmd 
pr01ect and related transmission and mterconnect1on mfrastructure, 
(4) Include negotiated workforce agreements mcludmg pro1ect labor agreements 
and labor peace agreements with labor orgamzations for manufacturmg, 
construction, renovation, reconstruction, alterat10n, mstallat10n, demolition, 
expansion, mamtenance and reparr and surface transportation, 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A" to S P 766, L D 1895 
(5) Have generation facilities located outside of Lobster Management Area 1, 
( 6) Effectively use ports and other mfrastructure ill this State, 
(7) Max1mize the hirillg of residents of this State, and 
(8) Provide ratepayer benefits, illCludillg, but not l1mited to, enhanced electric 
reliability, resource adeguacy illCludillg contributillg to reducillg Willter electricity 
price spikes and overall pnce Impacts, av01dance of lille loss and mitigat10n of 
transmiss10n costs to the extent possible 
The commiss10n shall allow the office to review the bids submitted pursuant to this 
subsection The office may provide illput to the commission upon review of the bids, 
which may illClude an assessment as to whether any bids submitted are consistent with 
the goals of the program as described ill section 3407, subsection 1 
G The commission may direct one or more transmission and distribution utihties to 
enter illto long-term contracts for energy, capacity or renewable energy credits from 
floatillg extratemtonal Willd protects selected by the commiss10n ill accordance with 
this subsection 
H If, at the close of a competitive biddillg process conducted under this section, the 
commission determilles that the proposals submitted do not satisfy the requirements of 
paragraph F, the commiss10n shall retect all proposals and shall open a new competitive 
biddillg process under this subsectmn 
I Notwithstandillg Title 5, section 8071, subsection 3, the commiss10n, after 
consultat10n with the office, may establish by rule reasonable fees that bidders must 
submit with proposals for floatillg extratemtonal Willd protects Fees collected 
pursuant to this paragraph must be used for the admillistration of this section Upon 
request of the office, the commission may transfer fees collected ill accordance with 
this paragraph to the office for the admillistratmn of this sectmn 
3. F1shmg commumties mvestment plan reqmrements. A fishillg commumties 
illVestment plan must illclude a plan for ongoillg illVestment ill commercial fishillg 
commumties with a stated annual target rate of illVestment 
A The plan must be designed to 
(1) Support innovation and adaptation ill response to environmental change, 
shiftillg resource economics and changes ill fishillg practices associated with 
offshore Willd development, 
(2) Protect seafood-related workillg waterfront illfrastructure, 
(3) Assist persons fishillg commercially at an entry level, and 
(4) Assist persons fishmg commercially seekillg to provide the responsible entity 
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with offshore services 
7 
B Investment strategies withm the plan may mclude, but are not limited to, subsidizillg 
8 
commercial lendillg mterest rates, loan guarantees and fundillg state programs or grant 
programs to support persons fishillg commercially and fishillg-related busillesses and 
entitles established to provide support services to the fishillg illdustry 
C The plan must identify admimstration costs separately from the annual target rate of 
illVestment 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT"~ "to SP 766, L D 1895 
D The plan must mclude a reqmrement that the responsible entity convene an advisory 
body made up of representatives, which may mclude, but are not hm1ted to, 
representatives from the fishmg mdustry and fishmg commumty, the Department of 
Marme Resources, relevant commercial lendmg mst1tut1ons, a person appomted by the 
responsible entity to serve as the liaison to the fishmg commumty and other relevant 
persons or ent1t1es The advisory body must momtor mvestment plan performance 
agamst the annual target, momtor effectiveness of mvestment strategies and 1dent1fy 
opportumtles for 1mprovmg fishenes and fishmg commumt1es through plan 
mvestment 
4. Fundmg. N otw1thstandmg section 116, subsection 4, upon rece1vmg a wntten 
request from the office, the comm1ss1on may provide reasonable fundmg to the office for 
the purposes of Implementmg the requrrements of this sect10n 
5. Rulemakmg; protective orders The comm1ss10n shall adopt rules to implement 
this section Rules adopted under this subsect10n are routme techmcal rules pursuant to 
Title 5, chapter 375, subchapter 2-A The rules must mclude procedures for momtormg, 
measurmg and enforcmg ongomg compliance by responsible ent1t1es with the requrrements 
of this sect10n 
A The rules must requrre the responsible entity to provide biannual reports to the 
comm1ss10n regardmg its compliance with the plans submitted as part of its bid under 
subsection 2 The rules must requrre a report submitted by the responsible entity to 
exclude personally 1dentifymg mformat10n to the greatest extent practicable If the 
report mcludes confidential or propnetary mformat1on, trade secrets or similar matters 
as provided by the Mame Rules of Civil Procedure, Rule 26(c), the commission may 
issue appropnate protective orders m accordance with sect10n 1311-A with respect to 
those port10ns of the report and shall make available to the pubhc an appropnately 
redacted copy of the report The comm1ss1on shall provide the office the redacted copy, 
which the office shall post on the office's publicly accessible website 
B The comm1ss1on shall establish by rule a process for the review, m coordmat10n 
with the office, of the biannual reports provided by the responsible entity and a 
mechanism for pubhc part1c1pat10n regardmg the contents of the report 
Sec. 10. 35-A MRSA §3409 1s enacted to read 
§3409 Offshore wmd transm1ss1on 
The comm1ss10n, m coordmat10n with the office, shall seek to advance reg10nal 
transmiss10n solutions to mterconnect offshore wmd with transmission and distribut10n 
utlht1es, other New England states or entities and the mdependent system operator of the 
New England bulk power system or a successor organ1zat10n 
1. Transm1ss1on sobc1tat10n and procurement. The comm1ss10n may conduct one or 
more compet1t1ve sohcitat10ns for proposals for the development and construct10n of 
offshore wmd energy transm1ss1on pro1ects or other electric mfrastructure pro1ects to 
fac1htate offshore wmd energy development and approve contracts for such pro1ects m 
accordance with this section 
A In developmg a solicitation and approvmg a contract under this sect10n, the 
comm1ss1on shall 
COMMITTEE AMENDMENT 
ROS 
COMMTITEE AMENDMENT "A" to S P 766, L D 1895 
(1) Consider the amount of transmiss10n capacity needed to mamtam or improve 
electric system rehabihty, 
(2) Av01d unnecessary costs to upgrade the existmg transmission grid, 
(3) Seek to achieve the greenhouse gas emissions reduction obligations and clrmate 
policies under Title 38, section 576-A and Title 38, section 577, subsection 1 and 
renewable energy goals under section 3210, subsect10n 1-A, 
(4) Pursue demonstrable benefits for electric ratepayers, and 
(5) Encourage pro1ects that avoid, mmrmize or mitigate rmpacts to wildlife, the 
environment, fisheries, fishmg activities or tribal burial and archeological sites, 
whether submerged or on land 
B The commission shall coordmate with the office and may coordmate with other 
entities, mcludmg, but not lrmited to, transmission and distribution utilities, other New 
England states and the mdependent system operator of the New England bulk power 
system or a successor orgamzation m the solicitation and selection of proposals under 
this section 
C The commiss10n may host conferences with prospective bidders m advance of 
issumg sohcitat10ns under this section 
D A responsible entity may submit a proposal m response to a sohcitat10n conducted 
under this section as long as the transmission service proposal provides for 
transmission service for more than one offshore wmd power pro1ect 
E The commission may consider proposals that mclude, but are not lrmited to, 
upgradmg the existmg grid, extendmg the grid closer to offshore wmd power pro1ects, 
determmmg or upgradmg optrmal landfall approaches or mterconnectmg between 
offshore substations 
F The commiss10n may select one proposal, multiple proposals or no proposals 
G The commission may select proposals that mclude federal fundmg m the form of a 
match, grant or loan or through ownership and operat10n by the Federal Government 
cost sharmg among states or recovery of transmission costs through federal 
transmiss10n rates 
H The commiss10n may modify a solicitation under this section. prior to selectmg any 
proposal, m order to satisfy federal ehgibihty criteria 
2. Rules. The commission may adopt rules to rmplement this section Rules adopted 
3 
under this subsection are routme techmcal rules pursuant to Title 5, chapter 3 7 5, subchapter 
2-A 
Sec. 11. 35-A MRSA §3453-A, sub-§3, 1A, as enacted by PL 2015, c 265, §8 
6 
and affected by § 10, is amended to read 
A Will not have an unreasonable adverse effect on the State's ability to meet the state 
8 
goals for wmd energy development m proximate federal waters m sect10n 3404, 
subsection 2, paragraph C, and 
Sec. 12. 36 MRSA §191, sub-§2, 1sss is enacted to read 
COMMITTEE AMENDMENT 
Ros 
COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
SSS 
The disclosure to the 10mt standmg committee of the Legislature havmg 
mnsd1ct1on over taxation matters pursuant to sect10n 6911, subsection 5, paragraph A 
of the revenue loss attributable to each taxpayer cla1mmg the tax credit for guahfymg 
offshore wmd power pro1ects provided under that sect10n, regardless of the number of 
persons ehg1ble for the credit 
Sec. 13. 36 MRSA §191, sub-§2, WTT 1s enacted to read 
TTT The disclosure of mformation to the Department of Economic and Commumty 
Development necessary for the admm1strat1on of the tax credit for quahfymg offshore 
wmd power pro1ects pursuant to sect10n 6911, subsect10n 5, paragraph B 
Sec. 14. 36 MRSA c. 919-B 1s enacted to read 
CHAPTER 919-B 
FISIIlNG COMMUNITY PROTECTION TAX INCENTIVE 
§6911. F1shmg commumty protectmn tax mcentive 
1. Defimtions. As used m this sect10n, unless the context otherwise md1cates, the 
followmg terms have the followmg meanmgs 
A "Certified apphcant" means a guahfied apphcant that has received a certificate of 
approval from the comm1ss10ner pursuant to this section 
B 
"Comm1ss10ner" means the Comm1ss1oner of Economic and Community 
Development 
C "Employees based m this State" means employees that perform more than 50% of 
employee-related activities for the employer or its contractors or subcontractors m this 
State 
D "Full-time" means an average of 3 6 hours weekly durmg the penod of measurement 
E "Offshore wmd power pr01ect" has the same meanmg as m Title 35-A, section 3405, 
subsection 1, paragraph C 
F "Lobster Management Area l" means the area defmed by rule as Lobster 
Management Area 1 by the Department of Manne Resources 
G "Ouahfied apphcant" means an apphcant that, at the time an apphcat10n for a 
certificate of approval 1s submitted, satisfies all of the followmg cnter1a 
(l) The apphcant has developed or mtends to develop an offshore wmd power 
pro1ect for which the generation fac1ht1es are located outside of Lobster 
Management Area 1, and 
(2) The apphcant employs or demonstrates plans to employ at least 500 full-t1me 
employees based m this State 
H "Ouahfied mvestment" means an mvestment to design, permit, construct, modify, 
or eqmp the applicant's offshore wmd power pro1ect The mvestments and actlv1t1es of 
a guahfied apphcant and other ent1t1es that are members of the guahfied apphcant's 
umtary busmess must be aggregated to determme whether a quahfied mvestment has 
COMMITTEE AMENDMENT 
ROS 
-20 
CO"MMITTEE AMENDMENf "A" to SP 766, L D 1895 
been made A qualified mvestment does not mclude an mvestment made pnor to the 
issuance of a certificate of approval or after December 31, 203 5 
2. Pubhc pohcy ob1ectives. The public policy ob1ectives of the credit provided under 
this sect10n are 
A To mcent1vize s1tmg offshore wmd power pro1ects m areas outside of those that 
represent the ma10nty of effort by the lobster mdustry m the northeast region and this 
State's other s1gmficant commercial fishenes ma manner that avoids, mmim1zes and 
compensates for Impacts to wildlife, habitat, fishenes and coastal commumt1es m the 
Gulf of Mame, 
B To protect ratepayers from any add1t1onal costs associated with the s1tmg ob1ectives 
m paragraph A, and 
C To mcrease this State's competitiveness m securmg offshore wmd power pr01ects 
and rece1vmg the associated cl1mate and economic benefits 
3. Procedures for apphcation; certificate of approval. The prov1s10ns of this 
subsection govern the procedures for prov1dmg for and o btammg a certificate of approval 
A A qualified applicant may apply to the comm1ss10ner for a certificate of approval 
An applicant shall submit to the comm1ss1oner mformation demonstratmg that the 
applicant 1s a qualified applicant If a certified applicant undertakes to make an 
add1t10nal qualified mvestment, the certified applicant may apply to the comm1ss10ner 
for an add1t1onal certificate of approval 
B The comm1ss1oner, w1thm 60 days of receipt of an application submitted pursuant 
to paragraph A, shall determme whether the applicant 1s a qualified applicant and shall 
issue either a certificate of approval or a wntten demal md1catmg why the applicant 1s 
not qualified The certificate issued by the comm1ss10ner must descnbe the qualified 
mvestment and specify the total amount of the qualified mvestment approved under the 
certificate The comm1ss10ner may not issue more than 3 certificates of approval to one 
gualified applicant 
C Upon issuance of a certificate of complet10n m accordance with this subsection, the 
comm1ss1oner shall issue, on behalf of the State, a memorandum to the qualified 
applicant descnbmg the benefits provided by this section at the t1me the certificate of 
completion 1s issued The memorandum must provide that the certificate of complet10n 
does not proh1b1t the comm1ss10ner from revokmg a certificate m accordance with 
paragraph E and does not proh1b1t the assessor from assessmg and collectmg an 
overpaid benefit m accordance with the prov1S1ons of this Title 
D A certified applicant shall obtam approval from the comm1ss10ner to transfer the 
certificate of approval or, 1f the certified applicant has obtamed a certificate of 
completion, that certificate of completion to another person A certificate of approval 
or certificate of completion may be transferred only 1f all or substantially all of the 
assets of the certified applicant are, or will be, transferred to that person or 1f 50% or 
more of the certified applicant's votmg stock 1s, or will be, acgurred by that person The 
comm1ss1oner shall approve the transfer of the certificate of approval or the certificate 
of completion only 1f at least one of the followmg cond1t1ons 1s satisfied 
(1) The transferee 1s a member of the applicant's umtary affiliated group at the time 
of the transfer, or 
COMMITTEE AMENDMENT 
Ros 
COMMITTEE AMENDMENT "A "to S P 766, L D 1895 
(2) The comnuss1oner finds that the transferee will, and has the capacity to, 
mamtam operations of the offshore wmd power pro1ect ma manner that meets the 
mm11num quahficat1ons for contmued ehg1b1hty of benefits under this sect10n after 
the transfer occurs 
If the comm1ss1oner approves the transfer of the certificate, the transferee, from the 
date of the transfer, must be treated as the certified applicant and as eligible to cla1m 
any remammg benefit under the certificate of approval or the certificate of completion 
that has not been previously cla11ned by the transferor as long as the transferee meets 
the same elig1b1lity requirements and conditions for the credit as applied to the ongmal 
certified apphcant 
E The comm1ss10ner shall revoke a certificate of approval 1f the certified applicant or 
a person to whom a certificate of approval has been transferred pursuant to paragraph 
D fails to make a guahfied mvestment w1thm 10 years of the date of the certificate of 
approval The comm1ss1oner shall revoke a certificate of approval if the apphcant failed 
to employ at least 500 full-t1me employees based m this State for a 12-month penod 
w1thm 5 years after the date issued The comm1ss1oner shall revoke a certificate of 
approval or a certificate of completion 1f the applicant ceases operations of the offshore 
wmd power protect or the certificate of approval or certificate of complet10n 1s 
transferred to another person without approval from the comm1ss10ner pursuant to 
paragraph D A certified apphcant whose certificate of completion 1s revoked w1thm 5 
years after the date issued shall, w1thm 60 days followmg revocat10n of the certificate, 
return to the State an amount equal to the total credits cla11ned under this section A 
certified applicant whose certificate of completion 1s revoked durmg the penod from 6 
years after through 10 years after the date the certificate was issued shall, w1thm 60 
days followmg revocation of the certificate, return to the State an amount equal to the 
total credits cla11ned under this section for the penod from 6 years after through 10 
years after the date the certificate was issued 
F Upon makmg the qualified mvestment and completmg the offshore wmd power 
pr01ect, a certified apphcant shall submit an apphcation to the comm1ss10ner for a 
certificate of completion If the comm1ss1oner determmes that a qualified mvestment 
has been made and the applicant's offshore wmd generation facility 1s located outside 
Lobster Management Area 1, the comm1ss1oner shall issue a certificate of complet10n 
to the certified apphcant as soon as 1s practical 
4. Tax credit allowed. A guahfied applicant 1s allowed a nonrefundable credit as 
provided m this subsection Begmnmg with the tax year durmg which the certificate of 
approval 1s issued or the tax year beg1nnmg m 2026, whichever 1s later, and for each of the 
7 
followmg 19 tax years, a certified applicant who has been issued a certificate of completion 
8 
1s allowed a credit agamst the sales, mcome, use or other state tax due under this Title for 
the taxable year man amount equal to 2% of the certified applicant's qualified mvestment 
The credit may not exceed $15,000,000 annually 
5. Reportmg regmred. A certified applicant and the comm1ss1oner are required to 
make reports pursuant to this subsection 
A By Apnl 1st of each year, the comm1ss1oner shall report to the 10mt standmg 
committee of the Legislature havmg rnnsd1ct1on over taxation matters aggregate data 
on guahfied mvestment amounts of certified applicants for each year and the State Tax 
COMMITTEE AMENDMENT 
ROS 
IO 
CO"MMITTEE AMENDMENT" A" to SP 766, L D 1895 
Assessor shall report to the connmttee the revenue loss durmg the prev10us calendar 
year as a result of this sect10n for each taxpayer claunmg the credit N otwithstandmg 
any provis10n of law to the contrary, the reports provided under this subsection are 
pubhc records as defmed m Title 1, sect10n 402, subsection 3 
B By Apnl 1st of each year, a certified applicant shall report to the commiss10ner the 
number of full-tnne employees based m this State, the amount of state and local taxes 
paid and the total mvestment m the State The commiss10ner shall make these reports 
available for public mspect10n on a publicly accessible website 
6. Evaluation. The credit provided under this section is sub1ect to ongomg legislative 
review m accordance with Title 3, chapter 3 7 The Office of Program Evaluation and 
Government Accountability shall submit an evaluation of the credit provided under this 
sect10n to the 10mt legislative committee established to oversee program evaluat10n and 
government accountability matters and the 10mt standmg committee of the Legislature 
havmg mnsdiction over taxation matters In developmg evaluat10n parameters to perform 
the review, the office shall consider the public policy ob1ectlves m subsection 2 
Sec. 15. Appropriations and allocations. The followmg appropnations and 
allocations are made 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
DACF Admm1stration 0401 
Imtiative Provides allocations for expenditures related to the centralized technology 
management costs related to one part-tnne Semor Planner position 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
DACF Adm1mstration 0401 
2023-24 
$585 
$585 
2024-25 
$585 
$585 
Imtiative Provides fundmg for centralized technology management costs associated with 
one part-tune Semor Planner posit10n 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Submerged Lands and Island Registry Z241 
2023-24 
$3,292 
$3,292 
2024-25 
$3,292 
$3,292 
Imtlatlve Provides fundmg for one part-tune Semor Planner position and associated All 
Other costs 
GENERAL FUND 
2023-24 
2024-25 
POSITIONS - LEGISLATIVE COUNT 
500 
500 
Personal Services 
$48,217 
$50,870 
All Other 
$3,647 
$3,647 
GENERAL FUND TOTAL 
$51,864 
$54,517 
COMMITTEE AMENDMENT 
ROS 
C01\.1Jv1ITTEE AMENDMENT "A "to SP 766, L D 1895 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
2023-24 
2024-25 
GENERAL FUND 
$55,156 
$57,809 
OTHER SPECIAL REVENUE FUNDS 
$585 
$585 
DEPARTMENT TOTAL-ALL FUNDS 
$55,741 
$58,394 
ECONOlVIIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF 
Busmess Development 0585 
Imtiative Provides one-time funds to update the Salesforce platform to mclude a new tax 
mcentive program 
GENERAL FUND 
2023-24 
2024-25 
All Other 
$35,640 
$0 
GENERAL FUND TOTAL 
$35,640 
$0 
ECONOlVIIC AND COMMUNITY 
DEVELOPMENT, DEPARTMENT OF 
DEPARTMENT TOTALS 
2023-24 
2024-25 
GENERAL FUND 
$35,640 
$0 
DEPARTMENT TOTAL-ALL FUNDS 
$35,640 
$0 
EXECUTIVE DEPARTMENT 
Mame Offshore Wmd Renewable Energy and Economic Development Program 
N471 
Imtiative Provides allocat10n to establish the program 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
All Other 
$500 
$500 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$500 
$500 
EXECUTIVE DEPARTMENT 
DEPARTMENT TOTALS 
2023-24 
2024-25 
OTHER SPECIAL REVENUE FUNDS 
$500 
$500 
DEPARTMENT TOTAL-ALL FUNDS 
$500 
$500 
INLAND FISHERIES AND WILDLIFE, DEPARTMENT OF 
Resource Management Services - Inland Fisheries and WIidiife 0534 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A "to SP 766, L D 1895 
Imtiative Provides fundmg for one Semor Resource B10logist position and associated All 
Other costs 
GENERAL FUND 
2023-24 
2024-25 
POSITIONS - LEGISLATIVE COUNT 
000 
000 
Personal Services 
$70,902 
$99,263 
All Other 
$4,500 
$4,500 
GENERAL FUND TOTAL 
$75,402 
$103,763 
INLAND FISHERIES AND WILDLIFE, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
2023-24 
2024-25 
GENERAL FUND 
$75,402 
$103,763 
DEPARTMENT TOTAL-ALL FUNDS 
$75,402 
$103,763 
PUBLIC UTILITIES COMMISSION 
Public UtJ.hties - Admmistrative Division 0184 
Imtiative Provides allocations for expenditures related to one Staff Attorney position and 
associated All Other costs 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
POSITIONS - LEGISLATIVE COUNT 
000 
000 
Personal Services 
$0 
$165,705 
All Other 
$0 
$15,874 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$181,579 
PUBLIC UTILITIES COMMISSION 
DEPARTMENT TOTALS 
2023-24 
2024-25 
OTHER SPECIAL REVENUE FUNDS 
$0 
$181,579 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$181,579 
TREASURER OF STATE, OFFICE OF 
Fish.mg Commumty Protection and Low-mcome Ratepayer Fund N469 
Imtiative Establishes the Fishmg Commumty Protection and Low-mcome Ratepayer Fund 
with a base allocation 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
All Other 
$500 
$500 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$500 
$500 
COMMITTEE AMENDMENT 
ROS 
\ 
COMMITTEE AMENDMENT" A 
"to SP 766, L D 1895 
TREASURER OF STATE, OFFICE OF 
DEPARTMENT TOTALS 
2023-24 
2024-25 
OTHER SPECIAL REVENUE FUNDS 
$500 
$500 
DEPARTMENT TOTAL-ALL FUNDS 
$500 
$500 
SECTION TOTALS 
2023-24 
2024-25 
GENERAL FUND 
$166,198 
$161,572 
OTHER SPECIAL REVENUE FUNDS 
$1,585 
$183,164 
SECTION TOTAL - ALL FUNDS 
$167,783 
$344,736 
Amend the bill by relettenng or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill It does the followmg 
It establishes the Mame Offshore Wmd Renewable Energy and Economic 
Development Program to be admm1stered by the Governor's Energy Office m collaboration 
with the Public Utilities Comm1ss1on 
It updates the State's wmd energy generation goals 
It directs the Governor's Energy Office to establish a schedule for competitive 
solic1tat1ons and prepare requests for proposals for the development and construction of 
floatmg extratemtonal wmd projects to meet the goals of the Mame Offshore Wmd 
Renewable Energy and Economic Development Program The Public Utilities Comm1ss10n 
must review the request for proposals and, upon fmdmg that the request for proposals 1s 
reasonably likely to attract competitive bids, issue the request for proposals The 
comm1ss1on must issue the first request for proposals no later than January 15, 2026, and 
each solic1tat1on must seek proposals for not less than approXImately 600 megawatts of 
nameplate capacity or projects of sufficient size to enable cost-competitive commercial 
scale development of floatmg extratemtonal wmd projects A solicitation developed m 
coordmat1on with other states or entities may seek proposals for projects with a nameplate 
capacity ofless than 600 megawatts if the coordmated solic1tat1on 1s man aggregate amount 
sufficient to enable cost-compet1t1ve commercial-scale development 
It provides that, m conductmg a solic1tat1on and selectmg floatmg extraterr1tonal 
wmd projects for contracts, the comm1ss1on 1s required to select projects that result m 
contracts that are cost-effective to electric ratepayers over the term of the contract and must 
give greater pnonty to projects that are eligible and mtend to apply for grants from the 
F1shmg Commumty Protection and Low-mcome Ratepayer Fund, established m the 
amendment The comm1ss10n must give secondary pnonty to projects that provide certam 
identified benefits The solic1tat1on must specify bidder cntena, mcludmg the subm1ss10n 
of plans addressmg stakeholder engagement, economic and commumty benefits, d1vers1ty, 
COMMITTEE AMENDMENT 
ROS 
COMMITIBEAMENDMENT"A"to SP 766,LD 1895 
equity and mclus10n m employment and contractmg for the project, fishenes research, 
momtormg and m1tlgat10n, and envrronmental and w1ldhfe research The cntena must also 
requrre the subm1ss1on of a fishmg commumttes mvestment plan, payment of an amount 
equal to $10,000 per megawatt of capacity to the Offshore Wmd Research Consortmm 
Fund and fmanc1al and techmcal assistance necessary to tmplement the required plans A 
sohc1tat10n must be made available for pubhc comment pnor to issuance 
It provides that an apphcat1on for a submerged lands lease or easement m connection 
with an offshore wmd power project selected for a contract must be charged an annual 
operatmg fee based on the electr1c1ty generated usmg a certam federal formula It also 
requrres the apphcant to demonstrate that 1t has fully executed or will execute a labor peace 
agreement with a bona fide labor orgamzatton that actively represents or seeks to represent 
employees workmg for and prov1dmg services m connect10n with the offshore wmd power 
project 
It provides that when the Shore and Harbor Management Fund expends money for 
the purpose of constructmg improvements m connect10n with an offshore wmd power 
project selected for a contract, the grant of any such funds must be cond1ttoned upon the 
rec1p1ent's agreement to conform to the requirements apphcable to assisted projects under 
the Mame Revised Statutes, Title 26, chapter 15 It also amends Title 26, chapter 15 to 
clanfy that such projects are considered assisted projects for purposes of that chapter 
It authonzes the comm1ss1on to conduct one or more competitive sohc1tat1ons for 
proposals for the development and construct10n of offshore wmd energy transm1ss10n 
projects or other electric mfrastructure projects to fac1htate offshore wmd energy 
development 
It estabhshes the F1shmg Commumt1es Protection and Low-mcome Ratepayer Fund 
w1thm the Office of the Treasurer of State to be funded by submerged lands operatmg fee 
payments, any funds appropnated from the General Fund and funds from other sources 
It adds members to the Offshore Wmd Research Consortmm advisory board and 
updates the fundmg source for the Offshore W md Research Consortmm Fund to mclude 
payments from extraterntonal wmd projects 
It creates the fishmg commumty protection tax mcenttve, which allows an apphcant 
that has been issued a certificate of complet10n to receive a credit agamst sales, mcome, 
use or other state tax due an amount equal to 2% of the certified applicant's qualified 
mvestment m offshore wmd power projects, not to exceed $15 mtlhon annually 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/21/23 ;:k?ae. 
LD 1895 
LR 741(02) 
An Act Regardmg the Procurement of Energy from Offshore Wmd Resources 
Fiscal Note for BIil as Amended by ColD1lllttee Amendment 'PJ( S· L(~ 
Committee: Energy, Utiht1es and Technology 
Net Cost (Savmgs) 
General Fund 
~ .i ppropr1ahons/ Allocations 
\ 
General Fund 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Reqmred: Yes 
Fiscal Note 
FY 2023-24 
$166,198 
$166,198 
$1,585 
$0 
FY 2024-25 
$161,572 
$161,572 
$183,164 
$181,579 
ProJections 
FY 2025-26 
$289,662 
$289,662 
$191,449 
$189,864 
Pro1ect1ons 
FY 2026-27 
$305,116 
$305,116 
$200,149 
$198,564 
This bill establishes the Mame Offshore Wmd Renewable Energy and Econormc Development (OWRE) Program 
withm the Governor's Energy Office (GEO) to be adimmstered m collaborat10n with the Pubhc Utthttes C01mmss10n 
(PUC) The Department of Manne Resources (DMR) and the Department of Inland Fishenes and Wildlife (IFW) are 
added to the already established Offshore Wmd Research Consortmm withm the GEO 
The GEO will coordmate with the PUC to estabhsh fees that bidders must submit to the PUC with proposals for 
floatmg wmd projects Upon the request of the GEO, these fees may be transferred from the PUC to fund the GEO's 
costs of adimmstenng the OWRE program The bill mcludes ongomg General Fund appropnations to the Departtnent 
of Inland Fishenes and Wildhfe of $75,402 m fiscal year 2023-24 and $103,763 m fiscal year 2024-25 for one Semor 
Resource Biologist posit10n and associated All Other costs The bill mcludes Other Special Revenue Funds allocat10ns 
to the PUC of $181,579 begmmng m fiscal year 2024-25 for one Staff Attorney posit10n and associated All Other 
costs The Department ofMarme Resources will reqmre ongomg General Fund appropnations of $120,583 begmmng 
m fiscal year 2025-26 for one Resource Management Coordmator posit10n and associated All Other costs 
OHS- Lf W) 
The bill 111cludes ongo111g General Fund appropnat10ns of $55,156 and allocations of$585 to the Department of 
Agnculture, Conservat10n and Forestry(ACF) beg111n111g 111 fiscal year 2023-24 for one part-time Semor Planner 
posit10n and associated costs 
The bill establishes the Fish111g Community Protect10n and Low-Income Ratepayer Fund with111 the Office of the 
Treasurer with a base Other Special Revenue Funds allocat10n of $500 beg111n111g 111 fiscal year 2023-24 
The btll establishes the Fish111g Commumty Protect10n Tax Incentive program and reqmres the Department of 
Economic and Commumty Development to adm111ster program applicat10n procedures and certificates of approval 
The btll 111cludes a one-time General Fund appropnat10n of $35,640 111 fiscal year 2023-24 to the Bus111ess 
Development program with111 the department to update the salesforce platform to 111clude a new tax 111centive program 
The Fish111g Commumty Protect10n Tax Incentive program will provide nonrefundable tax credits for qualified 
111vestment 111 offshore w111d power projects The language 111 the bill does not provide sufficient clanty to develop 
exact estimates of the unpact of the program on tax revenues or the costs to the Department of Adm111istrative and 
F111ancial Services, Bureau of Revenue Services to admimster the tax credits Adm111istrative costs to both the mcome 
tax and sales tax divis10ns of the Bureau of Revenue Services are expected to be substantial The first revenue 
decrease would occur 111 fiscal year 2026-27, reflect111g a port10n of tax year 2026 credits, and is anticipated to be 111 
the range of $5 million to $10 million There would also be a correspond111g decrease 111 Local Government Fund 
revenue of 5% of the decrease 111 sales and 111come tax revenue 
\ 
Addit10nal costs to the Department of Transportat10n associated with coord111atmg and collaboratmg with the GEO on 
the new program can be absorbed withm exist111g budgeted resources 
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