An Act Regardmg Port Facilities Relatmg to Offshore Wmd Power ProJects
Maine Legislature, Session 131, LD 1818
Committee Amendment CA_A_S206 (Senate)
Amends: 35-A MRSA §3407, 38 MRSA §480-D, 38 MRSA §482, 38 MRSA §484

COMMITTEE AMENDMENT"(/ "to S P 733, L D 1818, "An Act Regardmg Port 
Facilities Relatmg to Offshore Wmd Power ProJects" 
Amend the bill by stnkmg out the title and substitutmg the followmg 
'An Act Regardmg Port Facihties Relatmg to Offshore Wind Power ProJects and to 
Modify the Visual Impact Standards for Offshore Wmd Energy Development' 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 1 m paragraph B m the 
3rd lme (page 1, lme 14 m L D) by msertmg after the followmg "employees" the 
followmg 'at the work site' 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 1 m paragraph B m the 
4th lme (page 1, lme 15 m L D) by stnkmg out the followmg "with the" and msertmg the 
followmg 'with that labor orgamzation's' 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 3 m paragraph C m the 
last lme (page 2, lme 9 m L D ) by msertmg after the followmg "~" the followmg 
'workforce diversity, eqmty and mst transit10n plan and workforce' 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 4 m the first lme (page 
2, lme 15 m L D ) by stnkmg out the followmg "Development" and msertmg the 
followmg 'Workforce diversity, egmty and JUSt transit10n plan regmrements; 
workforce development' 
7 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 4 m paragraph A m 
subparagraph (1) m the 4th hne (page 2, lme 21 m L D) by msertmg after the followmg 
"recogmzed" the followmg 'or state-acknowledged' 
0 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 4 m paragraph B m the 
last lme (page 2, lme 32 m L D ) by stnkmg out the followmg "the supply cham" and 
msertmg the followmg 'supply cham mvestments' 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 4 m paragraph C m the 
first lme (page 2, lme 33 m L D ) by msertmg after the followmg "engage" the followmg 
'highly' 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" /4" to SP 733, L D 18I 8 ( S,-2~ 
Amend the bill m sect10n 1 m sub-c 3 m §4441 m subsect10n 4 m paragraph C m 
subparagraph (1) m the last 2 Imes (page 2, Imes 36 and 37 m L D) by stnkmg out the 
followmg 
"the Mame Apprent1cesh1p Program" 
and msertmg the followmg 
'apprenticeship and preapprent1cesh1p programs' 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 4 m paragraph C m 
subparagraph (2) m the first hne (page 2, hne 3 8 m L D ) by msertmg after the followmg 
11.§:
the followmg 'more' 
Amend the bill m section 1 m sub-c 3 m §4441 m subsection 4 m paragraph C by 
stnkmg out all of subparagraph (3) (page 2, Imes 40 to 43 m L D ) and msertmg the 
followmg 
'(3) A descnpt10n of how the responsible entity mtends to deliver savmgs to 
ratepayers and overall pro1ect costs by prov1dmg 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 effic1enc1es, and' 
Amend the bill by msertmg after section 1 the followmg 
'Sec. 2. 35-A MRSA §3407 1s enacted to read 
§3407 Determmatmn of effect on scemc character and related eustmg uses 
1. Defimt1ons. As used m this sect10n, unless the context otherwise md1cates, the 
followmg terms have the followmg meanmgs 
A "Associated fac1hties" means elements of an offshore wmd termmal other than the 
quay, fixed and mobile cranes, offshore wmd foundat10ns and wmd turbme generators, 
that are necessary to the proper operat10n and mamtenance of the offshore wmd 
termmal, mcludmg but not hm1ted to bmldmgs, access roads and laydown areas 
B "Best practical m1t1gat1on" 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 impacts "Best practical m1t1gat10n" may mclude, but 1s not 
hm1ted to, turbme and blade coloration to reduce visual impacts and atrcraft detect10n 
technologies to reduce the need for atrcraft hazard wammg hghtmg 
C "Department" means the Department of Envtronmental Protection 
D "Offshore wmd termmal" means a port facility used for fab11catmg floatmg offshore 
wmd turbme foundat10ns, 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 termmal" mcludes a quay 
with berths to accommodate the assembly of wmd turbme generators and offshore wmd 
component dehvery vessels, an upland laydown area for foundation fabncat1on and 
storage of wmd turbme generator components, fabncat10n fac1httes, fixed and mobile 
cranes, associated fac1httes and termmal offices and access roads 
2. Apphcat1on of standard. This subsection governs the department's or the Mame 
Land Use Planmng Comm1ss1on's makmg findmgs regardmg the effect ofan offshore wmd 
termmal on scemc or natural character and ex1stmg uses related to scemc character pursuant 
to Title 12, section 685-B, subsection 4, paragraph C, Title 38, sect10n 480-D, or Title 38, 
section 484, subsection 3 An offshore wmd termmal protect must mm1m1ze the adverse 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "tJ " to S P 733, L D 1818 { S,--2cJ.g._) 
effect on scemc character and existmg uses related to scemc character to the maximum 
extent practicable and use best practical mitigation to control and reduce visual and scemc 
impacts Except as otherwise provided m subsection 3, determmat10n that an offshore wmd 
termmal fits harmomously mto the existmg natural environment m terms of potential 
effects on scemc or natural character and ex1stmg uses related to scemc character 1s not 
reqmred for approval under Title 12, section 685-B, subsect10n 4, Title 38, section 480-D, 
or Title 3 8, section 484 
3. Exception to standard; certam associated fac1ht1es. The department, or m the 
case of certification under Title 38, chapter 3, subchapter 1, article 6 the Mame Land Use 
Planmng Commiss10n, shall evaluate the effect of associated facilities of an offshore wmd 
termmal m terms of potential effects on scemc character and existmg uses related to scemc 
character m accordance with Title 12, section 685-B, subsect10n 4, paragraph C, Title 38, 
section 480-D, or Title 38, section 484, subsection 3, m the manner provided for 
development other than offshore wmd termmal development 
4. L1m1tat1on on number of offshore wmd termmals The department may not 
approve permits under Title 38, sect10n 480-D or Title 38, sect10n 484 f01 more than 4 
offshore wmd termmals If a permit approved under Title 3 8, sect10n 480-D or Title 3 8, 
section 484 exptres, is surrendered or is revoked pnor to construction of an offshore wmd 
termmal, the department may approve a permit under those sect10ns for another offshore 
wmd termmal ' 
Amend the bill by stnkmg out all of section 4 and msertmg the followmg 
'Sec. 4. 38 MRSA §480-D, sub-§1, as amended by PL 2009, c 615, Pt E, §8, 1s 
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 1, 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, section 3407 
Sec. 5. 38 MRSA §482, sub-§2, 1F, as amended by PL 2009, c 615, Pt E, §14, is 
further amended to read 
F Is an 011 termmal facility as defmed m this section, er 
Sec. 6. 38 MRSA §482, sub-§2, ,J, as enacted by PL 2009, c 615, Pt E, §15, 1s 
amended to read 
J 
Is an offshore wmd power project with an aggregate generatmg capacity of 3 
megawatts or more-.s...m: 
Sec. 7. 38 MRSA §482, sub-§2, ~ 
1s enacted to read 
K Is an offshore wmd termmal as defined m Title 35-A, section 3407, subsection l, 
paragraph D 
Sec. 8. 38 MRSA §484, sub-§3, ,J 1s enacted to read 
J In makmg a determmatlon under this subsection regardmg an offshore wmd termmal 
as defined m Title 35-A, sect10n 3407, subsect10n 1, paragraph D, the department shall 
consider the termmal's effects on scemc character and ex1stmg uses related to scemc 
character m accordance with Title 35-A, section 3407 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT"/}-" to S P 733, L D 1818 {St, ti) I.JJ) 
Sec. 9. 
Federal fundmg. 
The Department of Environmental Protection, 111 
consultat10n and coordmatton with the Department of Inland Fisheries and Wildlife, the 
Department of Manne Resources, the Department of Transportation and the Mame Port 
Authority, 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 construct10n 
of port fac1httes to support an offshore wmd power project and to restore or enhance climate 
resilience and b1od1vers1ty 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 fac1hty 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 maritime vessels ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment 1s the majonty report of the committee The amendment reqmres that 
the Mame Port Authority or the agency responsible for grantmg the lease of a port fac1hty 
owned or operated by the State must reqmre as a condition of the lease as part of its reqmred 
plan a descnpt10n of how the responsible entity mtends to dehver savmgs to ratepayers and 
overall project costs by prov1dmg labor harmony, access to a steady supply of skilled labor 
and mfrastructure and schedulmg effic1enc1es 
The amendment also estabhshes a new type of port development used for fabncatmg 
offshore wmd turbmes called an offshore wmd termmal It estabhshes a visual impact 
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 prov1s10ns 
of law govemmg site location of development The amendment 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, impacts related to 
scemc character and extstmg uses related to scemc character are governed by the new vISual 
impact standard 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
) 
Approved 06/06/23 ~ae 
LD 1818 
LR 1358(02) 
An Act Regardmg Port Facilities Relatmg to Offshore Wind Power Projects 
Fiscal Note for Bill as Amended by Committee Amendment '/t ''l 45 .... Zot,..._,) 
Committee: Labor and Housmg 
Fiscal DetaII and Notes 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Potential current bienmum cost mcrease - Highway Fund 
Potential current bienmum cost mcrease - Federal Expenditures Funds 
This bill requires that an offshore wmd powei project that mvolves the lease of a port facility 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 hm1ted to 
employees mvolved m manufactunng, fabncat10n, operat10n, mamtenance, decommiss10nmg or mant1me access, the 
1mplementat10n of a development plan that mcludes specific plans for recru1tmg and employmg a diverse workforce 
and the development and 1mplementat10n of a plan for ensunng the use, to the extent practical, of zero-emission port 
equipment 01 technology 
Requmng project labor agreements for pubhc port faciht1es constructed or leased to serve offshore wmd power 
projects and development plans that ensure collaborat10n and recruitment withm the trade and labor umons may hm1t 
the number of contractors able to bid on any offshore wmd power projects Requmng the use of zero-emiss10n port 
eqmpment and technology may lnmt the number of suppliers who can offer such eqmpment How these hmitat10ns 
will impact the cost of such projects gomg forward cannot be detennmed at this tune and will depend on the 
comparative rates of labor, umon versus nonumon, and vanous costs of development that will be proposed at the time 
of each proJ ect 
LR1358(02) - Fiscal Note - Page 1 of 1