An Act Regardmg the Procurement o~Energy from Offshore W md Resources I
Maine Legislature, Session 131, LD 1895
Committee Amendment CA_A_SA_A_S503 (Senate)
Amends: 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 §3410, 35-A MRSA §3451, 35-A MRSA §3453-A, 38 MRSA §480-D, 38 MRSA §482, 38 MRSA §484

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FIRST SPECIAL '1SESSION 
SENATE AMENDMENT" f/ "to COl\1MlffEE AMENDi\IBNT "A" to SP 766, 
L D 1895, "An Act Regardmg the Procurement o~Energy from Offshore W md Resources" 
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Amend the amendment by strikmg out everythmg after the first mstructional paragraph 
and msertmg the followmg 
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'Sec.1. 23 MRSA c. 412, sub-c. 3 1s enacted to read 
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SUBCHAPTER 3 
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PORT FACILITIES RELATJNG TO OFFSHORE WIND POWER PROJECTS 
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§4441. Port fac1bty-related regmrements 
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1. Defimtmns. As used m this subchapter, unless the context otherwise mdicates, the 
followmg terms have the followmg meanmgs 
A "Offshore wmd power pro1ect" has the same meanmg as m Title 35-A, section 3405, 
subsection I, paragraph C 
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"Offshore wmd termmal" has the same meanmg asl m Title 35-A, section 3410, 
subsection 1, paragraph D 
C "Public authority" has the same meanmg as m Title 26, section 1304, subsection 7 
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D "Public work" has the same meanmg as m Title 26, section 1304, subsection 8 
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2. Pubhc works; offshore wmd termmals; agreements. Notwithstandmg Title 26, 
section 3601, 1f an offshore wmd tenmnal that 1s a pubhc work 1s constructed or altered for 
the pUl]?OSe of supportmg an offshore wmd power pr01ect, the pubhc authority responsible 
for the construction or alteration shall require agreetnents that comply with 29 Umted States 
Code, Section 158(£) or Title 35-A, section 3408, subsection 3 for all construction work 
3. Public-private partnership; agreements. If an offshore wmd power pro1ect 
mvolves a public-private partnership that mcludes' the lease of an offshore wmd termmal 
owned or operated by the State, mcludmg any port :facility owned or operated by the Mame 
Port Authority, the department, authority or other agency responsible for grantmg the lease 
shall require agreements that comply with 29 Umted States Code, Section 158(±) or Title 
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SENATE AMENDMENT 
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SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
35-A, section 3408, subsection 3 as a condit10n of the lease for all on-site construction and 
fabricat10n of materials for the offshore wmd power pro1ect 
Sec. 2. 35-A MRSA §3401-A is enacted to read 
§3401-A. Defimtions 
As used m this chapter, unless the context otherwise mdicates, the followmg terms 
forve the followmg meanmgs 
Apprentice. "Apprentice" has the same meanmg as m Title 26, section 3201, 
subsection 1 
2. Certified busmess. "Certified busmess" means a busmess that has been certified by 
the federal Small Busmess Admm1strat1on or another appropriate entity, as determmed by 
the comm1ss1on by rule, as a mmority-owned, veteran-owned or women-owned busmess 
3. Commumty and workforce enhancement standards. "Commumty and workforce 
enhancement standards" means the standards descnbed m section 3408, subsect10n 3 that 
contractors and subcontractors responsible for construction work and md1v1duals 
performmg construct10n work must meet 
4. Construction work. "Construction work" means the construction, alteration or 
remodelmg of a structure and any work d1rectly related to the construction, alterat10n or 
remodelmg of a structure, mcludmg, but not hm1ted to, landscapmg and truckmg, but does 
not mclude surveymg or engmeermg or the exammat10n or mspection of a construction 
site 
5. Currently available and qualified employee. "Currently available and qualified 
employee" means an md1v1dual, mcludmg, but not limited to, an apprentice, performmg 
construction work who 
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Is employed by and receives a W-2 form from a contractor or subcontractor 
responsible for construction work and has been employed as a permanent employee by 
that contractor or subcontractor for at least 90 calendar days prior to the 
commencement of that contractor's or subcontractor's work, and 
B Possesses the skills, credentials, cert1ficat10ns or specialized trammg necessary to 
complete the requ1red tasks upon bemg assigned to the construct10n site 
6. Disadvantaged busmess enterprise. "Disadvantaged busmess enterpnse" means a 
business that 1s certified by the Department of Transportat10n m compliance with federal 
regulat10ns under 49 Code of Federal Regulat10ns, Part 26 
7. Fishmg commumty. "F1shmg commumty" means a mumcipality where marme 
orgamsms, as defmed m Title 12, section 6001, subsection 26, are landed or processed 
8. IIIrmg hall. "Hmng hall" means a service provided by a labor orgamzat10n or an 
entrty associated with a labor orgamzat1on that places employees with an employer under 
a collective bargammg agreement or otherwise places employees with employers 
9. Inclusive biddmg standards. "lnclus1ve b1ddmg standards" means a set of 
guidelines to ensure comprehensive engagement and mvolvement of the construction 
mdustry, mcludmg reqmrements that 
A The relevant agency or agencies responsible for awardmg contracts related to the 
construct10n of an offshore wmd power pro1ect make a demonstrated and documented 
SENATE AMENDMENT 
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SENATE AMENDMENT "A" to CO:Ml\tIITTEE AMENDMENT "A" to SP 766, L D 1895 
effort to ensure broad and maxnnum engagement and participation of all mterested 
contractors upon the publication by the agency or agencies of requests for proposals 
surroundmg work on or related to the offshore wmd power pro1ect, and 
B 
All contractors, mcludmg, but not lnnited to, those headquartered m the State, 
regardless of whether their employees are covered under a collective bargammg 
agreement, are eligible and encouraged to bid on and participate m any work related to 
an offshore wmd power pro1ect 
10. Labor orgamzation. "Labor orgamzatlon" has the same meamng as m section 
3210-H, subsection 1, paragraph B 
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11. Lobster Management Area 1. "Lobster Management Area l" means the area 
defmed by rule as Lobster Management Area I by the Department of Marme Resources 
12. Mame emergmg mdustry compensation threshold. "Mame emergmg mdustry 
compensation threshold" means an employment total compensation package that mcludes 
wages, health and welfare benefits, retrrement benefits and any additional employer-paid 
benefits that have a monetary value equal to or greater than that established and m effect 
as a result of a mutual agreement between a labor organization whose local mnsdictlon 
mcludes the county m the State where the work related to an offshore wmd power pr01ect 
is bemg or is to be performed, based on data submitted by that labor orgamzat10n to the 
Department of Labor, and the related and applicable contractors that are signatones to that 
mutual agreement 
13. Nameplate capacity "Nameplate capacity" has the same meanmg as m section 
3481, subsect10n 11 
14. Office. "Office" means the Governor's Energy Office established m Title 2, section 
.2_ 
15. Offshore wmd power pr01ect "Offshore wmd power pro1ect" has the same 
meanmg as m section 3405, subsection 1, paragraph C and mcludes, but is not limited to, 
floatmg offshore wmd power generation facilities 
16. 
Registered apprenticeship program. "Registered apprenticeship program" 
means a plan approved by the Department of Labor or the Umted States Department of 
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Labor contammg all terms and conditions for the gualificat10n, recrmtment, selection, 
employment and trammg of apprentices, mcludmg, but not lnnited to, the requirement for 
an apprenticeship agreement, a schedule of work expenence outlinmg the skills to be 
learned on the 10b, a schedule of related mstructlon courses necessary to supplement on-
the-10b leammg and a schedule of progressively mcreasmg wages to be paid to an 
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apprentice consistent with the skill proficiencies achieved and leadmg toward a 10umeyman 
wage rate 
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17. Responsible entity "Responsible entity" means the person undertakmg to develop 
an offshore wmd power pro1ect 
18. Small busmess. "Small busmess" means a busmess employmg 100 or fewer 
employees 
Sec. 3. 35-A MRSA §3404, sub-§2, as amended by PL 2009, c 615, Pt A, §4, is 
repealed and the followmg enacted m its place 
SENATE AMENDMENT 
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SENATE AMENDMENT" /J "to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
2. State wmd energy generation goal. The State's goal for wmd energy development 
m proxtmate federal waters is for at least 3,000 megawatts of mstalled capacity by 
December 31, 2040 
Begmmng January 1, 2025 and every 2 years thereafter, the office may reevaluate and 
mcrease the goal established by this subsection and report that goal to the 10mt standmg 
committee of the Legislature havmg mnsdiction over energy and utilities matters 
Sec. 4. 35-A MRSA §3406, as enacted by PL 2021, c 407, §3, is amended to read 
§3406. Offshore Wmd Research Consortmm; fund established 
1. Offshore Wmd Research Consortium. The Offshore Wmd Research Consortmm 
is an mitiative of the Goveraor's Energy Offiee office, m collaboration with the Department 
of Manne Resources and the Department of Inland Fishenes and Wddhfe, to coordmate, 
support and arrange for the conduct of research on offshore wmd power projects m the Gulf 
ofMame 
2. Advisory board. The Go,.;eraor's Energy Offiee office, m consultation with 
mdependent scientific 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 tmpacts of floatmg offshore wmd power projects m the Gulf of Mame The 
advisory board must mclude, but is not ltmited to, the followmg members 
A Two mdividuals from orgamzations that represent commercial lobster harvestmg 
mterests m the State, 
B 
At least one mdividual from an orgamzatlon that represents the mterest of 
commercial fishenes other than lobster harvestmg, 
C The Commissioner ofMarme Resources, or the commissioner's designee, 
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The Commissioner of Inland Fishenes and Wildlife, or the commissioner's 
designee, 
D Two mdividuals, not represented by an organization, that represent the mterests of 
the commercial lobster harvestmg mdustry and commercial fisheries m the State, and 
E One mdividual from the recreational charter fishmg mdustry-.,, 
F At least one mdividual who is a member of one of the federally recognized Indian 
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tnbes m this State, 
G Two mdividuals with expertise m marme wildlife and habitats, and 
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At least one mdividual with experience m commercial offshore wmd power 
development 
The advisory board is subject to all apphcable provisions of the Freedom of Access Act 
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The operation of the advisory board must be mformed by the work of regional and national 
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scientific entities 
The advisory board shall solicit mput from stakeholders, mcludmg 
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representatives of the fishmg mdustry, state and federal agencies and scientific experts 
3. Research strategy. The advisory board estabhshed m subsection 2 m developmg 
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a research strategy shall at a mmtmum identify 
A Opportumties and challenges caused by the deployment of floatmg offshore wmd 
power projects to the existmg uses of the Gulf of Mame, 
SENATE AMENDMENT 
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SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
B Methods to av01d and mm1m1Ze the 1mpact of floatmg offshore wmd power projects 
on ecosystems and ex1stmg uses of the Gulf of Mame, and 
C Ways to realize cost effic1enc1es m the commerc1alizat10n of floatmg offshore wmd 
power projects 
The advisory board shall advise the Governor's Energy 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," 1s established as a 
nonlapsmg fund admm1stered by the Go:vemor's Energy Offiee office and the Department 
of Marme Resources and m coordmation with the Department of Inland F1shenes and 
W 1ldlife 
The fund consists of funds that are appropnated by the Legislature, funds 
received from federal and state sources, payments from offshore wmd power pro1ects m 
accordance with section 3408, subsection 1, paragraph D, subparagraph (3) and other funds 
from any public or pnvate source received for use for any of the purposes under this 
subsection 
The source of any funds received from public or pnvate sources must be 
publicly disclosed The fund may be used to support the consortmm and the work of the 
advisory board estabhshed m subsect10n 2, mcludmg for 
A Developmg the research strategy under subsection 3, 
B Conductmg research pursuant to the strategy developed under subsection 3, 
B-1 
Supportmg conservation actions and pr01ects that support species and habitats 
Impacted by offshore wmd power development, 
C Producmg reports or other matenals, 
D 
Compensatmg mdependent experts, 1f needed to assist m the development or 
execut10n of the research strategy under subsection 3, and 
E Makmg any other expenditures that are necessary to achieve the purposes of this 
sect10n 
The Go:vemor's Energy 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 jur1sd1ct1on over energy and utility matters 
Sec. 5. 35-A MRSA §3407 1s enacted to read 
§3407. 
Mame Offshore Wmd Renewable Energy and Economic Development 
Program 
1. Program established. The Mame Offshore Wmd Renewable Energy and Economic 
Development Program, referred to m this sect10n as "the program," 1s established to further 
the development and use of offshore wmd power pro1ects m the Gulf of Mame The office, 
m collaboration with the commission, shall admmister the program m accordance with this 
sect10n and shall ensure that the program 1s designed to advance the greenhouse gas 
em1ss1ons reduction obligations and cl1mate policies of this State under Title 3 8, sect10n 
576-A and Title 38, section 577, the renewable energy goals established m section 3210, 
subsection 1-A and all apphcable workforce development efforts of this State Under the 
program, the office, m collaborat10n with the comm1ss10n, shall 
SENATE AMENDMENT 
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SENATE AMENDMENT"~" to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
A Encourage the responsible development of offshore wmd power pr01ects to stabilize 
energy supply pnces, reduce this State's reliance on tmported fosstl fuels, realize dtrect 
and near-term economic benefits for the people of this State and ensure the 
achievement of this State's wmd energy generation goal established m sect10n 3404, 
subsection 2, 
B Support offshore wmd power pr01ects that result m long-term, family-supportmg 
careers, mcludmg for disadvantaged populations and commumties, 
C Support responsibly sited and operated offshore wmd power pro1ects that avmd or 
mmtmize and compensate for tmpacts to wtldlife, habitat, fishenes and coastal 
commumties m the Gulf of Mame, 
D Support efforts to mcrease understandmg of impacts of offshore wmd power 
pro1ects on the manne environment and to advance research to better understand how 
offshore wmd power pro1ects can coexist with mmtmal tmpact to existmg ocean users, 
wildlife, fishenes and the marme envtronment, 
E Promote d1vers1ty, eqmty and mclus1on m the development of offshore wmd power 
pro1ects with particular considerat10n given to the energy and economic ctrcumstances 
and opportumties m coastal and socially vulnerable commumt1es and for the federally 
recogmzed Indian tnbes m this State For the purposes of this paragraph, "socially 
vulnerable commumt1es" means those commumties contammg populations that are 
disproportionately burdened by existmg social meqmties or lack the capacity to 
withstand new or worsemng burdens, 
F Support the advancement of port mfrastructure, local offshore wmd power-related 
economic development and the development of a supply cham to support the 
development of offshore wmd power pr01ects, 
G Support the development and deployment of mnovat1ve technologies to achieve the 
energy policy and economic development ob1ect1ves of this State, mcludmg energy 
storage, 
H Support the use of Mame-based techmcal and engmeermg expertise and bmld on 
this State's leadership m offshore wmd power, manttme 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 reg10nal offshore wmd power transm1ss10n mfrastructure, 
J Collaborate with other states or entities when appropnate on regional issues, 
mcludmg, but not limited to, transmission, procurement, supply cham and workforce 
development and research and momtormg relatmg to wildlife, fishenes and the Gulf of 
Mame ecosystem, 
K Support responsibly sited offshore wmd power pro1ects with generation facilities 
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 power pro1ects, mcludmg, but not ltmited to, the Department of 
Economic and Commumty Development, the Department of Labor, the Department of 
SENATE AMENDMENT 
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SENATE M.IBNDMENT ",4" to COMMITTEE M.IBNDMENT "A" to SP 766, L D 1895 
Marme Resources, the Department of Transportation, the Department of Inland 
Fishenes and Wtldhfe and the Department of Environmental Protection, and 
M Support the development of deep-water offshore wmd power pro1ects and 
transmission mfrastructure m the Gulf of Mame that serve the public mterest by 
advancmg the renewable energy and cltmate pohc1es and economic development goals 
of this State and help mg to reduce energy pnce volat1hty 
2. Federal lease st1pulat10ns. The office, m consultat10n with other state agencies, 
mcludmg, but not hm1ted to, the Department of Marme Resources, shall advocate for the 
mclusion m any leases issued by a federal agency for offshore wmd energy product10n m 
federal waters provisions that will 
A Support economic development, mcludmg the development of port mfrastructure, 
B Promote pubhc commun1cat1ons plans about the leased act1v1ty, 
C Ensure appropnate engagement with federally recogmzed Indian tribes m this State, 
D Include adequate transm1ss10n planmng, 
E Result m access to research conducted m connect10n with the lease, and 
F Maximize mitigation of and compensation for tmpacts to coastal commumties, 
w1ldhfe, fishenes and the marme environment 
Sec. 6. 35-A MRSA §3408 1s enacted to read 
§3408. Offshore wmd energy procurement 
1. Preparation of requests for proposals; offshore wmd power pro1ects. The office 
shall estabhsh a schedule for competitive sohc1tat1ons for the development and construction 
of offshore wmd power pro1ects 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 sohc1tation Upon developmg a 
request for proposals for a competitive solicitation under this sect10n, the office shall submit 
the request for proposals to the commiss10n for approval 
A A competitive sohc1tation under this sect10n must specify the date on which a 
subsequent sohc1tatton must be m1tiated and the specified date must be w1thm 36 
months of a prev10us sohc1tation 
B The office shall make reasonable efforts to consult with entities w1thm this State, 
mcludmg, but not limited to, the commission, the Office of the Pubhc Advocate and 
entities mcluded m section 3407, subsection 1, paragraph L, and other states or entities 
regardmg coordmated competitive sohc1tations 
C A competitive sohc1tatton under this section must seek proposals for offshore wmd 
power protects with not less than approximately 600 megawatts of nameplate capacity 
or of sufficient size to enable cost-compet1t1ve commercial-scale development A 
competitive solicitation developed m coordmation with other states or entities may 
seek proposals for offshore wmd power pr01ects with a nameplate capacity of less than 
megawatts if the coordmated sohcitation is m an aggregate amount sufficient to 
enable cost-competitive commercial-scale development 
D A sohc1tat10n under this section must specify bidder cntena, mcludmg 
SENATE AMENDMENT 
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SENATE AMENDMENT "A "to CO:MMITTEE AMENDMENT "A" to SP 766, L D 1895 
(1) Subm1ss1on of plans that meet or exceed state and federal reqmrements or 
gmdehnes and are consistent with the recommendat10ns m the Mame Offshore 
Wmd Roadmap issued by the office m Februaty 2023 
fa) To ensure stakeholder engagement, capacity butldmg and egmty with 
particular consideration given to the energy and economic crrcumstances and 
opportumt1es m coastal and socially vulnerable commumties, as defined m 
section 3407, subsection 1, paragraph E, 
(b) To achieve economic and commumty benefits, mcludmg, but not hm1ted 
to, mvestments m and development of ports, supply chams and the necessaty 
workforce, 
(c) To achieve d1vers1ty, egmty and mclus10n m employment and contractmg 
for the pr01ect, 
(d) To provide for fisheries research, momtormg and m1t1gat1on, and 
(e) To provide for envrronmental and w1ldhfe research, momtormg, mitigation 
and conservat10n, 
(2) A fishmg commumt1es mvestment plan, as descnbed m subsect10n 4, 
(3) An agreement by the responsible entity, 1f 1t 1s approved for a contract under 
this section, to pay an amount set m the sohc1tat10n of at least $5,000 per megawatt 
of the offshore wmd power pro1ect's nameplate capacity to the Offshore Wmd 
Research Consortmm Fund m accordance with sect10n 3406, subsection 4, 
(4) An agreement by the responsible entity, if it is approved for a contract under 
this section, to provide fmancial and techmcal assistance necessary to rmplement 
the plans hsted m subparagraphs (1) and (2), and 
(5) Workforce regurrements, as described m subsection 3 
The office may waive any of the reqmrements of this paragraph if the office determmes 
that apphcable federal criteria, mcludmg, but not hmited to, federal lease provis10ns, 
adequately achieve the apphcable reqmrement 
E A competitive sohcitation under this section must be announced, prior to issuance, 
through a notice of mtent and made avatlable m draft form, mcludmg the cntena for 
the plans requrred pursuant to paragraph D, for public comment The office shall 
(1) Conduct at least 2 pubhc comment sessions on the sohc1tation, 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 sohcitation, 
{2) Respond m wntmg to the comments received regardmg the draft sohcitat10n, 
(3) Coordmate with the Department of Economic and Commumty Development, 
the Department of Marme Resources, the Department of Transportation, the 
Department oflnland F1shenes and Wtldhfe and the Department ofEnvrronmental 
Protection on the development of the cntena for the plans reqmred pursuant to 
paragraph D, 
(4) Coordmate with the Department of Agriculture, Conservat10n and Forestry to 
ensure submerged lands leasmg rates and fees, as descnbed m Title 12, sect10n 
1862, are ahgned with the goals of the program as described m section 3407 and 
SENATE AMENDMENT 
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SENATE AMENDMENT" A 
"to CO:MMITTEE AMENDMENT "A" to SP 766, L D 1895 
reflect a farr market rate considermg fees set by other states m the region for the 
use of submerged lands m connection with an offshore wmd power pro1ect, 
(5) Seek pubhc mput on appropnate contractmg mechamsms for mclusion m the 
sohcitations to address market dynamics and impacts to ratepayers, mcludmg, but 
not hmited to, mdexmg and pnce adrnstments, 
(6) Request comments on the draft sohcitation from each federally recogmzed 
Indian tnbe m this State and the Mame Indian Tnbal-State Commission, and 
(7) In developmg the plan cntena for the plans requrred pursuant to paragraph D, 
consider all comments received under subparagraph ( 6) 
2. Requests for proposals; offshore wmd power pro1ects. The commission shall 
review a sohcitation developed by the office under subsect10n 1 and, upon fmdmg that the 
sohcitat10n is reasonably hkely to attract competitive bids and further the ob1ectives of the 
program as descnbed m sect10n 3407, shall issue a request for proposals m accordance with 
this subsect10n 
A The office shall file with the commission the frrst solicitation by July 1, 2025 unless 
another date is estabhshed by mutual agreement between the office and the 
commission 
B The commission shall issue the frrst reguest for proposals by the later of January 15, 
2026 and 3 months after the frrst auction by the federal Department of the Intenor, 
Bureau of Ocean Energy Management for offshore wmd power leases m the Gulf of 
Mame 
C If, withm any 3-year penod between January 15, 2026 and January 1, 2039, the 
commiss10n has not found a solicitation submitted by the office to be reasonably hkely 
to further the obtectives of the program as descnbed m section 3407, the commission 
shall expeditiously develop and issue a request for proposals consistent with the 
requrrements of this section 
D The commission shall review and make a determmat10n regardmg a sohcitation 
submitted by the office withm 6 months of the date of submiss10n 
E If the commission determmes that a contract for an amount greater than those 
specified m subsection 1, paragraph C is m the pubhc mterest, it may select resources 
and approve contracts accordmgly 
F In conductmg a solicitation and selectmg offshore wmd power protects under this 
section, the commission shall ensure that selected protects result m contracts that are 
cost-effective for electric ratepayers over the term of the contract, takmg mto 
consideration potential quantitative and qualitative economic, environmental and other 
benefits to ratepayers 
The commiss10n shall give pnonty to offshore wmd power pro1ects that 
0) Have generation facilities located outside of Lobster Management Area 1, 
(2) Include agreements compliant with subsection 3 or 29 Umted States Code, 
Section 158(f) and are open to disadvantaged busmess entetpnses and small 
busmesses, 
(3) Provide employment and contractmg opportumties for 
SENATE AMENDMENT 
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SENATE AMENDMENT "fJ "to CO:MMITTEE AMENDMENT "A" to SP 766, L D 1895 
(a) Members of federally recogmzed Indian tribes ill this State, 
(b) Workers from disadvantaged commumt1es as defilled by 
(1) The Umted States Council on Environmental Ouahty's climate and 
economic mst1ce screenillg tool or by an agency of this State usillg 
standards s1milar to those ill the screenillg tool as determilled by the 
comm1ss10n, 
(11) The Umted States Department of Commerce, Economic Development 
Admill1stratlon's economic distress criteria, or 
(111) The Umted States Department of Energy's disadvantaged commumty 
criteria, and 
(c) Certified busillesses, 
(4) Provide commumty benefits, as determilled preconstructlon through 
consultat10n with federally recogmzed Indian tribes ill this State, a stakeholder 
engagement process that illcludes disadvantaged commumt1es, as described ill 
subparagraph (3), d1v1s1on (b), and illVestments ill fishillg commumtles, 
(5) Provide fillancial contributions or techmcal assistance to support research, 
momtormg and m1tlgat1on of 1mpacts to wildlife, fisheries and habitats and the 
mill1m1zatlon of environmental impacts from the offshore Willd power protect and 
related transm1ss10n and illterconnect1on illfrastructure, 
( 6) Provide economic benefits to the State, illcludmg usillg an offshore wmd port 
located ill this State, 
(7) Max1m1ze the hmng of residents of this State, 
(8) Max1m1ze economic, employment and contractillg opportumtles for residents 
of this State and all busillesses ill this State, and 
(9) Provide ratepayer benefits, illcludillg, but not l1m1ted to, enhanced electric 
rehab1hty, resource adequacy illcludillg contr1butmg to reducillg Willter electricity 
price spikes and overall price 1mpacts, avoidance of lille loss and m1tlgat10n of 
transm1ss10n costs to the extent possible 
The comm1ss10n shall allow the office to review the bids submitted pursuant to this 
subsection The office may provide illput to the commiss10n 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 m section 3407, subsection 1 
G The comm1ss10n may direct one or more transmission and d1str1bution utilities to 
enter illto long-term contracts for energy, capacity or renewable energy credits from 
offshore wmd power protects selected by the commission ill accordance with this 
subsection 
H If, at the close of a competitive b1ddillg process conducted under this section, the 
commission determilles that the proposals submitted do not satisfy the regmrements of 
paragraph F, the commiss10n shall re1ect all proposals and shall open a new competitive 
b1ddillg process under this subsection 
I Notw1thstandillg Title 5, section 8071, subsection 3, the comm1ss10n, after 
consultation with the office, may establish by rule reasonable fees that bidders must 
SENATE AMENDMENT 
ROS 
SENATE AMENDivlENT "I/ "to COMMITTEE AMENDivlENT "A" to SP 766, L D 1895 
submit with proposals for offshore wmd power pr01ects Fees collected pursuant to this 
paragraph may be used for the admmistration of this section, section 3406 and section 
3407 
Upon request of the office, the commission may transfer fees collected m 
accordance with this paragraph to the office for the admmistration of this sect10n, 
section 3406 and section 3407 
3. Commumty and workforce enhancement standards The followmg commumty 
and workforce enhancement standards apply to contractors and subcontractors mvolved m 
the construction of an offshore wmd power pro1ect pursuant to this section 
A A contractor or subcontractor shall 
(1) Ensure that all construct10n workers earn compensation at or above the Mame 
emergmg mdustry compensat10n threshold, and 
(2) Meet the requirements outlmed m Title 26, sect10n 1317 
B 
Pnor to the commencement of each contractor's or subcontractor's construction 
work on the offshore wmd power protect, if that contractor or subcontractor determmes 
that additional construct10n workers are necessary m excess of the contractor's or 
subcontractor's currently available and qualified employees to fulfill the contractor's or 
subcontractor's contractual obligations, the contractor or subcontractor shall 
(1) Use the services of contractors or subcontractors that use a hirmg hall m order 
to meet their workforce needs, and 
(2) Provide regular employment opportumties first to members of the affected 
commumty and residents of this State and then to mdividuals who reside m the 
New England region 
C If a contractor or subcontractor, after an exhaust10n of all efforts regmred by 
paragraph B for a penod of 90 busmess days, while remammg m compliance with all 
other standards and regmrements of this subsection, is unable to employ enough 
construction workers to fulfill the contractor's or subcontractor's contractual 
obligations, the contractor or subcontractor may use any means necessary to fulfill the 
contractor's or subcontractor's contractual obligations for a penod ofno more than 30 
busmess days 
D If, after complymg with the procedures and timmg reqmred by paragraphs B and 
C, a contractor or subcontractor determmes that additional construction workers are 
needed, that contractor or subcontractor may use the followmg means to fulfill the 
contractor's or subcontractor's contractual obligations 
(1) The contractor or subcontractor shall provide the opportumty to fill a mmimum 
of 5 0% of all remammg construction worker hours to contractors or subcontractors 
that use a hirmg hall m order to meet their workforce needs 
(2) If contractors and subcontractors that use a hirmg hall m order to meet their 
construction workforce needs cannot mamtam the mimmum threshold of 50% of 
the remammg construction worker hours for a penod of 10 consecutive busmess 
days, the requestmg contractor or subcontractor may use any means considered 
necessary by that requestmg contractor or subcontractor to fulfill the contractor's 
or subcontractor's contractual obhgat10ns, mcludmg contmued engagement with 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT" f)" to CO:rvnvaTTEE AMENDMENT "A" to SP 766, L D 1895 
contractors and subcontractors that use a hrrmg hall m order to meet therr 
construction workforce needs, m order to mamtam the 50% threshold 
E Sub1ect to comphance with all other provisions of this subsection, a contractor or 
subcontractor responsible for construction work may contmue to operate and 
Implement a registered apprenticeship program and other relevant contmumg 
educat10n programs m order to meet an ongomg or new construction workforce 
demand The registered apprenticeship program must have graduated apprentices 
withm one year pnor to the commencement of the registered apprenticeship program's 
sponsor's or subsponsor's construction work on the offshore wmd power pr01ect 
Contractors and subcontractors responsible for construction work that operate a 
registered apprenticeship program pursuant to this paragraph 
(1) Shall meet or exceed the apprenticeship percentage regurrements specified m 
Title 26, sect10n 3502, subsection 1, 
(2) Are sub1ect to the penalties specified m Title 26, section 3502, subsect10n 3, 
and 
(3) Shall provide proofwithm 7 calendar days of a request from the Department of 
Labor that all apprentices employed on the offshore wmd power pro1ect are 
enrolled ma registered apprenticeship program 
F If a contractor or subcontractor responsible for construction work determmes the 
construct10n workforce needs to be decreased at any pomt throughout the complet10n 
of the offshore wmd power pro1ect, reductions m the construct10n workforce or layoffs 
must be performed m the followmg pnonty 
(1) Based on the skills needed, keep mg those workers whose skills are still needed 
for the completion of the offshore wmd power pro1ect, and 
(2) Based upon semonty on the offshore wmd power pro1ect, with the last 
construction worker commencmg work on the offshore wmd power pr01ect bemg 
the frrst construct10n worker to receive a layoff 
G A contractor or subcontractor responsible for performmg construct10n work 
(1) Shall carry workers' compensat10n coverage and contribute to unemployment 
msurance for each construction worker on the site of the pr01ect, 
(2) May not hrre or employ the services of a temporary staffing agency or 
orgamzat10n, 
(3) Is prohibited from employmg or usmg mdependent contractors as defmed m 
Title 39-A, section 102, subsect10n 13-A, not mcludmg Mame-based mdividual 
owner-operators or sole proprietors m the transportat10n mdustry, 
( 4) Shall keep an accurate record showmg the name and occupat10n of all 
construction workers employed by the contractor or subcontractor performmg 
construction work on the offshore wmd power pro1ect The record must also show 
for each construct10n worker the hours worked, the title of the 10b, the hourly rate 
or other method of remuneration and the actual wages or other compensation, m 
compliance with the Mame emergmg mdustry compensat10n threshold The 
contractor or subcontractor shall keep a copy of the record at the construct10n site 
SENATE AMENDMENT 
~o<o 
\ 
I 
SENATE AMENDMENT" H "to COJv1MITTEE AMENDMENT "A" to SP 766, L D 1895 
and allow mspection of the record durmg all reasonable hours by Department of 
Labor, Bureau of Labor Standards and, as apphcable, the pubhc authonty and its 
officers and agents that let the contract, 
(5) 
Shall post a clearly legible statement of all Mame emergmg mdustry 
compensation threshold wage and benefit rates to be paid to each class of 
construction worker employed on the offshore wmd power pro1ect This statement 
must be kept posted throughout the duration of the offshore wmd power protect 
and be easily accessible at the offshore wmd power pr01ect construction site, and 
(6) 
Shall retam documentation of comphance with the requrrements of this 
subsection The records made pursuant to this subsect10n must be retamed for 3 
years after the termmat10n of the contract for the construction work performed 
H If a construction worker performmg construct10n work at the offshore wmd power 
pr01ect site who 1s paid less than the Mame emergmg mdustry compensat10n threshold, 
that construction worker may recover from the contractor or subcontractor responsible 
for the construct10n work a penalty equal to the difference between the actual wage and 
benefits paid and the Mame emergmg mdustry compensat10n threshold and, m add1t1on 
to the penalty, reasonable attorney's fees The surety for the contractor or subcontractor 
responsible for the construction work 1s not hable for the penalty or attorney's fees 
I A contractor or subcontractor shall guarantee agamst strikes, lockouts or s1m1lar 
d1srupt10ns 
J A contractor or subcontractor shall demonstrate adherence to the mclus1ve b1ddmg 
standards and document that adherence 
The Department of Labor shall adopt routme techmcal rules, as defined m Title 5, chapter 
375, subchapter 2-A, to Implement this subsection 
Notw1thstandmg any prov1s10n ofth1s subsect10n to the contrary, an agreement that meets 
the reqmrements of29 Umted States Code, Section 158(f) for the covered work 1s deemed 
to comply with the regurrements of this subsection 
4. F1shmg commumt1es mvestment plan regmrements. A fishmg commumt1es 
mvestment plan must mclude a plan for ongomg mvestment m fishmg commumties with a 
stated annual target rate of mvestment 
A The plan must be designed to 
(I) Support mnovation and adaptation m response to environmental change, 
sh1ftmg resource economics and changes m fishmg practices associated with 
offshore wmd power development, 
(2) Protect seafood-related workmg waterfront mfrastructure, 
1, 
(3) Assist persons fishmg commercially at an entry level, and 
(4) Assist persons fishmg commercially seekmg to provide the responsible entity 
with offshore services 
B Investment strategies w1thm the plan may mclude, but are not hm1ted to, subs1d1zmg 
commercial lendmg mterest rates, loan guarantees and fundmg programs or grant 
programs to support persons fishmg commercially and fishmg-related busmesses and 
entities estabhshed to provide support services to the fishmg mdustry 
SENATE AMENDMENT 
SENATE AMENDiv1ENT 'A "to COMMITTEE AMENDiv1ENT "A" to SP 766, L D 1895 
C The plan must identrfy admimstration costs separately from the annual target rate of 
mvestment 
D The plan must mclude a regmrement that the responsible entity convene an advisory 
body made up of representatives, which may mclude, but are not limited to, 
representatives from the fishmg mdustry and fishmg commumty, the Department of 
Marme Resources and relevant commercial lendmg mstitutions, a person appomted by 
the responsible entity to serve as the liaison to the fishmg commumty and other relevant 
persons or entities The advisory body must momtor mvestment plan performance 
agamst the annual target, momtor effectiveness of mvestment strategies and identify 
opportumties for improvmg fisheries and fishmg commumties through plan 
mvestment 
5. Fundmg. Notwithstandmg section 116, subsection 4, upon receivmg a written 
request from the office, the commission may provide reasonable fundmg to the office for 
the purposes of tmplementmg the requrrements of this section 
6. Rulemakmg; protective orders The commission 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 momtoring, 
measurmg and enforcmg ongomg compliance by responsible entities with the requrrements 
of this section 
A The rules must require the responsible entity to provide biannual reports to the 
commission regardmg its compliance with the plans submitted as part of its bid under 
subsection 2 The rules must regurre a report submitted by the responsible entity to 
exclude personally identifymg mformation to the greatest extent practicable If the 
report mcludes confidential or proprietary mformat10n, trade secrets or stmtlar matters 
as provided by the Mame Rules of Civil Procedure, Rule 26(c), the commission may 
issue appropriate protective orders m accordance with section 1311-A with respect to 
those port10ns of the report and shall make available to the public an appropnately 
redacted copy of the report The commiss10n shall provide to the office the redacted 
copy, which the office shall post on the office's publicly accessible website 
B The commission shall establish by rule a process for the review, m coordmation 
with the office, of the biannual reports provided by the responsible entity and a 
mechamsm for public participat10n regardmg the contents of the report 
Sec. 7. 35-A MRSA §3409 is enacted to read 
§3~9 Offshore wmd power transmission 
The commiss10n, m coordmation with the office, shall seek to advance reg10nal 
transmission solut10ns to mterconnect offshore wmd power with transmission and 
distribution utilities, other New England states or entities and the mdependent system 
operator of the New England bulk power system or a successor organization 
1. Transmission sohcitat10n and procurement. The commiss10n may conduct one or 
more competitive solicitations for proposals for the development and construction of 
offshore wmd energy transmission pro1ects or other electnc mfrastructure pro1ects to 
facilitate offshore wmd energy development and approve contracts for such pr01ects m 
accordance with this section 
SENATE AMENDMENT 
ROS 
~ 
\ 
SENATE AMENDMENT" A 
"to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
A In developmg a sohc1tatlon and approvmg a contract under this section, the 
comm1ss10n shall 
(1) Consider the amount oftransm1ss1on capacity needed to mamtam or Improve 
electric system rehab1hty, 
(2) Avoid unnecessary costs to upgrade the ex1stmg transm1ss1on gpd, 
(3) Seek to achieve the greenhouse gas em1ss1ons reduction obhgatlons and cl1mate 
pohc1es of this State under Title n38, section 576-A and Title 38, sect10n 577 and 
renewable energy goals under section 3210, subsect10n 1-A, 
( 4) Pursue demonstrable benefits for electric ratepayers, and 
(5) Encourage pro1ects that av01d, mm1m1ze or mitigate Impacts to wtldhfe, the 
envtronment, fishenes, fishmg activ1t1es or tribal bunal and archeolog1cal sites, 
whether submerged or on land 
B The comm1ss1on shall coordmate with the office and may coordmate with other 
ent1t1es, mcludmg, but not hm1ted to, transm1ss1on and d1str1butlon ut1ht1es, other New 
England states and the mdependent system operator of the New England bulk power 
system or a successor orgamzat1on, m the sohc1tat1on and select10n of proposals under 
this section 
C The comm1ss1on may host conferences with prospective bidders m advance of 
1ssumg sohc1tat1ons under this section 
D A responsible entity may submit a proposal m response to a sohc1tat1on conducted 
under this section as long as the transm1ss1on service proposal provides for 
transm1ss1on service for more than one offshore wmd power protect 
E The comm1ss1on may consider proposals that mclude, but are not hm1ted to, 
upgradmg the ex1stmg gnd, extendmg the gnd closer to offshore wmd power pro1ects, 
determmmg or upgradmg opt1mal landfall approaches or mterconnectmg between 
offshore substat10ns 
F The comm1ss1on may select one proposal, multiple proposals or no proposals 
G The comm1ss1on may select proposals that mclude federal fundmg m the form of a 
match, grant or loan or through ownership and operation by the Federal Government, 
cost sharmg among states or recovery of transm1ss10n costs through federal 
transm1ss1on rates 
H The comm1ss1on may modify a sohc1tat10n under this section, pnor to selectmg any 
proposal, m order to satisfy federal ehg1b1hty cntena 
Rules. The commission may adopt rules to Implement this sect10n Rules adopted 
under this subsect10n are routme techmcal rules pursuant to Title 5, chapter 3 7 5, sub chapter 
2-A 
Sec. 8. 35-A MRSA §3410 1s enacted to read 
§3410. Determmat1on of effect on scemc character and related eustmg uses 
1. Defimt1ons. As used m this section, unless the context otherwise mdicates, the 
followmg terms have the followmg meanmgs 
SENATE AMENDMENT 
ROS 
SENATE AMENDMENT "A "to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
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 limited to, bmldmgs, access roads and laydown areas 
B "Best practical mitigation" means methods or technologies used durmg construct10n 
or operat10n of an offshore wmd termmal that control or reduce to the lowest feasible 
level visual and scemc impacts "Best practical mitigation" may mclude, but is not 
limited to, turbme and blade coloration to reduce visual tmpacts and aircraft detect10n 
technologies to reduce the need for aircraft hazard wammg hghtmg 
C "Department" means the Department of Envrronmental Protection 
D "Offshore wmd termmal" means a port facility used for fabncatmg offshore wmd 
turbme foundat10ns, launchmg floatmg foundations mto the water, assemblmg wmd 
turbme generators atop the foundat10ns or preparmg the assembled wmd turbme for 
towmg to a wet berth or mstallat10n site "Offshore wmd termmal" mcludes a quay with 
berths to accommodate the assembly of wmd turbme generators and offshore wmd 
component delivery vessels, an upland laydown area for foundat10n fabrication and 
storage of wmd turbme generator components, fabrication fac1hties, fixed and mobile 
cranes, associated facilities and termmal offices and access roads 
2. Apphcat10n of standard. This subsection governs the department's or the Mame 
Land Use Plannmg Commiss10n's makmg fmdmgs regardmg the effect of an offshore wmd 
term.ma! on scemc or natural character and existmg uses related to scemc character pursuant 
to Title 12, section 685-B, subsect10n 4 or Title 38, sect10n 484, subsect10n 3 or Title 38, 
section 480-D An offshore wmd termmal protect must mmtmize the adverse effect on 
scemc character and existmg uses related to scemc character to the maxtmum extent 
practicable and use best practical mitigation to control and reduce visual and scemc 
tmpacts Except as otherwise provided m subsection 3, determmat1on that an offshore wmd 
tennmal fits harmomously mto the ex1stmg natural environment m terms of potential 
effects on scemc or natural character and ex1stmg uses related to scemc character 1s not 
required for approval under either Title 12, sect10n 685-B, subsect10n 4, paragraph C or 
Title 38, section 484, subsect10n 3 
Exception to standard; certam associated fac1btJ:es. The department, or m the 
case of certificat10n under Title 38, chapter 3, subchapter 1, article 6 the Mame Land Use 
Plannmg Comm1ss1on, shall evaluate the effect of associated fac1ht1es 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, subsection 4, paragraph C or Title 38, 
sectJ.on 484, subsection 3, m the manner provided for development other than offshore wmd 
termmal development 
4. Limitat10n on number of offshore wmd termmals. The department may not 
approve permits under Title 12, section 685-B, subsection 4 or Title 38, section 484, 
subsect10n 3 or Title 3 8, sect10n 480-D for more than 4 offshore wmd termmals If a permit 
approved under Title 12, section 685-B, subsection 4 or Title 38, section 484, subsection 3 
or Title 38, sect10n 480-D expires, 1s surrendered or 1s revoked pnor to construction of an 
offshore wmd termmal, the department may approve a permit under those sect10ns for 
anofuer offshore wmd termmal 
SENATE AMENDMENT 
SENATE AMENDMENT 'A "to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
Sec. 9. 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 facility necessary to the proper 
operation and mamtenance of an offshore wmd power protect as defined m section 3401-A, 
subsect10n 15 that 1s proposed for location w1thm an expedited perm1ttmg area 
Sec. 10. 35-A MRSA §3453-A, sub-§3, ,rA, as enacted by PL 2015, c 265, §8 
and affected by §10, 1s amended to read 
A Will not have an unreasonable adverse effect on the State's ab1hty to meet the state 
geals goal for wmd energy development m proximate federal waters m sect10n 3404, 
subsect10n 2, pm-agraph C, and 
Sec. 11. 38 MRSA §480-D, sub-§1, amended by PL 2009, c 615, Pt E, §8, 1s 
further amended by enactmg at the end a new blocked paragraph to read 
In makmg a determmat10n under this subsect10n regardmg an offshore wmd termmal as 
defmed m Title 35-A, sect10n 3410, subsection 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 3410 
Sec. 12. 38 MRSA §482, sub-§2, W, as amended by PL 2009, c 615, Pt E, §14, 
1s further amended to read 
F Is an 011 termmal facility as defined m this section, er 
Sec. 13. 38 MRSA §482, sub-§2, ,rJ, 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-, or 
Sec. 14. 38 MRSA §482, sub-§2, ,i( 1s enacted to read 
K Is an offshore wmd termmal as defmed m Title 35-A, sect10n 3410, subsect10n 1, 
paragraphD 
Sec. 15. 38 MRSA §484, sub-§3, ,rJ 1s enacted to read 
J In makmg a determmat10n under this subsection regardmg an offshore wmd termmal 
as defined m Title 35-A, section 3410, subsection 1, paragraph D, the department shall 
consider the termmal' s effects on scemc character and existing uses related to scemc 
character m accordance with Title 35-A, section 3410 
Sec. 16. Office of Tax Pobcy to develop F1shmg Community Protection Tax 
Incentive Program. The Department of Admm1strative and Fmanc1al Services, Bureau 
of Revenue Services, Office of Tax Policy, m consultation with the Department of Manne 
Resources and the Governor's Energy Office, shall develop the F1shmg Commumty 
Protection Tax Incentive Program, referred to m this section as "the program," to provide 
a tax credit to applicants for qualified mvestments m offshore wmd power projects 
consIStent with the purposes described m the Mame Revised Statutes, Title 35-A, sections 
3407 and 3408 For purposes ofth1s section, "qualified mvestments" means activ1tles that 
SENATE AMENDMENT 
~os 
SENATE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
relate to the design, penmttmg, construction, modification or eqmpment of an applicant's 
offshore wmd power project 
1. Program reqmrements. The program must 
A Provide mcentlves for sitmg offshore wmd power projects with generat10n facilities 
outside of Lobster Management Area 1, as defmed by the Department of Marme 
Resources by rule, 
B Protect ratepayers from any additional costs associated with the sitmg objectives m 
paragraph A, 
C Increase the State's competitiveness m securmg offshore wmd power projects and 
its associated chmate and economic benefits, and 
D Include a tax credit not to exceed $16,000,000 m the aggregate annually for up to 
years 
2. Reports. No later than December 1, 2023, the Office of Tax Pohcy shall publish on 
its publicly accessible website a draft report on the development of the program and shall 
accept pubhc comments on the draft report for at least 30 days No later than February 1, 
2024, the Office of Tax Po hey shall submit a fmal report to the Jomt Standmg Committee 
on Taxat10n and the Jomt Standmg Committee on Energy, Ut1ht1es and Technology that 
mcludes its findmgs and recommendations about developmg the program, mcludmg 
suggested legislation The Jomt Standmg Committee on Taxation may report out a bill to 
the Second Regular Session of the 131 st Legislature relatmg to the report 
Sec. 17. Appropriations and allocations. The followmg appropnations and 
allocat10ns are made 
EXECUTIVE DEPARTMENT 
Mame Offshore Wmd Renewable Energy and Economic Development Program 
N471 
Imtrntlve Provides allocat10n to estabhsh the program 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTIIBR SPECIAL REVENUE FUNDS TOTAL 
EXECUTIVE DEPARTMENT 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
PUBLIC UTILITIES CO:Ml\flSSION 
Pubbc Utihties -Admm1strat1ve D1v1s1on 0184 
2023-24 
$500 
$500 
2023-24 
$500 
$500 
2024-25 
$500 
$500 
2024-25 
$500 
$500 
Imt1atlve Provides allocat1ons for expenditures related to one Staff Attorney pos1t1on and 
associated All Other costs 
SENATE AMENDMENT 
~os 
~~ 
) 
/ 
' ) 
SENATE AMENDMENT" f, "to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
OTHER SPECIAL REVENUE FUNDS 
2023-24 
2024-25 
POSITIONS - LEGISLATIVE COUNT 
000 
000 
Personal Services 
$0 
$165,705 
All Other 
$0 
$15,874 
I 
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 
SECTION TOTALS 
2023-24 
2024-25 
OTHER SPECIAL REVENUE FUNDS 
$500 
$182,079 
SECTION TOTAL - ALL FUNDS 
$500 
$182,079 
Amend the amendment by relettenng or renumbermg any nonconsecutive Part letter or 
sect10n number to read consecutively 
SUMMARY 
This amendment strikes the committee amendment and mstead does the followmg 
I 
The amendment provides that an agreement for construction work m connection 
with the construction or alterat10n of an offshore wmd termmal that 1s a public work to 
support an offshore wmd power project must comply with the requrrements applicable to 
either a project labor agreement or commumty and workforce enhancement standards It 
provides that 1f an offshore wmd power project mvolves a pubhc-pnvate partnership that 
mcludes the lease of an offshore wmd termmal owned or operated by the State, the 
department, authonty or other agency responsible for grantmg the lease must requrre 
agreements that comply with the requrrements applicable to either a project labor 
agreement or commumty and workforce enhancement standards as a cond1t10n of the lease 
for all on-site construction and fabncation of matenals for the offshore wmd power project 
This amendment makes the followmg changes to the Mame Wmd Energy Act 
A It enacts defm1tions applicable to the Act that mclude many of the defimt1ons that 
were m the committee amendment, however, 1t adds defm1tions applicable to new 
labor-related reqmrements 
B Like the committee amendment 
(1) It updates the State's goal for wmd energy development m proximate federal 
waters, 
SENATE AMENDMENT 
~os 
SENATE AMENDMENT "A" to CO:MMITTEE AMENDMENT "A" to SP 766, L D 1895 
(2) It makes changes to the Offshore Wmd Research Consortmm, mcludmg 
expandmg the membership of the advisory board, and 
(3) It makes changes to the Offshore W md Research Consortmm Fund, mcludmg 
addmg payments from offshore wmd power projects to the sources of money that 
come mto the fund 
C 
It establishes the Mame Offshore W md Renewable Energy and Economic 
Development Program to further the development and use of offshore wmd power 
projects m the Gulf of Mame The program 1s admm1stered by the Governor's Energy 
Office m collaborat10n with the Public Ut1httes Comm1ss10n Unhke the committee 
amendment, 1t mcludes the Department of Labor w1thm the hst of state agencies with 
which the office and the comm1ss10n must coordmate act1v1ttes 
D It estabhshes standards and requrrements for offshore wmd energy procurements 
E 
It drrects the Governor's Energy Office to establish a schedule for competitive 
sohc1tat10ns and prepare requests for proposals for the development and construction 
of offshore wmd power projects to meet the goals of the Mame Offshore Wmd 
Renewable Energy and Economic Development Program m accordance with the 
followmg 
(1) Each sohc1tat1on must seek proposals for not less than approxtmately 600 
megawatts of nameplate capacity or projects of sufficient stze to enable cost-
compet1ttve commercial-scale development 
A sohc1tatton developed m 
coordmat1on with other states or ent1t1es may seek proposals for projects with a 
nameplate capacity of less than 600 megawatts 1f the coordmated sohc1tat10n 1s m 
an aggregate amount sufficient to enable cost-compet1t1ve commercial-scale 
development 
(2) Unhke the committee amendment, the sohc1tat1on 1s not hm1ted to floatmg 
offshore wmd power projects and mstead applies to offshore wmd power projects 
generally, which may mclude floatmg offshore wmd power projects 
(3) A sohc1tat1on must specify bidder cntena, mcludmg the subm1ss1on of plans 
addressmg stakeholder engagement, economic and commumty benefits, d1vers1ty, 
eqmty and mclus1on m employment and contractmg for the project, fishenes 
research, momtonng and m1t1gat10n, and environmental and wtldlife research, 
momtormg, m1t1gat1on and conservation The cntena must also requrre the 
subm1ss1on of a fishmg commumt1es mvestment plan, an agreement by the 
responsible entity, 1f 1t 1s approved for a contract, to pay an amount per megawatt 
of capacity to the Offshore Wmd Research Consortmm Fund and an agreement to 
provide fmanc1al and techmcal assistance necessary to Implement the requrred 
plans 
(a) The payment amount requrred per megawatt of capacity under thIS 
amendment 1s equal to $5,000 or more, mstead of$10,000 as m the committee 
amendment 
(b) This amendment also reqmres that the sohc1tat10n's bidder cntena mclude 
specific workforce requrrements 
SENATE AMENDMENT 
~os 
SENATE AMENDMENT" A" to COMMIT1EE AMENDMENT "A" to SP 766, L D 1895 
(4) A solicitation must be made available for public comment pnor to issuance 
The Governor's Energy Office 1s requrred to coordmate with vanous state agencies 
and seek public mput with respect to vanous aspects of the solic1tat1on 
(a) The Governor's Energy Office 1s requrred to coordmate with the 
Department of Agriculture, Conservation and Forestry to ensure submerged 
land leasmg rates and fees are aligned with the goals of the Mame Offshore 
Wmd Renewable Energy and Economic Development Program 
(b) The requrrement m the committee amendment that an applicant for a 
submerged lands lease or easement m connect10n with an offshore wmd power 
project selected for a contract be charged an annual operatmg fee based on the 
electr1crty generated usmg a certam federal formula 1s not mcluded m this 
amendment 
F The amendment requrres the Public Utilities Comm1ss10n to review the request for 
proposals and, upon fmdmg that the request for proposals 1s reasonably hkely to attract 
competitive bids, issue the request for proposals 
( 1) The comm1ss10n must issue the frrst request for proposals by the later of January 
15, 2026 and 3 months after the federal Department of the Interior, Bureau of 
Ocean Energy Management first issues offshore wmd power leases m the Gulf of 
Mame 
(2) The comm1ss10n 1s requrred to select projects that are cost-effective for electric 
ratepayers over the term of the contract, takmg mto consideration potential 
quantitative and qualitative economic, environmental and other benefits to 
ratepayers The comm1ss1on must give pnonty to projects that meet certam cntena, 
mcludmg havmg generation facilities outside of Lobster Management Area 1 and 
agreements that are compliant with project labor agreements as descnbed m federal 
law or commumty and workforce enhancement standards and are open to 
disadvantaged busmess enterpnses and small busmesses as defmed m the Mame 
Wmd Energy Act This differs from the committee amendment, which d1rects the 
comm1ss1on to give greater pnonty, m selectmg a bid, to projects that are eligible 
for and mtended to apply for fundmg from the F1shmg Commumty Protection and 
Low-mcome Ratepayer Fund established m the committee amendment, and 
mcludes the execution of a labor peace agreement and a project labor agreement 
Under the committee amendment, the comm1ss1on 1s requ1red to give secondary 
pr10nty to projects that provide certam 1dent1fied benefits This amendment does 
not mclude the establishment of a F1shmg Commumty Protection and Low-mcome 
Ratepayer Fund and mcludes workforce requrrements and standards m the bidder 
cntena as well as among the cntena for projects to which the comm1ss1on must 
give pnonty 
The amendment establishes commumty and workforce enhancement standards as 
requrrements and standards that contractors, subcontractors and md1v1duals performmg 
construction work on offshore wmd power projects must meet These mclude reqmrements 
and standards for 
A A total compensat10n package that has a value at or above the Mame emergmg 
mdustry compensation threshold as defmed m the amendment, 
SENATE AMENDMENT 
"'os 
SENATE AMENDMENT"/}" to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
B Safety tra1mng for construction workers, 
C Under certam c1rcumstances, the use of the services of contractors that use a hmng 
hall m order to meet workforce needs and provide regular employment opportumt1es 
fast to members of the affected commumty and residents of the State and then to 
md1v1duals m New England, 
D Registered apprenticeship programs, 
E Workers' compensat10n and unemployment msurance, 
F 
Hmng certam types of workers and prohib1tmg the hirmg of mdependent 
contractors, and 
G Record keepmg regardmg construction workers performmg construct10n work on 
the project 
Like the committee amendment, this amendment authorizes the commiss10n to 
cos.duct one or more competitive solicitations for proposals for the development and 
co•structlon of offshore wmd energy transm1ss1on projects or other electric m:frastructure 
projects to facilitate offshore wmd energy development 
Unlike the committee amendment, this amendment mcludes a new section 
establishmg a visual Impact standard to evaluate the effect of the development of an 
offshore wmd termmal This amendment provides that offshore wmd termmals must 
receive review under the site location of development laws and amends the prov1s1ons of 
law governmg site location of development and the Natural Resources Protection Act to 
provide that when proposed offshore wmd termmals receive review, impacts related to 
scemc character and eXIstmg uses related to scemc character are governed by the new visual 
impact standard It limits the number of permits for offshore wmd termmals that the 
Department of Envrronmental Protection may approve to 4 
This amendment amends the defimt10n of "expedited wmd energy development" to 
mclude a port facility necessary to the proper operat10n and mamtenance of an offshore 
wmd power project 
Instead of establishmg a fishmg commumty protect10n tax mcentive, this 
amendment requrres the Office of Tax Policy m the Department of Admmistratlve and 
Fmancial Services, Bureau of Revenue Services, m consultation with the Department of 
Marme Resources and the Governor's Energy Office, to develop the F1shmg Commumty 
Tax Incentive Program to provide tax credits to apphcants for qualified mvestments m 
offshore wmd power projects The Office of Tax Policy 1s requrred to pubhcIZe and seek 
pubhc comment on the proposed program before submittmg it to the Jomt Standmg 
Committee on Taxation and the Jomt Standmg Committee on Energy, Utilities and 
Technology by February 1, 2024 The Jomt Standmg Committee on Taxat10n is authorized 
to report out a bill to the Second Regular Session of the 131 st Legislature relatmg to the 
report 
Fmally, this amendment removes the appropriations and allocat10ns section from 
the committee amendment, mcludmg all fundmg to the Department of Agriculture, 
Conservation and Forestry, the Department of Inland Fisheries and Wildlife and the Public 
Ut1hties Commission for posit10ns and costs, except for one Staff Attorney position m the 
Public Utilities Commiss10n, related to the Implementation and admm1strat10n of the 
policies established m the amendment 
Because the tax mcentive and the Fishmg 
SENATE AMENDMENT 
I 
I 
SENATE AMENDMENT" A• to COMMITTEE AMENDMENT "A" to SP 766, L D 1895 
Commumty Protection and Low-mcome Ratepayer Fund are removed by this amendment, 
the appropnations and allocat10ns to the 
epartment of Economic and Commumty 
Development and the Office fthe 
~ ....... ~lso remo d 
(Senator ROTUNDO, M.) 
COUNTY: Androscoggm 
FISCAL NOTE REQUIRED 
(See attached) 
SENATE AMENDMENT 
Approved 07 /24/23 Mae.. 
LD 1895 
LR 741(04) 
An Act Regarding the Procurement of Energy from Offshore Wmd Resources 
Fiscal Note for Senate Amendment '* to Committee Amendment 
II A 
Sponsor: Sen. Rotundo of Androscoggm 
Net Cost (Savmgs) 
General Fund 
Appropnat10ns/ Allocat10ns 
Genet al Fund 
Other Special Revenue Funds 
Fiscal Detad and Notes 
Fiscal Note Reqmred: Yes 
Fiscal Note 
FY 2023-24 
($166,198) 
($166,198) 
($1,085) 
FY 2024-25 
($161,572) 
($161,572) 
($1,085) 
Projections 
FY 2025-26 
($289,662) 
($289,662) 
($1,085) 
ProJections 
FY 2026-27 
($305,116) 
($305,116) 
($1,085) 
This amendment stnkes and replaces the bill It removes all General Fund appropnat10ns ft om the bill As amended, 
the bill retams the Othe1 Special Revenue Funds (OSRF) allocations to the Pubhc Ut1ht1es C01mmss10n (PUC) funded 
from assessments on ut1ht1es fo1 one add1t10nal Staff Attorney pos1t1011 related to procm ement activ1t1es The amended 
bill also retams prov1s10ns that allow the Governor's Energy Office to request fundmg from the PUC, which may 
result 111 add1t10nal OSRF expenditures for the PUC Any add1t10nal costs to other agencies impacted by the pt ovis10ns 
of the bill are anticipated to be mmor and can be absorbed withm existmg budgeted resources 
LR0741(04) - Fiscal Note - Page 1 of 1