Library / Laws / 113th / s / S. 1419 / Reported in Senate
II
Calendar No. 634
113th CONGRESS
2d Session
S. 1419
[Report No. 113–294]
IN THE SENATE OF THE UNITED STATES
August 1, 2013Mr. Wyden (for himself, Ms. Murkowski, Mr. King, Mr. Merkley, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
December 10, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To promote research, development, and demonstration of
marine and hydrokinetic renewable energy technologies, and for other
purposes.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Marine and Hydrokinetic
Renewable Energy Act of 2013.
(b)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of
contents.TITLE I—Marine and hydrokinetic renewable energy
technologiesSec. 101. Definition of marine and hydrokinetic renewable
energy.Sec. 102. Marine and hydrokinetic renewable energy research and
development.Sec. 103. National Marine Renewable Energy Research,
Development, and Demonstration Centers.Sec. 104. Authorization of appropriations.TITLE II—Marine and hydrokinetic renewable energy regulatory
efficiencySec. 201. Marine and hydrokinetic renewable energy projects and
facilities.
I
Marine and
hydrokinetic renewable energy technologies
101.
Definition of
marine and hydrokinetic renewable energy
Section 632 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17211) is amended in the matter preceding
paragraph (1) by striking electrical.
102.
Marine and
hydrokinetic renewable energy research and development
Section 633 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17212) is amended to read as follows:
633.
Marine and
hydrokinetic renewable energy research and development
The Secretary, in consultation with the
Secretary of the Interior, the Secretary of Commerce, and the
Federal Energy
Regulatory Commission, shall carry out a program of research,
development,
demonstration, and commercial application to expand marine and
hydrokinetic
renewable energy production, including programs—
(1) to assist
technology development to improve the components, processes, and
systems used
for power generation from marine and hydrokinetic renewable energy
resources;
(2) to establish
critical testing infrastructure necessary—
(A) to cost
effectively and efficiently test and prove marine and hydrokinetic
renewable
energy devices; and
(B) to accelerate the
technological readiness and commercialization of those devices;
(3) to support
efforts to increase the efficiency of energy conversion, lower the
cost,
increase the use, improve the reliability, and demonstrate the
applicability of
marine and hydrokinetic renewable energy technologies by
participating in
demonstration projects;
(4) to investigate
variability issues and the efficient and reliable integration of
marine and
hydrokinetic renewable energy with the utility grid;
(5) to identify and
study critical short- and long-term needs to create a sustainable
marine and
hydrokinetic renewable energy supply chain based in the United
States;
(6) to increase the
reliability and survivability of marine and hydrokinetic renewable
energy
technologies, including development of corrosion-resistant and
anti-fouling
materials;
(7) to verify the
performance, reliability, maintainability, and cost of new marine
and
hydrokinetic renewable energy device designs and system components
in an
operating environment;
(8) to coordinate and
avoid duplication of activities across programs of the Department
and other
applicable Federal agencies, including National Laboratories;
(9) to identify
opportunities for joint research and development programs and
development of
economies of scale between—
(A) marine and
hydrokinetic renewable energy technologies; and
(B) other renewable
energy and fossil energy programs, offshore oil and gas production
activities,
and activities of the Department of Defense; and
(10) to support
in-water technology development with international partners using
existing
cooperative procedures (including memoranda of understanding)—
(A) to allow
cooperative funding and other support of value to be exchanged and
leveraged;
and
(B) to encourage the
participation of international research centers and companies in
the United
States and the participation of research centers and companies of
the United
States in international
projects.
.
103.
National
Marine Renewable Energy Research, Development, and Demonstration
Centers
Section 634 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is amended
by
striking subsection (b) and inserting the following:
(b)
Purposes
The
Centers (in coordination with the Department and National
Laboratories)
shall—
(1) advance research,
development, demonstration, and commercial application of marine
and
hydrokinetic renewable energy technologies;
(2) support in-water
testing and demonstration of marine and hydrokinetic renewable
energy
technologies, including facilities capable of testing—
(A) marine and
hydrokinetic renewable energy systems of various technology
readiness levels
and scales;
(B) a variety of
technologies in multiple test berths at a single location; and
(C) arrays of
technology devices; and
(3) serve as
information clearinghouses for the marine and hydrokinetic
renewable energy
industry by collecting and disseminating information on best
practices in all
areas relating to developing and managing marine and hydrokinetic
renewable
energy resources and energy
systems.
.
104.
Authorization
of appropriations
Section 636
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) is
amended by striking 2008 through 2012 and inserting 2014
through 2017.
II
Marine and
hydrokinetic renewable energy regulatory efficiency
201.
Marine and
hydrokinetic renewable energy projects and facilities
Part I of the Federal Power Act (16 U.S.C.
792 et seq.) is amended by adding at the end the following:
34.
Pilot license
for marine and hydrokinetic renewable energy projects
(a)
Definition of
hydrokinetic pilot project
(1)
In
general
In this section, the term hydrokinetic pilot
project means a facility that generates energy from—
(A) waves, tides, or
currents in an ocean, estuary, or tidal area; or
(B) free-flowing
water in a river, lake, or stream.
(2)
Exclusions
The
term hydrokinetic pilot project does not include a project that
uses a dam or other impoundment for electric power purposes.
(b)
Pilot licenses
authorized
The Commission may issue a pilot license to construct,
operate, and maintain a hydrokinetic pilot project that meets the
criteria
listed in subsection (c).
(c)
License
criteria
The Commission may issue a pilot license for a
hydrokinetic pilot project if the project—
(1) will have an
installed capacity of not more than 10 megawatts;
(2) is for a term of
not more than 10 years;
(3) will not cause a
significant adverse environmental impact or interfere with
navigation;
(4) is removable and
can shut down on reasonable notice in the event of a significant
adverse
safety, navigation, or environmental impact;
(5) can be removed,
and the site can be restored, by the end of the license term,
unless the
project has obtained a new license or the Commission has
determined, based on
substantial evidence, that the project should not be removed
because it would
be preferable for environmental or other reasons not to; and
(6) is primarily for
the purpose of—
(A) testing new
hydrokinetic technologies;
(B) locating
appropriate sites for new hydrokinetic technologies; or
(C) determining the
environmental and other effects of a hydrokinetic technology.
(d)
Lead
agency
In carrying out this section, the Commission shall act as
the lead agency—
(1) to coordinate all
applicable Federal authorizations; and
(2) to comply with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(e)
Schedule
goals
(1)
In
general
Not later than 30 days after the date on which the
Commission receives a completed application, and following
consultation with
Federal, State, and local agencies with jurisdiction over the
hydrokinetic
pilot project, the Commission shall develop and issue pilot license
approval
process scheduling goals that cover all Federal, State, and local
permits
required by law.
(2)
Compliance
Applicable
Federal, State, and local agencies shall comply with the goals
established
under paragraph (1) to the maximum extent practicable, consistent
with
applicable law.
(3)
1-year
goal
It shall be the goal of the Commission and the other
applicable agencies to complete the pilot license process by not
later than 1
year after the date on which the Commission receives the completed
application.
(f)
Size
limitations
(1)
In
general
The Commission may grant a pilot license for a project
located in the ocean if the project covers a surface area of not
more than 1
square nautical mile.
(2)
Exception
The
Commission, at the discretion of the Commission and for good cause,
may grant a
pilot license for a project that covers a surface area of more than
1 square
nautical mile.
(3)
Limitation
For
proposed projects located in an estuary, tidal area, river, lake,
or stream,
the Commission shall determine the size limit on a case-by-case
basis, taking
into account all relevant factors.
(g)
Extensions
authorized
On application by a project, the Commission may make a
1-time extension of a pilot license for a term not to exceed 5
years.
.
1.
Short
title; table of contents
(a)
Short
title
This Act may be cited
as the Marine and Hydrokinetic Renewable Energy Act of 2014.
(b)
Table of
contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.TITLE I—Marine and hydrokinetic renewable energy technologiesSec. 101. Definition of marine and hydrokinetic renewable energy.Sec. 102. Marine and hydrokinetic renewable energy research and development.Sec. 103. National Marine Renewable Energy Research, Development, and Demonstration Centers.Sec. 104. Authorization of appropriations.TITLE II—Marine and hydrokinetic renewable energy regulatory efficiencySec. 201. Marine and hydrokinetic renewable energy projects and facilities.
I
Marine and
hydrokinetic renewable energy technologies
101.
Definition of
marine and hydrokinetic renewable energy
Section 632 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17211) is amended in the matter preceding
paragraph (1) by striking electrical.
102.
Marine and
hydrokinetic renewable energy research and development
Section 633 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17212) is amended to read as follows:
633.
Marine and
hydrokinetic renewable energy research and development
The Secretary, in consultation with the
Secretary of the Interior, the Secretary of Commerce, and the
Federal Energy
Regulatory Commission, shall carry out a program of research,
development,
demonstration, and commercial application to accelerate the
introduction of marine and
hydrokinetic
renewable energy production into the United States energy supply,
giving priority to fostering accelerated research, development, and
commercialization of technology, including programs—
(1) to assist
technology development to improve the components, processes, and
systems used
for power generation from marine and hydrokinetic renewable energy
resources;
(2) to establish
critical testing infrastructure necessary—
(A) to cost
effectively and efficiently test and prove marine and hydrokinetic
renewable
energy devices; and
(B) to accelerate the
technological readiness and commercialization of those devices;
(3) to support
efforts to increase the efficiency of energy conversion, lower the
cost,
increase the use, improve the reliability, and demonstrate the
applicability of
marine and hydrokinetic renewable energy technologies by
participating in
demonstration projects;
(4) to investigate
variability issues and the efficient and reliable integration of
marine and
hydrokinetic renewable energy with the utility grid;
(5) to identify and
study critical short- and long-term needs to create a sustainable
marine and
hydrokinetic renewable energy supply chain based in the United
States;
(6) to increase the
reliability and survivability of marine and hydrokinetic renewable
energy
technologies;
(7) to verify the
performance, reliability, maintainability, and cost of new marine
and
hydrokinetic renewable energy device designs and system components
in an
operating environment;
(8) to coordinate and
avoid duplication of activities across programs of the Department
and other
applicable Federal agencies, including National Laboratories and to
coordinate public-private collaboration in all programs under this
section;
(9) to identify
opportunities for joint research and development programs and
development of
economies of scale between—
(A) marine and
hydrokinetic renewable energy technologies; and
(B) other renewable
energy and fossil energy programs, offshore oil and gas production
activities,
and activities of the Department of Defense; and
(10) to support
in-water technology development with international partners using
existing
cooperative procedures (including memoranda of understanding)—
(A) to allow
cooperative funding and other support of value to be exchanged and
leveraged;
and
(B) to encourage the
participation of international research centers and companies
within
the United
States and the participation of United States research centers and
companies in international
projects.
.
103.
National
Marine Renewable Energy Research, Development, and Demonstration
Centers
Section 634 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is amended
by
striking subsection (b) and inserting the following:
(b)
Purposes
A Center (in coordination with the Department and National
Laboratories)
shall—
(1) advance research,
development, demonstration, and commercial application of marine
and
hydrokinetic renewable energy technologies;
(2) support in-water
testing and demonstration of marine and hydrokinetic renewable
energy
technologies, including facilities capable of testing—
(A) marine and
hydrokinetic renewable energy systems of various technology
readiness levels
and scales;
(B) a variety of
technologies in multiple test berths at a single location; and
(C) arrays of
technology devices; and
(3) serve as
information clearinghouses for the marine and hydrokinetic
renewable energy
industry by collecting and disseminating information on best
practices in all
areas relating to developing and managing marine and hydrokinetic
renewable
energy resources and energy
systems.
.
104.
Authorization
of appropriations
Section 636
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) is
amended by striking 2008 through 2012 and inserting 2015
through 2018.
II
Marine and
hydrokinetic renewable energy regulatory efficiency
201.
Marine and
hydrokinetic renewable energy projects and facilities
Part I of the Federal Power Act (16 U.S.C.
792 et seq.) is amended by adding at the end the following:
34.
Pilot license
for marine and hydrokinetic renewable energy projects
(a)
Definition of
hydrokinetic pilot project
(1)
In
general
In this section, the term hydrokinetic pilot
project means a facility that generates energy from—
(A) waves, tides, or
currents in an ocean, estuary, or tidal area; or
(B) free-flowing
water in a river, lake, or stream.
(2)
Exclusions
The
term hydrokinetic pilot project does not include a project that
uses a dam or other impoundment for electric power purposes.
(b)
Pilot licenses
authorized
The Commission may issue a pilot license to construct,
operate, and maintain a hydrokinetic pilot project that meets the
criteria
listed in subsection (c).
(c)
License
criteria
The Commission may issue a pilot license for a
hydrokinetic pilot project if the project—
(1) will have an
installed capacity of not more than 10 megawatts;
(2) is for a term of
not more than 10 years;
(3) will not cause a
significant adverse environmental impact or interfere with
navigation;
(4) is removable and
can shut down on reasonable notice in the event of a significant
adverse
safety, navigation, or environmental impact;
(5) can be removed,
and the site can be restored, by the end of the license term,
unless the
project has obtained a new license or the Commission has
determined, based on
substantial evidence, that the project should not be removed
because it would
be preferable for environmental or other reasons not to; and
(6) is primarily for
the purpose of—
(A) testing new
hydrokinetic technologies, both single devices and in arrays of
devices;
(B) locating
appropriate sites for new hydrokinetic technologies; or
(C) determining the
environmental and other effects of a hydrokinetic technology.
(d)
Lead
agency
In carrying out this section, the Commission shall act as
the lead agency—
(1) to coordinate all
applicable Federal authorizations; and
(2) to comply with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(e)
Schedule
goals
(1)
In
general
Not later than 30 days after the date on which the
Commission receives a completed application, and following
consultation with
Federal, State, and local agencies with jurisdiction over the
hydrokinetic
pilot project, the Commission shall develop and issue pilot license
approval
process scheduling goals that cover all Federal, State, and local
permits
required by law.
(2)
Compliance
Applicable
Federal, State, and local agencies shall comply with the goals
established
under paragraph (1) to the maximum extent practicable, consistent
with
applicable law.
(3)
1-year
goal
It shall be the goal of the Commission and the other
applicable agencies to complete the pilot license process by not
later than 1
year after the date on which the Commission receives the completed
application.
(f)
Size
limitation
For
proposed projects located in an estuary, tidal area, river, lake,
or stream,
the Commission shall determine the size limit on a case-by-case
basis, taking
into account all relevant factors.
(g)
Extensions
authorized
On application by a project, the Commission may make a
1-time extension of a pilot license for a term not to exceed 5
years.
.
December 10, 2014Reported with an amendment