April 17, 2024

The Honorable Janet T. Mills

1 State House Station
Augusta, ME 04333

Dear Governor Mills:

On behalf of the Maine Renewable Energy Association, Associated General Contractors, Maine
Better Transportation Association, Maine Jobs Council, and Maine State Chamber of
Commerce, I am writing to request that you veto LD 373, “An Act to Ensure Employer and
Employee Harmony in Clean Energy Development Projects”, which would require that any State
agency or entity responsible for granting a lease of State land for a “clean energy development
project” require that the project developer enter into an employer and employee harmony
agreement with any labor organization seeking to represent the developer’s employees at the
project site. This legislation would dissuade renewable energy development on state-owned
land, invite legal challenges grounded in federal labor law, and unduly delay project
development or interfere with Maine’s clean energy targets all together.

The legislation’s definition of employer and employee harmony agreement is functionally the
same as a Project Labor Agreement (PLA). Renewable energy developers, which would be the
lessee of State land under LD 373, cannot enter into PLAs. Under the National Labor Relations
Act, only employers primarily engaged in construction may agree on the terms of a PLA before
any employee is hired. LD 373 would have developers reach an agreement with unions before
they enter into a lease with the State. As a practical matter, developers will not have made
commitments with a contract to build the project(s), let alone hired contractors to maintain or
operate a facility. These decisions are made months or years later. Again, developers - because
they are not engaged in construction - may not enter into a PLA. LD 373 would require
developers to violate federal labor law and, therefore, would dissuade renewable energy
development on State lands.

Maine’s clean energy transition requires all hands on deck and all landowners at the table. LD
373 would dissuade renewable energy developers (particularly those with existing, strong
relationships with Maine-based, non-unionized contractors) from locating projects on State
lands, including highway interchanges, University-owned parcels, and other public lands.
We respectfully request that you veto LD 373, “An Act to Ensure Employer and Employee
Harmony in Clean Energy Development Projects”, in support of Maine’s clean energy transition.

Sincerely,

/s/ /s/ /s/

Eliza Donoghue Kelly Flagg Maria Fuentes
Executive Director Executive Director Executive Director
Maine Renewable Energy Associated General Maine Better Transportation
Association Contractors Association

/s/ /s/
Joe Edwards Patrick Woodcock
Board Member President & CEO
Maine Jobs Council Maine State Chamber of
Commerce