Peter Lyon, MJLST Staffer
Recent efforts in Maine have continued the push for developing sustainable energy sources, specifically including offshore wind energy projects in the Gulf of Maine. Offshore wind projects have captured other coastal states’ and the federal government’s interest for quite some time, though the industry is not well developed due to several practical setbacks and pushback from different stakeholders. Maine has the potential to be a leader in this area, as a bill it passed in July lays more of the groundwork for developing offshore wind energy projects, calls attention to the development of innovative technology, and implements means to adequately address the interests of relevant stakeholders.
“An Act Regarding the Procurement of Energy from Offshore Wind Resources”
Maine Governor Janet Mills signed a bill in July to further the development of offshore wind energy projects in the Gulf of Maine, making several amendments to a previous bill and enacting six additional sections.[1] One of the major changes includes declaring a new wind energy goal of three gigawatts of installed capacity by December 2040. This could meet approximately fifty percent of Maine’s anticipated electricity needs at that time.[2] This goal is different from Maine’s unmet 2009 goal of two gigawatts of installed capacity by 2015 and is likely attributable to supply chain issues, higher interest rates, and the rising prices of materials.[3]
To facilitate its three gigawatts by 2040 goal, the bill establishes a process for competitive contracting by requiring the solicitation process and project proposals to be consistent with the Maine Offshore Wind Roadmap issued in 2023,[4] which emphasizes five key topics.[5] It also includes sections pertaining to offshore wind power transmission, supporting the development of port infrastructure and innovative technologies. This may include technologies such as floating or bobbing platforms because the Gulf of Maine is too deep for fixed-structure turbines[6] and storage capacity technology such as large batteries, which would maximize the amount of energy that can be used as it is needed.[7]
The bill also expands the minimum number of advisory board members of the Offshore Wind Research Consortium – a collaborative research initiative created by the bill – from seven to twelve members to reach a wider stakeholder audience. The new advisory board member requirements include adding the “Commissioner of Inland and Wildlife” (or the commissioner’s designee), “at least one individual who is a member of a federally recognized Indian tribe” in Maine, “two individuals with expertise in marine and wildlife habitats,” and “at least one individual with experience in commercial offshore wind power development.”[8] The bill also requires the opportunity for public comment during the project solicitation process.
Engaging with relevant stakeholders at this early stage allows the Consortium’s research to explore and mitigate risks in offshore wind development projects such as the potential negative impact on commercial fishing, species degradation, and harm to ecosystems. These kinds of concerns mirror much of the resistance to offshore wind projects, non-specific to the Gulf of Maine, and the bill emphasizes specific actions to answer them.
Addressing Stakeholder Concerns
Calls for offshore wind energy development have been met with pushback from multiple stakeholder groups, including Native American tribes, members of the commercial fishing industry, and local residents. These and other stakeholders voice concerns about environmental, economic, and social issues. For example, some people argue that installing offshore wind farms could disrupt key fishing and lobstering grounds, which generate more than $1.5 billion for Maine’s economy.[9] This disruption could happen by changing fish migration patterns, changing water temperatures by running large electrical cables onshore, and limiting fishers’ ability to access fishing grounds due to turbine structures being in the way.[10] Another concern is that animals, like the Eastern red bat and other bat species, are vulnerable to flying into wind farm structures.[11] Others simply worry that installing offshore wind farms will disrupt the environment’s natural beauty, as wind farms will be a sort of visual pollution.
In addition to seeking input from relevant stakeholders, the new bill anticipates these kinds of risks and includes specific actions to avoid or mitigate them. The Offshore Wind Research Consortium funds will now also be used to “support conservation that supports species and habitats impacted by offshore wind development,”[12] including research that aims to “avoid or minimize the impact of floating offshore wind power projects on ecosystems and existing uses of the Gulf of Maine.”[13]
Proposals for the development and construction of offshore wind projects must include a “fishing communities investment plan” which “supports innovation and adaptation in response to environmental change, shifting resource economics, and changes in fishing practices associated with offshore wind power development.”[14] Proposals given priority are those that are outside critical fishing and lobstering areas, provide employment and contracting opportunities to people from disadvantaged communities, provide financial or technical support for research regarding wildlife, fisheries, and habitats impacted by offshore wind development, or promote hiring Maine residents and affected community members.[15] Under the bill, proposals must seek to minimize an offshore wind project’s impact on the environment’s visual and scenic character.[16]
The Current State of Offshore Wind Development in the U.S.
Maine is not the only jurisdiction pursuing offshore wind development projects. Most of the locations for offshore wind projects are in federal waters, which means that they often require permits issued by the Bureau of Ocean Energy Management (BOEM), which is housed in the Department of the Interior.[17] The federal government has allocated floating wind leases and has a goal to meet fifteen gigawatts of installed capacity by 2035.[18] Projects are underway in Maine, California, and Oregon, with more in the pipeline.[19]
Maine has the potential to be a leader in offshore wind development projects as its bill passed in July demonstrates the importance of engaging relevant stakeholders, conducting research to avoid or mitigate negative environmental impacts, and prioritizing developments that show commitment to social values. It also emphasizes the role of innovative technology like floating turbines, which are especially relevant because about eighty percent of the world’s offshore wind resource capacity is in locations not well-suited for fixed structures.[20] Offshore wind projects can spur economic growth[21] and contribute to the procurement of sustainable energy while decreasing reliance on non-sustainable sources like fossil fuels. Other jurisdictions should look to Maine’s bill as a great start in the early development of an industry with enormous potential.
Notes
[1] 2023 Me. SP 766.
[2] Maria Gallucci, Maine to go all in on offshore wind, Canary Media (July 25, 2023), https://www.canarymedia.com/articles/wind/maine-to-go-all-in-on-offshore-wind.
[3] Id.
[4] Maine Offshore Wind Roadmap Advisory Committee, The Maine Offshore Wind Roadmap, State of Maine Governor’s Energy Office (February 2023), https://www.maine.gov/energy/sites/maine.gov.energy/files/inline-files/Maine_Offshore_Wind_Roadmap_February_2023.pdf.
[5] Maine’s Offshore Wind Roadmap, State of Maine Governor’s Energy Office, https://www.maine.gov/energy/initiatives/offshorewind/roadmap (last visited Nov. 6, 2023) (stating the Roadmap’s objectives include “supporting economic growth and resiliency, harnessing renewable energy, advancing Maine-based innovation, supporting Maine’s seafood industry, and protecting the Gulf of Maine’s ecosystem.”).
[6] Heather Richards, Gulf of Maine wind could power 100% of New England—Report, E&E News (Oct. 31, 2023), https://subscriber.politicopro.com/article/eenews/2023/10/31/gulf-of-maine-wind-could-give-new-england-a-power-jolt-report-00124295.
[7] Id. (“Offshore wind from the Gulf of Maine could satisfy 72% of New England’s power demand but battery storage is critical; without the right storage capacities, offshore wind could only meet approximately 37% of New England’s needs.”).
[8] 2023 Me. SP 766.
[9] Maria Gallucci, Maine to go all in on offshore wind, Canary Media (July 25, 2023), https://www.canarymedia.com/articles/wind/maine-to-go-all-in-on-offshore-wind.
[10] Bureau of Ocean Energy Management, Gulf of Maine Draft Wind Energy Area (WEA) Notice, Regulations.gov
(October 18, 2023), https://www.regulations.gov/document/BOEM-2023-0054-0001 (see public comments).
[11] Heather Richards, Gulf of Maine wind could power 100% of New England—Report, E&E News (Oct. 31, 2023), https://subscriber.politicopro.com/article/eenews/2023/10/31/gulf-of-maine-wind-could-give-new-england-a-power-jolt-report-00124295.
[12] 2023 Me. SP 766.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Nicholas P. Jansen, Reducing the Headwinds: the Need for a Federal Approach to Siting Offshore Wind Interconnection Infrastructure, Despite Protective State Laws, 26 Ocean & Coastal L.J. 123 (2021).
[18] Juliana Ennes, California’s floating wind lead threatened by fast-rising Maine, Reuters (September 14, 2023, 10:57 AM), https://www.reuters.com/business/energy/californias-floating-wind-lead-threatened-by-fast-rising-maine-2023-09-14/.
[19] Maria Gallucci, Maine to go all in on offshore wind, Canary Media (July 25, 2023), https://www.canarymedia.com/articles/wind/maine-to-go-all-in-on-offshore-wind.
[20] Id.
[21] Maine Offshore Wind Roadmap Advisory Committee, The Maine Offshore Wind Roadmap, State of Maine Governor’s Energy Office (February 2023), https://www.maine.gov/energy/sites/maine.gov.energy/files/inline-files/Maine_Offshore_Wind_Roadmap_February_2023.pdf.
