Prescribes licensing requirements for the operation of renewable energy facilities in waters under Federal jurisdiction seaward of the coastal zone.
Instructs the Secretary of Commerce immediately to identify and evaluate locations within such waters that have the greatest potential for producing energy from renewable energy facilities.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1183 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1183
To promote the Sensible Development of Renewable Energy in the Waters
of the Coastal Zone, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2003
Mr. Delahunt (for himself and Mr. Saxton) introduced the following
bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To promote the Sensible Development of Renewable Energy in the Waters
of the Coastal Zone, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Zone Renewable Energy
Promotion Act of 2003''.
SEC. 2. FINDINGS; PURPOSES AND OBJECTIVES.
(a) Findings.--The Congress finds that--
(1) There is an increasing need for the production of
electricity from energy facilities that use renewable resources
and some of these facilities may be located in waters under the
jurisdiction of the United States, including the coastal zone;
(2) Energy companies have already sought to construct
energy facilities in State and Federal waters that will use
renewable wind energy resources;
(3) Nationwide there are more than 50 proposals to
construct and operate ``wind farms'' for producing electricity
in State and Federal waters, and some of these proposals
include anchoring more than five hundred wind towers to the
ocean seabed within sight of land;
(4) Existing Federal and State law does not provide a
process to address the unique issues raised by proposals to
locate energy facilities for renewable resources in the marine
environment, thereby hindering or jeopardizing sensible
development of these renewable energy resources; and
(5) New Federal and State policies are needed to ensure the
timely and sensible development of renewable energy resources
that are accessible in the marine environment and to provide a
mechanism to resolve the significant public trust issues
involved in resource allocation and multiple uses in the marine
environment.
(b) Purposes and Objectives.--The purposes and objectives of this
Act are to--
(1) promote the sensible development of energy facilities
that use renewable energy resources in the marine environment
by authorizing the Secretary of Commerce to establish a
licensing regime and permitting process to ensure due
consideration of the public trust issues involved in resource
allocation, multiple use, and impacts on the marine
environment;
(2) direct the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration (NOAA), to use NOAA's expertise about the marine
environment and coastal zone to develop new Federal rules and
regulations to authorize and govern the sensible development of
renewable energy resources in a manner that provides for public
safety, safe navigation, protection of the marine environment,
prevention of waste, conservation of natural resources, access
to important commercial and recreational fishing areas, the
protection of correlative rights, protection of national
security interests, and payments to the Federal Government for
constructing and operating renewable energy facilities in
waters under the jurisdiction of the United States seaward of
the coastal zone; and
(3) encourage coastal States to amend their coastal zone
management plans to include policies and procedures that
address--
(A) issues arising from the location in the marine
environment of energy facilities that utilize renewable
energy sources;
(B) conflicting and competing resource allocation
and multiple use issues; and
(C) any adverse impacts from such facilities on the
marine environment, commercial and recreational fishing
and other activities, the boating community and
aesthetic, cultural and historic values.
SEC. 3. DEFINITIONS; EFFECTIVE DATE.
(a) Definitions.--
(1) Except where provided otherwise, any term used in this
Act that is defined in the Coastal Zone Management Act of 1972
(16 U.S.C. 1453 et seq.) shall have the same meaning as
provided in that Act (as amended by this Act).
(2) Section 304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453) is amended by--
(A) renumbering paragraphs (16) through (18) as
paragraphs (18) through (20), respectively;
(B) inserting after paragraph (15) the following
new paragraphs--
``(16) The term `renewable energy facility' means any
equipment or facility which is or will be used primarily--
``(A) in the development, production, conversion,
storage, transfer, processing, or transportation of any
renewable energy resource; or
``(B) for the manufacture, production, or assembly
of equipment, machinery, products, or devices which are
involved in any activity described in subparagraph (A).
``(17) The term `renewable energy resource' means a source
of energy that is regenerative and is produced without
depleting or otherwise diminishing the resource from which such
energy is derived. Such term includes, but is not limited to,
solar, thermal, and wind energy sources.''; and
(C) inserting after paragraph (20) (as renumbered
by subparagraph (A)) the following new paragraph:
``(21) The term `wind energy facility' means a facility or
equipment that converts the kinetic energy of wind into
electricity. Such term includes all necessary components for
the generation and transmission of such wind energy.''.
(b) Effective Date.--The amendments made to the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.) by this Act shall be
effective on the date of enactment of this Act.
TITLE I--COASTAL STATE MANAGEMENT
SEC. 101. COASTAL ZONE ENHANCEMENT OBJECTIVES.
Section 309 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456b) is amended--
(1) in subsection (a) by inserting at the end the following
new paragraph--
``(8) The procedures and enforceable policies adopted to
facilitate the location of renewable energy facilities in the
marine environment, including any wind energy facility, shall,
among other things--
``(A) identify priority locations for renewable
energy facilities in the coastal zone;
``(B) ensure continued access to commercial and
recreational fishing areas, including shellfish beds;
``(C) include an environmental review of the
potential impacts on--
``(i) marine mammals and endangered species
and their designated critical habitat;
``(ii) birds;
``(iii) the marine environment including
the seabed;
``(iv) aesthetic, cultural and historical
resource values; and
``(v) the cumulative impacts of multiple
renewable energy facilities;
``(D) evaluate navigational and public safety
concerns, including but not limited to aviation safety,
and ensure continued access to important traditional
recreational boating areas;
``(E) include obligations for the payment of funds
necessary to pay for the decommissioning and removal of
renewable energy facilities;
``(F) include an assessment of the need for the
energy produced by renewable energy facilities; and
``(G) take into account national security
interests.'';
(2) in subsection (c) by inserting at the end the following
new sentence: ``In making funding decisions, the Secretary
shall give special consideration to those proposals for
management program changes related to the implementation of the
objectives identified in paragraph (a)(8) in States with
pending renewable energy facility proposals.''.
TITLE II--FEDERAL MARINE RENEWABLE ENERGY PROGRAM
SEC. 201. LICENSE FOR THE OPERATION OF RENEWABLE ENERGY FACILITIES IN
WATERS UNDER THE JURISDICTION OF THE UNITED STATES
SEAWARD OF THE COASTAL ZONE.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by adding at the end the following new section--
``SEC. 314. RENEWABLE ENERGY FACILITIES.
``(a) License Requirement.--No person may construct or operate a
renewable energy facility in waters under the jurisdiction of the
United States seaward of the coastal zone except in accordance with a
license issued pursuant to this section.
``(b) Letter of Intent, Public Notice and Request for Proposals.--
``(1) Any person who seeks to apply for a license under
this section shall notify the Secretary in writing of their
intent to apply for a license under this section. A letter of
intent shall include, at a minimum, a description of the
proposed renewable energy facility, the specific location where
the applicant proposes to construct the facility, the proposed
timeframe for construction and operation of the facility and
the names of the applicant, owners and operators of the
proposed facility.
``(2) Within 30 days of receipt of a letter of intent, the
Secretary shall publish in the Federal Register notice
containing the requirements for a license application in the
area identified in the notice issued under paragraph (2), and a
request for proposals from all persons who seek a license to
construct and operate a renewable energy facility in the same
location. The Secretary shall determine the time within which
proposals must be submitted, but shall not set the submission
date less than 60 days from the date notice is published in the
Federal Register.
``(c) Public Interest Evaluation.--In evaluating applications
received under this section, the Secretary shall consider the amount of
energy the proposed project will produce, the economic impact to the
region where the facility will be located, the environmental impacts of
the proposed facility, the displacement of competing uses of the
proposed site and other relevant factors to determine which proposed
project best serves the public interest.
``(d) License Issuance Prerequisites.--The Secretary may only issue
a license under this section after the Secretary determines that--
``(1) based on recommendations from the Secretary of
Defense, the facility will be consistent with national security
needs;
``(2) based on recommendations from the Corps of Engineers
and the Coast Guard, the facility will not create an
obstruction to navigation;
``(3) the application is consistent with the approved
management programs of affected states;
``(4) construction or operation of the facility will not
unduly restrict access to commercial and recreational fishing
areas, including shellfish beds, and recreational boating
areas;
``(5) the facility will not adversely affect marine
mammals, threatened or endangered species, migratory birds, or
designated critical habitat;
``(6) construction or operation of the facility will not
adversely affect aesthetic, cultural, or historical resources
recognized or protected under Federal law or the laws of the
affected coastal States;
``(7) after consultation with the Secretary of
Transportation, that the renewable energy facility does not
pose a threat to aviation safety;
``(8) as a result of the Environmental Impact Statement,
the facility can be constructed or operated in a manner that
minimizes any adverse impact on the marine environment,
including the seabed and any other natural resources;
``(9) after consultation with the Secretary of Energy, that
the electricity that will be produced by the facility is
needed;
``(10) the location of the facility is not within the
boundaries of a National Marine Sanctuary or Marine Protected
Area;
``(11) the applicant will pay the fees required in the
application; and
``(12) the application was determined by the Secretary
under subsection (c) to best serve the public interest.
``(e) License Terms and Conditions.--
``(1) In issuing a license for the construction and
operation of a renewable energy facility the Secretary shall
prescribe the conditions necessary to carry out the provisions
of this Act and any other law, and such license shall only be
issued if the applicant agrees to comply with the conditions
the Secretary may prescribe in accordance with the provisions
of this Act.
``(2) No license issued under this section may be sold,
transferred, or materially changed in any other manner without
the prior written approval of the Secretary. The Secretary
shall ensure that any such sale, transfer or change is
consistent with the management plans of affected coastal States
before issuing an approval.
``(3) The Secretary shall establish such bonding
requirements or other assurances as may be necessary to assure
that, upon revocation, termination, relinquishment,
abandonment, transfer, sale, or surrender of the license, the
licensee will dispose of or remove all components of the
renewable energy facility as directed by the Secretary. The
Secretary may waive the disposal or removal requirements for
any submerged component of the renewable energy facility on or
below the seabed if he finds that such removal is not otherwise
necessary and that such component does not constitute a threat
to the environment, or impede navigation, fishing, or use of
the seabed.
``(f) Hearing and Public Comment.--The Secretary may issue a
license under this section only after public notice and opportunity for
comment, and after conducting during the comment period at least one
public hearing in the coastal area affected by the facility for which a
license is proposed to be issued.
``(g) Fees and Royalties.--The Secretary shall require the payment
of an application fee when a completed license application is accepted
in an amount sufficient to cover the administrative expenses of
processing the application. The Secretary shall also, after notice and
public comment, establish an annual royalty fee to be paid by the
holder of a license issued pursuant to this section during any year in
which electricity is produced under such license. To the extent
practicable, the Secretary shall set the royalty fee to recoup the
market value of the site for use as a renewable energy facility, taking
into account the size of the facility, any impacts on the marine
environment and other natural resources, the amount of electricity
produced, the value of the site to competing uses, whether or not the
renewable energy facility is located in a priority area and any other
relevant factors; provided, however, that the Secretary may set a
royalty fee at less than market value if he determines that it is
necessary and appropriate to encourage (a) small-scale developers; (b)
reduced environmental impacts, or (c) the siting of renewable energy
facilities in designated priority areas. Royalty fees and impact fees
assessed under subsection (b) shall be deposited in the Coastal Zone
Management Fund established under section 309.
``(h) No Right or Title.--No provision of this Act or any other law
shall be construed to limit the authority of the Secretary to terminate
or limit, without compensation to the holder, any license issued
pursuant to this section if the Secretary determines that such
termination or limitation is necessary to further the purposes of this
Act or to implement or enforce this Act or any other law.''.
SEC. 202. PRIORITY SITE IDENTIFICATION AND EVALUATION.
(a) Priority Site Identification and Evaluation.--To accelerate the
sensible development of renewable energy facilities in the marine
environment, the Secretary shall immediately begin to identify, list,
and evaluate those locations within the marine waters under the
jurisdiction of the United States seaward of the coastal zone that have
the greatest potential, consistent with this Act and section 309(a)(8)
of the Coastal Zone Management Act of 1972, as added by section 101 of
this Act, for producing energy from renewable energy facilities. In
identifying and listing these priority areas the Secretary shall
consult with the Secretary of Energy, the Coast Guard, the
Administrator of the Environmental Protection Agency, affected coastal
states and other public and private institutions and companies with
relevant expertise. In evaluating potential sites to be listed, the
Secretary shall, to the maximum extent possible, consult with the
Office of Energy Efficiency and Renewable Energy and the National
Renewable Energy Laboratory of the Department of Energy.
(b) Preference for Priority Sites.--The Secretary may not approve
an application filed under section 314 of the Coastal Zone Management
Act of 1972, as added by section 201 of this Act, that proposes to
construct and operate a renewable energy facility outside the
boundaries of a site identified under subsection (a) unless the
Secretary determines, in writing, that the location of the proposed
facility otherwise satisfies the criteria used in designating priority
sites under section 202(a) of this Act.
SEC. 203. REGULATIONS AND OTHER LAWS.
(a) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out the purposes and objectives of this Act
within 12 months after the date of enactment of this Act.
(b) Savings Clause.--Nothing in this Act shall be construed to
displace, supercede, limit, or modify the jurisdiction, responsibility,
or authority of any Federal or State agency under any other Federal
law.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Commerce.
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