,,ii ,calendar ,no4 #fcd #aacth ,,congress #b;d ,session ,s4 #adai ,report ,no4 #aac-bid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac,mr4 ,wyden 7for himself1 ,ms4 ,murkowski1 ,mr4 ,king1 ,mr4 ,merkley1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,december #aj1 #bjad,reported by ,ms4 ,landrieu1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to promote research1 development1 and demonstration of marine and hydrokinetic renewable energy technologies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,marine and ,hydrokinetic ,renewable ,energy ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,marine and hydrokinetic renewable energy technologies,sec4 #aja4 ,definition of marine and hydrokinetic renewable energy4,sec4 #ajb4 ,marine and hydrokinetic renewable energy research and development4,sec4 #ajc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers4,sec4 #ajd4 ,authorization of appropriations4,,title ,,ii--,marine and hydrokinetic renewable energy regulatory efficiency,sec4 #bja4 ,marine and hydrokinetic renewable energy projects and facilities4 ,i ,marine and hydrokinetic renewable energy technologies #aja4 ,definition of marine and hydrokinetic renewable energy ,section #fcb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbaa7 is amended in the matter preceding paragraph 7#a7 by striking electrical4 #ajb4 ,marine and hydrokinetic renewable energy research and development ,section #fcc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbab7 is amended to read as follows3 #fcc4 ,marine and hydrokinetic renewable energy research and development ,the ,secretary1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the ,federal ,energy ,regulatory ,commission1 shall carry out a program of research1 development1 demonstration1 and commercial application to expand marine and hydrokinetic renewable energy production1 including programs-- 7#a7 to assist technology development to improve the components1 processes1 and systems used for power generation from marine and hydrokinetic renewable energy resources2 7#b7 to establish critical testing infrastructure necessary-- 7,a7 to cost effectively and efficiently test and prove marine and hydrokinetic renewable energy devices2 and 7,b7 to accelerate the technological readiness and commercialization of those devices2 7#c7 to support efforts to increase the efficiency of energy conversion1 lower the cost1 increase the use1 improve the reliability1 and demonstrate the applicability of marine and hydrokinetic renewable energy technologies by participating in demonstration projects2 7#d7 to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy with the utility grid2 7#e7 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 ,states2 7#f7 to increase the reliability and survivability of marine and hydrokinetic renewable energy technologies1 including development of corrosion-resistant and anti-fouling materials2 7#g7 to verify the performance1 reliability1 maintainability1 and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment2 7#h7 to coordinate and avoid duplication of activities across programs of the ,department and other applicable ,federal agencies1 including ,national ,laboratories2 7#i7 to identify opportunities for joint research and development programs and development of economies of scale between-- 7,a7 marine and hydrokinetic renewable energy technologies2 and 7,b7 other renewable energy and fossil energy programs1 offshore oil and gas production activities1 and activities of the ,department of ,defense2 and 7#aj7 to support in-water technology development with international partners using existing cooperative procedures 7including memoranda of understanding7-- 7,a7 to allow cooperative funding and other support of value to be exchanged and leveraged2 and 7,b7 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 projects4 4 #ajc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers ,section #fcd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,purposes ,the ,centers 7in coordination with the ,department and ,national ,laboratories7 shall-- 7#a7 advance research1 development1 demonstration1 and commercial application of marine and hydrokinetic renewable energy technologies2 7#b7 support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies1 including facilities capable of testing-- 7,a7 marine and hydrokinetic renewable energy systems of various technology readiness levels and scales2 7,b7 a variety of technologies in multiple test berths at a single location2 and 7,c7 arrays of technology devices2 and 7#c7 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 systems4 4 #ajd4 ,authorization of appropriations ,section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae7 is amended by striking #bjjh through #bjab and inserting #bjad through #bjag4 ,,ii ,marine and hydrokinetic renewable energy regulatory efficiency #bja4 ,marine and hydrokinetic renewable energy projects and facilities ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cd4 ,pilot license for marine and hydrokinetic renewable energy projects 7a7 ,definition of hydrokinetic pilot project 7#a7 ,in general ,in this section1 the term hydrokinetic pilot project means a facility that generates energy from-- 7,a7 waves1 tides1 or currents in an ocean1 estuary1 or tidal area2 or 7,b7 free-flowing water in a river1 lake1 or stream4 7#b7 ,exclusions ,the term hydrokinetic pilot project does not include a project that uses a dam or other impoundment for electric power purposes4 7b7 ,pilot licenses authorized ,the ,commission may issue a pilot license to construct1 operate1 and maintain a hydrokinetic pilot project that meets the criteria listed in subsection 7c74 7c7 ,license criteria ,the ,commission may issue a pilot license for a hydrokinetic pilot project if the project-- 7#a7 will have an installed capacity of not more than #aj megawatts2 7#b7 is for a term of not more than #aj years2 7#c7 will not cause a significant adverse environmental impact or interfere with navigation2 7#d7 is removable and can shut down on reasonable notice in the event of a significant adverse safety1 navigation1 or environmental impact2 7#e7 can be removed1 and the site can be restored1 by the end of the license term1 unless the project has obtained a new license or the ,commission has determined1 based on substantial evidence1 that the project should not be removed because it would be preferable for environmental or other reasons not to2 and 7#f7 is primarily for the purpose of-- 7,a7 testing new hydrokinetic technologies2 7,b7 locating appropriate sites for new hydrokinetic technologies2 or 7,c7 determining the environmental and other effects of a hydrokinetic technology4 7d7 ,lead agency ,in carrying out this section1 the ,commission shall act as the lead agency-- 7#a7 to coordinate all applicable ,federal authorizations2 and 7#b7 to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,schedule goals 7#a7 ,in general ,not later than #cj days after the date on which the ,commission receives a completed application1 and following consultation with ,federal1 ,state1 and local agencies with jurisdiction over the hydrokinetic pilot project1 the ,commission shall develop and issue pilot license approval process scheduling goals that cover all ,federal1 ,state1 and local permits required by law4 7#b7 ,compliance ,applicable ,federal1 ,state1 and local agencies shall comply with the goals established under paragraph 7#a7 to the maximum extent practicable1 consistent with applicable law4 7#c7 #a-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 #a year after the date on which the ,commission receives the completed application4 7f7 ,size limitations 7#a7 ,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 #a square nautical mile4 7#b7 ,exception ,the ,commission1 at the discretion of the ,commission and for good cause1 may grant a pilot license for a project that covers a surface area of more than #a square nautical mile4 7#c7 ,limitation ,for proposed projects located in an estuary1 tidal area1 river1 lake1 or stream1 the ,commission shall determine the size limit on a case-by-case basis1 taking into account all relevant factors4 7g7 ,extensions authorized ,on application by a project1 the ,commission may make a #a-time extension of a pilot license for a term not to exceed #e years4 4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,marine and ,hydrokinetic ,renewable ,energy ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,marine and hydrokinetic renewable energy technologies,sec4 #aja4 ,definition of marine and hydrokinetic renewable energy4,sec4 #ajb4 ,marine and hydrokinetic renewable energy research and development4,sec4 #ajc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers4,sec4 #ajd4 ,authorization of appropriations4,,title ,,ii--,marine and hydrokinetic renewable energy regulatory efficiency,sec4 #bja4 ,marine and hydrokinetic renewable energy projects and facilities4 ,i ,marine and hydrokinetic renewable energy technologies #aja4 ,definition of marine and hydrokinetic renewable energy ,section #fcb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbaa7 is amended in the matter preceding paragraph 7#a7 by striking electrical4 #ajb4 ,marine and hydrokinetic renewable energy research and development ,section #fcc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbab7 is amended to read as follows3 #fcc4 ,marine and hydrokinetic renewable energy research and development ,the ,secretary1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the ,federal ,energy ,regulatory ,commission1 shall carry out a program of research1 development1 demonstration1 and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production into the ,united ,states energy supply1 giving priority to fostering accelerated research1 development1 and commercialization of technology1 including programs-- 7#a7 to assist technology development to improve the components1 processes1 and systems used for power generation from marine and hydrokinetic renewable energy resources2 7#b7 to establish critical testing infrastructure necessary-- 7,a7 to cost effectively and efficiently test and prove marine and hydrokinetic renewable energy devices2 and 7,b7 to accelerate the technological readiness and commercialization of those devices2 7#c7 to support efforts to increase the efficiency of energy conversion1 lower the cost1 increase the use1 improve the reliability1 and demonstrate the applicability of marine and hydrokinetic renewable energy technologies by participating in demonstration projects2 7#d7 to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy with the utility grid2 7#e7 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 ,states2 7#f7 to increase the reliability and survivability of marine and hydrokinetic renewable energy technologies2 7#g7 to verify the performance1 reliability1 maintainability1 and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment2 7#h7 to coordinate and avoid duplication of activities across programs of the ,department and other applicable ,federal agencies1 including ,national ,laboratories and to coordinate public-private collaboration in all programs under this section2 7#i7 to identify opportunities for joint research and development programs and development of economies of scale between-- 7,a7 marine and hydrokinetic renewable energy technologies2 and 7,b7 other renewable energy and fossil energy programs1 offshore oil and gas production activities1 and activities of the ,department of ,defense2 and 7#aj7 to support in-water technology development with international partners using existing cooperative procedures 7including memoranda of understanding7-- 7,a7 to allow cooperative funding and other support of value to be exchanged and leveraged2 and 7,b7 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 projects4 4 #ajc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers ,section #fcd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,purposes ,a ,center 7in coordination with the ,department and ,national ,laboratories7 shall-- 7#a7 advance research1 development1 demonstration1 and commercial application of marine and hydrokinetic renewable energy technologies2 7#b7 support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies1 including facilities capable of testing-- 7,a7 marine and hydrokinetic renewable energy systems of various technology readiness levels and scales2 7,b7 a variety of technologies in multiple test berths at a single location2 and 7,c7 arrays of technology devices2 and 7#c7 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 systems4 4 #ajd4 ,authorization of appropriations ,section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae7 is amended by striking #bjjh through #bjab and inserting #bjae through #bjah4 ,,ii ,marine and hydrokinetic renewable energy regulatory efficiency #bja4 ,marine and hydrokinetic renewable energy projects and facilities ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cd4 ,pilot license for marine and hydrokinetic renewable energy projects 7a7 ,definition of hydrokinetic pilot project 7#a7 ,in general ,in this section1 the term hydrokinetic pilot project means a facility that generates energy from-- 7,a7 waves1 tides1 or currents in an ocean1 estuary1 or tidal area2 or 7,b7 free-flowing water in a river1 lake1 or stream4 7#b7 ,exclusions ,the term hydrokinetic pilot project does not include a project that uses a dam or other impoundment for electric power purposes4 7b7 ,pilot licenses authorized ,the ,commission may issue a pilot license to construct1 operate1 and maintain a hydrokinetic pilot project that meets the criteria listed in subsection 7c74 7c7 ,license criteria ,the ,commission may issue a pilot license for a hydrokinetic pilot project if the project-- 7#a7 will have an installed capacity of not more than #aj megawatts2 7#b7 is for a term of not more than #aj years2 7#c7 will not cause a significant adverse environmental impact or interfere with navigation2 7#d7 is removable and can shut down on reasonable notice in the event of a significant adverse safety1 navigation1 or environmental impact2 7#e7 can be removed1 and the site can be restored1 by the end of the license term1 unless the project has obtained a new license or the ,commission has determined1 based on substantial evidence1 that the project should not be removed because it would be preferable for environmental or other reasons not to2 and 7#f7 is primarily for the purpose of-- 7,a7 testing new hydrokinetic technologies1 both single devices and in arrays of devices2 7,b7 locating appropriate sites for new hydrokinetic technologies2 or 7,c7 determining the environmental and other effects of a hydrokinetic technology4 7d7 ,lead agency ,in carrying out this section1 the ,commission shall act as the lead agency-- 7#a7 to coordinate all applicable ,federal authorizations2 and 7#b7 to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,schedule goals 7#a7 ,in general ,not later than #cj days after the date on which the ,commission receives a completed application1 and following consultation with ,federal1 ,state1 and local agencies with jurisdiction over the hydrokinetic pilot project1 the ,commission shall develop and issue pilot license approval process scheduling goals that cover all ,federal1 ,state1 and local permits required by law4 7#b7 ,compliance ,applicable ,federal1 ,state1 and local agencies shall comply with the goals established under paragraph 7#a7 to the maximum extent practicable1 consistent with applicable law4 7#c7 #a-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 #a year after the date on which the ,commission receives the completed application4 7f7 ,size limitation ,for proposed projects located in an estuary1 tidal area1 river1 lake1 or stream1 the ,commission shall determine the size limit on a case-by-case basis1 taking into account all relevant factors4 7g7 ,extensions authorized ,on application by a project1 the ,commission may make a #a-time extension of a pilot license for a term not to exceed #e years4 4 ,december #aj1 #bjad,reported with an amendment