Maine Code § 23-4441

Port facility-related requirements
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1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following
terms have the following meanings.
A. "Offshore wind power project" has the same meaning as in Title 35-A, section 3405, subsection
1, paragraph C. [PL 2023, c. 481, §1 (NEW).]
B. "Offshore wind terminal" has the same meaning as in Title 35-A, section 3410, subsection 1,
paragraph D. [PL 2023, c. 481, §1 (NEW).]
C. "Public authority" has the same meaning as in Title 26, section 1304, subsection 7. [PL 2023,
c. 481, §1 (NEW).]
D. "Public work" has the same meaning as in Title 26, section 1304, subsection 8. [PL 2023, c.
481, §1 (NEW).]
[PL 2023, c. 481, §1 (NEW).]
2. Public works; offshore wind terminals; agreements. Notwithstanding Title 26, section 3601,
if an offshore wind terminal that is a public work is constructed or altered for the purpose of supporting
an offshore wind power project, the public authority responsible for the construction or alteration shall
require agreements that comply with 29 United States Code, Section 158(f) or Title 35-A, section 3408,
subsection 3 for all construction work.
[PL 2023, c. 481, §1 (NEW).]
3. Public-private partnership; agreements. If an offshore wind power project involves a public-
private partnership that includes the lease of an offshore wind terminal owned or operated by the State,
including any port facility owned or operated by the Maine Port Authority, the department, authority
or other agency responsible for granting the lease shall require agreements that comply with 29 United
States Code, Section 158(f) or Title 35-A, section 3408, subsection 3 as a condition of the lease for all
on-site construction and fabrication of materials for the offshore wind power project.
[PL 2023, c. 481, §1 (NEW).]

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