,,ii #aahth ,,congress #b;d ,session ,s4 #edda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #e1 #bjbd,mr4 ,whitehouse introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for offshore wind energy development1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,create ,offshore ,leadership and ,livelihood ,alignment ,by ,operating ,responsibly ,and ,together for the ,environment ,act or the ,,collaborate ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,offshore wind,sec4 #aja4 ,definitions4,subtitle ,a--,offshore wind leadership and coordination,sec4 #aaa4 ,offshore ,wind ,transmission ,task ,force4,subtitle ,b--,offshore wind generation and leasing,sec4 #aba4 ,offshore wind generation and leasing4,sec4 #abb4 ,offshore wind lease auctions4,sec4 #abc4 ,offshore wind permitting and authorizations4,subtitle ,c--,offshore wind transmission,sec4 #aca4 ,offshore wind transmission research and development4,sec4 #acb4 ,offshore wind transmission planning4,sec4 #acc4 ,offshore wind transmission siting1 permitting1 and authorizations4,sec4 #acd4 ,reliability standards for offshore transmission4,sec4 #ace4 ,inclusion of offshore wind energy in interregional transmission planning4,sec4 #acf4 ,coastal ,state integration of offshore wind energy4,subtitle ,d--,miscellaneous,sec4 #ada4 ,judicial review4,,title ,,ii--,fisheries,sec4 #bja4 ,offshore ,wind ,energy ,fisheries ,compensation ,fund4,sec4 #bjb4 ,fishermen's ,contingency ,fund4,sec4 #bjc4 ,grant program for research on the impacts of offshore wind development on fisheries resources4,sec4 #bjd4 ,offshore ,wind and ,fisheries ,coexistence ,fund4 ,i ,offshore wind #aja4 ,definitions ,in this title3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,applicant ,the term applicant means an offshore wind lessee or the representative of an offshore wind lessee that submits or is planning to submit to the ,secretary a construction and operations plan for an offshore wind project4 7#c7 ,backbone line ,the term backbone line means a transmission line that connects multiple offshore transmission substations4 7#d7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#e7 ,call area ,the term call area means an area on the outer ,continental ,shelf that-- 7,a7 is identified by the ,secretary as potentially suitable for offshore wind energy development2 and 7,b7 is designated as a call area by the ,secretary4 7#f7 ,draft offshore wind energy area ,the term draft offshore wind energy area means an area that-- 7,a7 is within a call area2 and 7,b7 may be designated as a ,wind ,energy ,area by the ,secretary4 7#g7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#h7 ,federal authorization 7,a7 ,in general ,the term ,federal authorization means any authorization required under ,federal law in order to site an offshore wind transmission facility4 7,b7 ,inclusions ,the term ,federal authorization includes such permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law in order to site an offshore wind transmission facility4 7#i7 ,independent ,system ,operator ,the term ,independent ,system ,operator has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#aj7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#aa7 ,meshed network 7,a7 ,in general ,the term meshed network means a networked configuration of power conditioning equipment that allows more than #a path to transmit offshore wind energy to the onshore electric grid1 including-- 7i7 between #a or more offshore transmission substations2 and 7ii7 from #a or more offshore transmission substations to #b or more onshore substations4 7,b7 ,inclusions ,a meshed network may include a combination of radial lines and backbone lines4 7#ab7 ,offshore wind energy area ,the term offshore wind energy area means an area that-- 7,a7 is within a call area2 and 7,b7 is designated as a ,wind ,energy ,area by the ,secretary4 7#ac7 ,offshore wind generation facility ,the term offshore wind generation facility means a facility that-- 7,a7 is located on the outer ,continental ,shelf2 and 7,b7 produces electric energy by the use1 as a primary energy source1 of wind energy4 7#ad7 ,offshore wind transmission facility 7,a7 ,in general ,the term offshore wind transmission facility means a facility such as a line or cable1 and any related infrastructure or equipment1 such as a substation or converter station1 that is used for the transmission of electric energy-- 7i7 between #b or more offshore wind generation facilities1 including-- 7,i7 offshore wind generation facilities within a single offshore wind project2 and 7,,ii7 offshore wind generation facilities in different offshore wind projects2 or 7ii7 between #a or more offshore wind generation facilities and an interconnection with an onshore electric grid4 7,b7 ,inclusions ,the term offshore wind transmission facility includes a radial line1 a backbone line1 and any transmission line4 7#ae7 ,optimal point of interconnection ,the term optimal point of interconnection means a point of interconnection that minimizes-- 7,a7 delays2 7,b7 local impacts2 and 7,c7 the need for grid upgrades4 7#af7 ,outer ,continental ,shelf ,the term outer ,continental ,shelf has the meaning given the term in section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca74 7#ag7 ,planning area ,the term planning area means a planning area described in the document entitled #bjai-bjbd ,national ,,ocs ,oil and ,gas ,leasing ,draft ,proposed ,program and dated ,january #bjah 7or a subsequent oil and gas leasing program developed under section #ah of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdd774 7#ah7 ,radial line ,the term radial line means a transmission line that is used to link #a or more offshore wind projects to the bulk-power system4 7#ai7 ,regional ,transmission ,organization ,the term ,regional ,transmission ,organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#bj7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#ba7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#bb7 ,state ,the term ,state has the meaning given the term in section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca74 7#bc7 ,tribal organization ,the term ,tribal organization means-- 7,a7 a ,tribal organization 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 and 7,b7 a ,native ,hawaiian organization 7as defined in section #b of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja774 ,a ,offshore wind leadership and coordination #aaa4 ,offshore ,wind ,transmission ,task ,force 7a7 ,definition of ,offshore ,wind ,transmission ,task ,force ,in this section1 the term ,offshore ,wind ,transmission ,task ,force means1 as applicable-- 7#a7 the ,national ,offshore ,wind ,transmission ,task ,force established under subsection 7b77#a72 or 7#b7 a regional offshore wind transmission task force established under subsection 7b77#b74 7b7 ,establishment 7#a7 ,national task force ,subject to paragraph 7#b71 not later than #abj days after the date of enactment of this ,act1 the ,secretary shall establish and chair a national task force1 to be known as the ,national ,offshore ,wind ,transmission ,task ,force1 to coordinate-- 7,a7 the siting and development of offshore wind transmission facilities2 and 7,b7 the alignment of the review and authorization processes for offshore wind transmission development1 including with respect to projects and activities at the ,federal and ,state levels4 7#b7 ,regional task forces 7,a7 ,in general ,the ,secretary may establish1 if the ,secretary determines appropriate1 in lieu of a national task force under paragraph 7#a71 #a or more regional offshore wind transmission task forces to coordinate the matters described in subparagraphs 7,a7 and 7,b7 of that paragraph in particular regions1 which may include leveraging relevant ,intergovernmental ,renewable ,energy ,task ,forces of the ,bureau of ,ocean ,energy ,management4 7,b7 ,chair ,the ,secretary shall select a chair for each regional task force established under subparagraph 7,a71 which may be the head of a regional office of the ,bureau of ,ocean ,energy ,management or any other staff member from such regional office1 if the ,secretary determines appropriate4 7c7 ,members ,an ,offshore ,wind ,transmission ,task ,force shall include-- 7#a7 members representing relevant ,federal agencies1 including-- 7,a7 the ,department of ,energy2 7,b7 the ,department of the ,interior1 including-- 7i7 the ,bureau of ,ocean ,energy ,management2 7ii7 the ,bureau of ,safety and ,environmental ,enforcement2 7iii7 the ,bureau of ,indian ,affairs2 and 7iv7 the ,united ,states ,fish and ,wildlife ,service2 7,c7 the ,department of ,defense2 7,d7 the ,department of ,commerce1 including the ,national ,oceanic and ,atmospheric ,administration2 7,e7 the ,environmental ,protection ,agency2 7,f7 the ,federal ,energy ,regulatory ,commission2 7,g7 the ,corps of ,engineers2 7,h7 the ,national ,science ,foundation2 7,i7 the ,coast ,guard2 7,j7 the ,maritime ,administration2 7,k7 the ,national ,aeronautics and ,space ,administration2 and 7,l7 any other ,federal agency that the ,secretary determines to be appropriate2 7#b7 members representing relevant ,state governments1 which may include representatives of relevant ,state agencies1 such as public utility commissions or public service commissions1 as determined by the ,secretary2 and 7#c7 members representing relevant ,indian ,tribes or ,tribal organizations4 7d7 ,focus ,in carrying out the duties described in subsection 7b71 an ,offshore ,wind ,transmission ,task ,force shall-- 7#a7 advise the ,secretary and the ,secretary of ,energy with respect to the identification of preferred routes for transmission cables and optimal points of interconnection under section #acb7;a71 including through the use of models that evaluate spatial suitability2 7#b7 advise the ,secretary on existing and future transmission availability in developing draft offshore wind energy areas2 7#c7 advise the ,secretary on matters relating to the rulemaking under section #acc7;b71 any other rulemaking relating to offshore transmission1 and regulatory efficiencies relating to offshore transmission2 7#d7 consider how grant funding1 such as grants provided under section #ejaeb of ,public ,law #aag-afi 7commonly known as the ,inflation ,reduction ,act of #bjbb7 7#db ,u4,s4,c4 #ahgae;a71 can help support development and siting of offshore transmission proposals and relevant onshore grid upgrades2 and 7#e7 consider how to support the domestic manufacturing of offshore wind transmission equipment1 including through support for memoranda of understanding between the ,federal ,government and ,states relating to the offshore wind supply chain1 such as the memorandum of understanding entitled ,memorandum of ,understanding by and among the ,united ,states ,department of ,energy1 the ,united ,states ,department of the ,interior1 the ,united ,states ,department of ,commerce1 and the ,united ,states ,department of ,transportation and the ,states of ,connecticut1 ,maine1 ,maryland1 ,massachusetts1 ,new ,hampshire1 ,new ,jersey1 ,new ,york1 ,north ,carolina1 and ,rhode ,island and dated ,september #bj1 #bjbc4 ,b ,offshore wind generation and leasing #aba4 ,offshore wind generation and leasing ,section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77 is amended by adding at the end the following3 7#aa7 ,offshore wind leasing 7,a7 ,definitions ,in this paragraph3 7i7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7ii7 ,draft offshore wind energy area ,the term draft offshore wind energy area has the meaning given the term in section #aja of the ,,collaborate ,act4 7iii7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #aja of the ,,collaborate ,act4 7iv7 ,offshore wind energy area ,the term offshore wind energy area has the meaning given the term in section #aja of the ,,collaborate ,act4 7v7 ,tribal organization ,the term ,tribal organization has the meaning given the term in section #aja of the ,,collaborate ,act4 7,b7 ,in general 7i7 ,leasing schedule for offshore wind energy generation 7,i7 ,in general ,the ,secretary1 in accordance with clause 7ii71 shall publish1 periodically update1 and issue public notice with respect to1 a #e-year schedule of areas in which an offshore wind energy area may be available for leasing in the future for purposes of offshore wind energy generation4 7,,ii7 ,requirements ,a leasing schedule published under subclause 7,i7 shall-- 7aa7 be reviewed1 and1 as determined by the ,secretary to be necessary1 updated not less frequently than once every #b years2 7bb7 to the maximum extent practicable1 indicate-- 7,,aa7 the timing of area identification activities2 7,,bb7 the timing of designation of any area to be leased within the applicable area2 and 7,,cc7 the timing of each lease sale2 and 7cc7 provide an update on the status of each existing offshore wind energy area4 7ii7 ,liaisons 7,i7 ,in general ,subject to subclause 7,,iii71 for each area identified in a lease schedule published under clause 7i77,i7 or for each research lease granted by the ,bureau of ,ocean ,energy ,management1 the ,secretary and the ,administrator shall each appoint a designated liaison from their agencies to conduct outreach to potentially affected groups1 including-- 7aa7 ,states2 7bb7 local communities2 7cc7 fishermen2 7dd7 ,indian ,tribes and ,tribal organizations2 and 7ee7 other potentially affected groups1 as determined by the ,secretary and the ,administrator4 7,,ii7 ,discontinuance ,for each area identified in a lease schedule published under clause 7i77,i71 the ,secretary and the ,administrator may discontinue a designated liaison if1 following a request for information and call for interest1 there is no commercial interest in offshore wind in the applicable area4 7,,iii7 ,exception ,this clause shall not apply to a draft offshore wind energy area on the outer ,continental ,shelf existing prior to the date of enactment of the ,,collaborate ,act4 7iii7 ,area impact study 7,i7 ,in general ,beginning #b years after the date of enactment of the ,,collaborate ,act1 for each area included in a lease schedule published under clause 7i77,i71 the ,secretary shall-- 7aa7 conduct an area impact study to evaluate the potential impact on the human1 marine1 and coastal environments of the development of wind energy in that area1 in order to inform the identification of draft offshore wind energy areas in that area2 and 7bb7 provide an opportunity for public comment for not less than #cj days4 7,,ii7 ,considerations ,in carrying out an area impact study under subclause 7,i71 the ,secretary may-- 7aa7 consider the compatibility of development of offshore wind energy in the applicable area with regional and ,state climate1 energy1 and conservation planning2 7bb7 use information from available assessments from the ,national ,oceanic and ,atmospheric ,administration1 such as integrated ecosystem assessments2 7cc7 identify areas for which there is insufficient science1 mapping1 and data2 and 7dd7 undertake additional data collection efforts where science1 mapping1 and data are found to be insufficient4 7,,iii7 ,methods ,in carrying out an area impact study under subclause 7,i71 the ,secretary shall incorporate and use the best available existing science and data1 including1 at a minimum1 appropriate suitability models such as the spatial suitability models developed by the ,national ,centers for ,coastal ,ocean ,science of the ,national ,oceanic and ,atmospheric ,administration4 7,,iv7 ,use of data and assessments 7aa7 ,in general ,the ,secretary may use the data and assessments from area impact studies conducted under this clause in determining which portions of an area or region the ,secretary should be made available for leasing4 7bb7 ,other agencies ,to the extent practicable and as applicable1 other ,federal agencies may consider the data and assessments from area impact studies conducted under this clause in making permitting and authorization decisions4 7,v7 ,,nepa applicability ,an area impact study conducted by the ,secretary under subclause 7,i7 shall not be considered a major ,federal action4 7,,vi7 ,consultation and support ,in conducting an area impact study under subclause 7,i71 the ,secretary may consult with1 and request assistance from1 other ,federal agencies4 7,,vii7 ,study duration ,an area impact study conducted under subclause 7,i7 shall be completed in not more than #b years4 7iv7 ,grants for capacity building and community engagement 7,i7 ,in general ,on commencement of an area impact study under clause 7iii71 the ,secretary1 in collaboration with the ,administrator1 may award capacity grants to relevant individuals and entities in the applicable region to enhance engagement opportunities relating to environmental reviews1 permitting activities1 or other authorizations4 7,,ii7 ,purposes ,grants awarded under this clause shall be for-- 7aa7 enabling ,states1 ,indian ,tribes1 ,tribal organizations1 fishermen1 universities1 and nonprofit organizations that represent the fishing industry or other potentially affected communities and ocean users to compile data1 conduct impartial analyses1 objectively educate groups and communities1 and complete other activities relating to offshore wind environmental reviews1 permits1 and consultations2 7bb7 engaging in planning activities and in the development of offshore wind for the purposes of-- 7,,aa7 determining potential economic1 social1 public health1 cultural1 and environmental impacts2 and 7,,bb7 identifying opportunities to mitigate those potentially negative impacts2 7cc7 facilitating wind energy siting2 and 7dd7 training1 hiring of personnel1 and other activities designed to increase the capacity of ,states1 ,indian ,tribes1 ,tribal organizations1 universities1 and nonprofit organizations1 as applicable1 to carry out activities described in items 7aa7 through 7cc74 7,,iii7 ,capacity grant funding ,there is authorized to be appropriated to the ,secretary to carry out this clause #be1jjj1jjj for each of fiscal years #bjbf through #bjcj1 of which not less than #b percent shall be allocated each fiscal year for use by ,indian ,tribes and ,tribal organizations4 7v7 ,identification of draft offshore wind energy areas 7,i7 ,in general ,taking into account the results of public and group engagement and the call for interest under clause 7ii71 any applicable area impact study under clause 7iii71 any community engagement activities under clause 7iv71 and other factors as determined by the ,secretary1 the ,secretary may identify an area as a draft offshore wind energy area4 7,,ii7 ,factors for consideration ,in identifying draft offshore wind energy areas under subclause 7,i71 the ,secretary shall consider-- 7aa7 potential power capacity2 7bb7 commercial viability2 7cc7 existing and future onshore and offshore transmission availability and capacity2 7dd7 conflicts with other potential ocean uses1 resources1 and users2 7ee7 prevailing wind direction and minimal wake effects2 7ff7 distance to shore port infrastructure2 and 7gg7 other requirements under paragraph 7#d74 7,,iii7 ,collaboration ,for purposes relating to the identification of draft offshore wind energy areas1 the ,secretary and the ,administrator shall-- 7aa7 engage potentially affected groups identified under clause 7ii77,i72 and 7bb7 consult with-- 7,,aa7 relevant ,intergovernmental ,renewable ,energy ,task ,forces established by the ,secretary2 7,,bb7 relevant regional ocean partnerships2 7,,cc7 fishery management councils2 and 7,,dd7 interstate fisheries commissions4 7vi7 ,coexistence fund ,activities described in subsection 7b77#a7 of section #bjd of the ,,collaborate ,act that are carried out in an area for which a leasing schedule is published under clause 7i77,i7 shall be eligible for funding provided from the ,offshore ,wind and ,fisheries ,coexistence ,fund established by subsection 7a77#a7 of that section4 7vii7 ,fisheries mitigation compensation ,the ,secretary1 acting through the ,director of the ,bureau of ,ocean ,energy ,management1 shall require offshore wind lease holders to include fisheries compensation as part of the leasing process for offshore wind energy1 in accordance with section #cd7;b74 4 #abb4 ,offshore wind lease auctions 7a7 ,in general ,in awarding an offshore wind lease under section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p771 the ,secretary may offer bidding credits for nonmonetary factors and commitments made by the bidder-- 7#a7 to support or increase access to registered apprenticeship programs and pre-apprenticeship programs that have an articulation agreement with a registered apprenticeship program for offshore wind energy projects2 7#b7 to support development of domestic supply chains for offshore wind projects1 including development of ports and other energy infrastructure necessary to facilitate offshore wind energy projects2 7#c7 to establish with #a or more communities or groups that may be potentially impacted by a proposed project1 which may include eligible entities 7as determined by the ,secretary71 a community benefit agreement that-- 7,a7 may include workforce agreements1 project labor agreements1 grants1 and nonmonetary investments2 and 7,b7 prioritizes legally binding agreements described in subparagraph 7,a72 7#d7 to make investments to evaluate1 monitor1 improve1 and mitigate impacts to the health and biodiversity of ecosystems and wildlife within the leased area1 to include relevant ecosystems and wildlife that could be impacted by the proposed offshore wind energy project2 7#e7 to use preferred cable routes identified under section #acb7;a72 and 7#f7 to make other investments1 as determined appropriate by the ,secretary4 7b7 ,bidding credit cap ,in a leasing bid under subsection 7a71 the combined value of bidding credits for any non-monetary factors or commitments shall not exceed #be percent of the bid amount for the lease area4 7c7 ,requirements ,section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,requirements ,the ,secretary shall ensure that any activity under this subsection is carried out in a manner that provides for a balance of-- 7,a7 safety2 7,b7 the protection of the environment2 7,c7 the prevention of waste2 7,d7 the conservation of the natural resources of the outer ,continental ,shelf2 7,e7 coordination with relevant ,federal agencies and ,tribal1 ,state1 and local governments2 7,f7 the protection of the national security interests of the ,united ,states1 including energy security2 7,g7 the protection of correlative rights in the outer ,continental ,shelf1 including the energy generation potential of other offshore renewable energy leases2 7,h7 a fair return to the ,united ,states for any lease1 easement1 or right-of-way under this subsection2 7,i7 prevention of unreasonable interference with other uses of the exclusive economic zone1 the high seas1 and the territorial seas1 as determined by the ,secretary2 7,j7 consideration of-- 7i7 the location of1 and any schedule relating to1 a lease1 easement1 or right-of-way for an area of the outer ,continental ,shelf2 and 7ii7 any other use of the sea or seabed1 including use for a fishery or fishery survey1 a sealane1 a regional coastal observing system or other scientific observation platform such as a buoy1 a potential site of a deepwater port1 or navigation2 7,k7 public notice and comment on any proposal submitted for a lease1 easement1 or right-of-way under this subsection2 7,l7 the oversight1 inspection1 research1 monitoring1 and enforcement relating to a lease1 easement1 or right-of-way under this subsection2 and 7,m7 the consideration of any applicable ,federal1 ,tribal1 and ,state renewable energy mandates1 targets1 and goals4 4 7d7 ,project manager 7#a7 ,in general ,for each offshore wind project within a lease awarded under section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p771 the ,secretary1 the ,administrator1 and the ,secretary of the ,army1 acting through the ,chief of ,engineers1 shall each assign a designated project manager to oversee1 commensurate with agency authorities1 the offshore wind project from the point of award through the end of the construction process4 7#b7 ,coordination and collaboration ,a project manager designated under paragraph 7#a7 shall coordinate and collaborate with the applicable project coordinator from the ,bureau of ,ocean ,energy ,management for the project4 7e7 ,site control ,the offshore wind lease holder under this section shall be considered to have site control for purposes of submitting an interconnection request in accordance with the pro forma ,large ,generator ,interconnection ,procedures of the ,federal ,energy ,regulatory ,commission promulgated pursuant to section #ce4bh7;f7 of title #ah1 ,code of ,federal ,regulations 7or successor regulations74 #abc4 ,offshore wind permitting and authorizations 7a7 ,construction and operations plan requirements ,the ,secretary shall require a construction and operations plan for an offshore wind energy generation project submitted for review and approval under the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq471 to include-- 7#a7 a list of-- 7,a7 all agencies that the applicant consulted with prior to submission of the construction and operations plan1 such as-- 7i7 the ,military ,aviation and ,installation ,assurance ,siting ,clearinghouse of the ,department of ,defense2 7ii7 the ,national ,oceanic and ,atmospheric ,administration2 7iii7 the ,united ,states ,fish and ,wildlife ,service2 7iv7 the ,coast ,guard2 7v7 the ,corps of ,engineers2 7vi7 the ,national ,park ,service2 and 7vii7 affected ,state government agencies2 7,b7 agency points of contact for each agency listed pursuant to subparagraph 7,a72 7,c7 the dates of meetings with any agencies listed pursuant to subparagraph 7,a72 7,d7 the outcomes of the meetings listed pursuant to subparagraph 7,c72 and 7,e7 all ,federal1 ,state1 ,tribal1 and local authorizations1 approvals1 consultations1 or permits required to conduct the proposed activities2 7#b7 a list cataloguing outreach to potentially affected groups2 7#c7 feedback received from potentially affected groups2 7#d7 a notation as to what feedback was incorporated into the plan and an explanation for feedback not incorporated2 and 7#e7 any other requirements1 as determined by the ,secretary4 7b7 ,outstanding agency authorizations ,all participating agencies shall issue a decision on all outstanding permits or authorizations not later than #aej days after the ,secretary issues the applicable record of decision4 7c7 ,coastal ,zone ,management ,act review ,state review under the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 shall commence as soon as practicable after the ,secretary issues a draft environmental impact statement4 ,c ,offshore wind transmission #aca4 ,offshore wind transmission research and development 7a7 ,voluntary design standards 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy 7referred to in this section as the ,secretary7 shall initiate the development of recommended network-ready design standards for offshore high-voltage alternating current and high-voltage direct current equipment for voluntary adoption and use by ,states and the ,federal ,government4 7#b7 ,coordination ,in developing recommended network-ready design standards under paragraph 7#a71 the ,secretary shall coordinate with-- 7,a7 the ,electric ,reliability ,organization2 7,b7 the ,federal ,energy ,regulatory ,commission2 7,c7 the ,bureau of ,ocean ,energy ,management2 7,d7 other relevant ,federal agencies1 as the ,secretary determines to be necessary2 7,e7 ,regional ,transmission ,organizations and ,independent ,system ,operators2 7,f7 the ,institute of ,electrical and ,electronics ,engineers2 and 7,g7 other organizations1 as the ,secretary determines necessary4 7b7 ,interoperability of offshore transmission infrastructure 7#a7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall conduct1 and publish on the website of the ,department of ,energy a report describing the results of1 a study that assesses the need to1 and challenges of1 developing and standardizing interoperable equipment and systems in support of shared offshore transmission networks1 including-- 7,a7 technologies and associated costs2 7,b7 timelines for development2 7,c7 parameters of equipment1 such as weight and size2 and 7,d7 compatibility of the technologies with fixed and floating offshore generation facilities4 7#b7 ,recommendations 7,a7 ,definition of seam ,in this paragraph1 the term seam means a shared geographic or economic boundary between-- 7i7 an onshore electric energy transmission system and an offshore electric energy transmission system2 or 7ii7 the transmission systems of #b or more offshore wind energy projects4 7,b7 ,interoperability across seams ,the study under paragraph 7#a7 may include recommendations for ,congress1 ,state1 ,tribal1 and local governments1 manufacturers of electric grid components1 systems1 and technologies1 ,regional ,transmission ,organizations1 ,independent ,system ,operators1 transmission planning regions 7as defined by the ,federal ,energy ,regulatory ,commission71 offshore renewable energy project developers1 and appropriate standards organizations to help ensure interoperability across seams4 7#c7 ,industry survey ,the ,secretary shall conduct1 and use to inform the study under paragraph 7#a71 an offshore wind industry survey that-- 7,a7 identifies any existing relevant interoperability standards2 and 7,b7 reviews common offshore wind transmission equipment ratings to identify gaps and issues of incompatibility4 7#d7 ,interoperability standard development program 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall establish and implement a program 7referred to in this paragraph as the program7 to identify1 develop1 support1 and document a standard for the interoperability of electric grid components1 systems1 and technologies to accelerate the implementation and delivery of electricity generated by offshore renewable energy projects through shared transmission infrastructure4 7,b7 ,goals ,the goals of developing an interoperability standard under the program shall be-- 7i7 to hasten adoption of shared transmission infrastructure for offshore electricity generation by encouraging cooperation among manufacturers of electric grid components1 systems1 or technologies1 for the purposes of-- 7,i7 maximizing interoperability among the systems1 products1 tools1 and applications of those manufacturers2 7,,ii7 reducing offshore renewable energy project delays and cost overruns2 7,,iii7 managing power grid complexity2 and 7,,iv7 enhancing grid resilience1 reliability1 and cybersecurity2 and 7ii7 to establish technical baseline requirements to effectively and securely measure1 monitor1 control1 and protect electricity generation and transmission infrastructure from the point of generation to the control center4 7,c7 ,financial assistance ,in carrying out the program1 the ,secretary may provide financial assistance to eligible entities 7as determined by the ,secretary7 to carry out activities that-- 7i7 engage equipment manufacturers and industry stakeholders in collaborative platforms1 including workshops and forums2 7ii7 identify current challenges and propose solutions to improve interoperability2 and 7iii7 develop an industry interoperability standard that meets the goals described in subparagraph 7,b7 for voluntary implementation4 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #e1jjj1jjj for fiscal year #bjbf1 to remain available until expended4 7c7 ,center of ,excellence for ,multiterminal ,high-,voltage ,direct ,current ,testing and ,certification 7#a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary shall establish1 as a public-private partnership between #a or more ,national ,laboratories and #a or more parties described in paragraph 7#b71 a center1 to be known as the ,center of ,excellence for ,multiterminal ,high-,voltage ,direct ,current ,testing and ,certification-- 7,a7 to test-- 7i7 high-voltage direct current components2 and 7ii7 interactions-- 7,i7 between high-voltage direct current components from different equipment manufacturers2 and 7,,ii7 between high-voltage direct current components and alternating current devices2 and 7,b7 to ensure the compatibility of different devices before installation4 7#b7 ,parties described ,a party referred to in paragraph 7#a7 is-- 7,a7 a member of the offshore wind industry2 7,b7 a high-voltage direct current equipment vendor2 7,c7 a transmission provider2 7,d7 a research university2 or 7,e7 any other relevant organization1 as the ,secretary determines to be appropriate4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ajj1jjj1jjj for fiscal year #bjbf1 to remain available until expended4 7d7 ,offshore wind transmission research and development 7#a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary shall establish a program for1 or modify an existing program to include1 the research1 development1 demonstration1 and deployment of offshore wind transmission technology1 including with respect to-- 7,a7 high-voltage direct current technology2 7,b7 offshore transmission1 including floating transmission components2 7,c7 transmission optimization through grid-enhancing technologies2 and 7,d7 capabilities of inverter-based resources1 including to increase the reliability and resilience of offshore and onshore transmission and the needed models1 data1 and tools4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program established under paragraph 7#a7 #ajj1jjj1jjj for each of fiscal years #bjbf through #bjcj4 #acb4 ,offshore wind transmission planning 7a7 ,identification of preferred routes 7#a7 ,initial identification ,not later than #b years after the date of enactment of this ,act1 the ,secretary and the ,secretary of ,energy 7referred to in this section as the ,secretaries71 in coordination with the applicable ,offshore ,wind ,transmission ,task ,force 7as defined in section #aaa7;a77 and relevant ,federal agencies involved in the permitting of offshore wind generation facilities and offshore wind transmission facilities1 shall identify preferred routes on the outer ,continental ,shelf for transmission cables and sub-seabed infrastructure 7where such routes have not yet been identified7-- 7,a7 between offshore wind generation facilities2 and 7,b7 between offshore wind generation facilities and optimal points of interconnection with onshore electric grids4 7#b7 ,periodic review ,not less frequently than once every #c years after the initial identification of preferred routes in accordance with paragraph 7#a71 the ,secretaries1 in coordination with the applicable ,offshore ,wind ,transmission ,task ,force 7as defined in section #aaa7;a77 and relevant ,federal agencies involved in the permitting of offshore wind generation facilities and offshore wind transmission facilities1 shall-- 7,a7 determine whether additional preferred routes are needed2 and 7,b7 if applicable1 identify any additional preferred routes4 7b7 ,considerations 7#a7 ,in general ,in identifying preferred routes under subsection 7a71 the ,secretaries shall take into account-- 7,a7 existing rights-of-way and existing sub-seabed infrastructure2 7,b7 the optimal points of interconnection between offshore wind generation facilities and onshore electric grids2 and 7,c7 impacts on the marine environment1 including critical habitats or protected areas1 marine organisms1 including protected or endangered species1 and other ocean users1 including fisheries4 7#b7 ,planning area studies ,not later than #a year after the date of enactment of this ,act1 and every #c years thereafter for so long as the ,secretary is developing new lease areas for offshore wind development for the applicable planning area1 the ,secretary of ,energy1 in coordination with the ,secretary1 shall conduct #a or more planning area studies for that planning area to determine the optimal locations for transmission cables in networked and backboned topologies1 which shall help to inform the identification of preferred routes under subsection 7a74 7#c7 ,consideration of studies ,in identifying preferred routes under subsection 7a71 the ,secretaries shall take into account1 as appropriate1 any applicable findings from-- 7,a7 the ,atlantic ,offshore ,wind ,transmission ,study carried out by the ,national ,renewable ,energy ,laboratory of the ,department of ,energy2 7,b7 any subsequent offshore transmission study carried out by the ,department of ,energy for the ,pacific ,region or the ,gulf of ,mexico2 and 7,c7 any other relevant offshore wind transmission study4 7c7 ,designation of ,offshore ,wind ,transmission ,corridors 7#a7 ,designation ,the ,secretary of ,energy shall designate each preferred route identified under subsection 7a7 as an ,offshore ,wind ,transmission ,corridor4 7#b7 ,effect of designation 7,a7 ,eligibility for ,,nietc funding 7i7 ,definition of national interest electric transmission corridor ,in this subparagraph1 the term national interest electric transmission corridor means a national interest electric transmission corridor designated by the ,secretary of ,energy under section #baf7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7a774 7ii7 ,eligibility for assistance ,notwithstanding any other provision of law1 including section #baf7;a7 the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7a77-- 7,i7 an ,offshore ,wind ,transmission ,corridor designated under paragraph 7#a7 shall be considered to be a national interest electric transmission corridor for purposes of any law under which the ,secretary of ,energy may provide financial or other assistance for a national interest electric transmission corridor or a facility within a national interest electric transmission corridor2 and 7,,ii7 pursuant to subclause 7,i71 an ,offshore ,wind ,transmission ,corridor designated under paragraph 7#a7 and a transmission facility described in clause 7iii7 shall be eligible for financial and other assistance provided by the ,secretary of ,energy1 including a direct loan or loan guarantee under section #ejaea of ,public ,law #aag-afi 7commonly known as the ,inflation ,reduction ,act of #bjbb7 7#db ,u4,s4,c4 #ahgae71 to the same extent as a national interest electric transmission corridor or facility within a national interest electric transmission corridor1 as applicable4 7iii7 ,transmission facility described 7,i7 ,in general ,a transmission facility referred to in clause 7ii77,,ii7 is any cable or other offshore wind transmission facility-- 7aa7 that is located entirely within an ,offshore ,wind ,transmission ,corridor2 7bb7 that utilizes at least #ej percent of the length of an ,offshore ,wind ,transmission ,corridor2 or 7cc7 with respect to which the ,secretary makes the discretionary determination described in subclause 7,,ii74 7,,ii7 ,discretionary determination ,at the discretion of the ,secretary1 the ,secretary may determine that a cable or other offshore wind transmission facility is a transmission facility referred to in clause 7ii77,,ii7 if the ,secretary determines that a majority of the cable or other transmission facility runs parallel to an ,offshore ,wind ,transmission ,corridor4 7iv7 ,savings provision ,clause 7ii7 does not-- 7,i7 alter or otherwise affect-- 7aa7 the authority of the ,federal ,energy ,regulatory ,commission under section #baf7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7b77 7commonly known as the backstop siting authority of the ,commission72 7bb7 the authority of the ,secretary of ,energy under subsection 7a7 or 7h7 of section #baf of that ,act 7#af ,u4,s4,c4 #hbdp72 or 7cc7 any other authority of a ,federal1 ,state1 local1 or ,tribal agency or authority1 or interstate compact1 with respect to a national interest electric transmission corridor2 or 7,,ii7 render an ,offshore ,wind ,transmission ,corridor subject to any authority described in subclause 7,i74 7,b7 ,transmission facilitation program ,notwithstanding any other provision of law1 a transmission cable in an ,offshore ,wind ,transmission ,corridor designated under paragraph 7#a7 shall be considered to be an eligible electric power transmission line 7as defined in section #djajf7;a7 of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgac7;a777 for purposes of that section4 7,c7 ,,doe program to fund survey work 7i7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy shall establish a program to provide funding for geotechnical and geophysical surveys and marine resource assessments relating to the siting of transmission cables or other offshore wind transmission facilities proposed to be located within an ,offshore ,wind ,transmission ,corridor4 7ii7 ,requirement ,funds provided under the program established under clause 7i7 shall be used for geotechnical and geophysical survey work to determine the suitability of #a or more locations1 including any potential route1 for a transmission cable or other offshore wind transmission facility within the applicable ,offshore ,wind ,transmission ,corridor4 7iii7 ,,nepa applicablility ,the provision of funds under the program established under clause 7i71 and the use of those funds in accordance with clause 7ii71 shall not be considered a major ,federal action 7as defined in section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e77 for purposes of that ,act 7#db ,u4,s4,c4 #dcba et seq474 7iv7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,energy to carry out this subsection #ajj1jjj1jjj for each of fiscal years #bjbe through #bjcj4 7d7 ,,nepa applicability ,the identification of preferred routes under subsection 7a7 and the designation of ,offshore ,wind ,transmission ,corridors under subsection 7c7 shall not be considered a major ,federal action 7as defined in section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e77 for purposes of that ,act 7#db ,u4,s4,c4 #dcba et seq474 #acc4 ,offshore wind transmission siting1 permitting1 and authorizations 7a7 ,lead agency 7#a7 ,in general ,with respect to an offshore wind transmission facility1 the ,department of the ,interior shall act as the lead agency for purposes of coordinating all applicable ,federal authorizations and related environmental reviews of the facility4 7#b7 ,deadlines and milestones ,as head of the lead agency1 the ,secretary shall establish prompt and binding intermediate milestones and ultimate deadlines for the review of1 and ,federal authorization decisions relating to1 the proposed facility4 7b7 ,rulemaking 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in coordination with other relevant ,federal agencies1 shall issue1 pursuant to section #e of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accd71 a final rule relating to ,federal authorizations for offshore wind transmission facilities4 7#b7 ,considerations ,in carrying out paragraph 7#a71 the ,secretary shall consider-- 7,a7 establishing #a or more procedures for soliciting information about existing and potential rights-of-way2 7,b7 establishing a process for determining interest in the use of #a or more rights-of-way1 including backboned or meshed rights-of-way2 7,c7 establishing a process for the issuance of rights-of-way1 on a competitive or noncompetitive basis1 as appropriate1 which may include consideration of whether a developer-- 7i7 has an award from a ,state via a competitive process2 7ii7 has an existing agreement to interconnect a transmission project2 or 7iii7 has submitted an interconnection request in accordance with the pro forma ,large ,generator ,interconnection ,procedures promulgated pursuant to section #ce4bh7;f7 of title #ah1 ,code of ,federal ,regulations 7or successor regulations72 7,d7 any requirements relating to environmental reviews for-- 7i7 independent transmission projects2 and 7ii7 transmission projects within existing rights-of-way2 and 7,e7 the requirements described in section #h7p77#d7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#d774 7c7 ,amendment ,section #h7p77#c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#c77 is amended-- 7#a7 by striking 1 the ,secretary shall issue a lease1 easement1 or right-of-way and inserting the following3 87#dc ,u4,s4,c4 #accg note2 ,public ,law #aji-eh71 the ,secretary-- 7,a7 shall issue a lease or easement 2 and 7#b7 in subparagraph 7,a7 7as so designated7-- 7,a7 by striking lease1 easement1 or right-of-way and inserting lease or easement2 and 7,b7 by striking the period at the end and inserting the following3 82 and 7,b7 may issue a right-of-way on a competitive or noncompetitive basis1 as the ,secretary determines to be appropriate4 4 #acd4 ,reliability standards for offshore transmission 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,reliability standard ,the term reliability standard has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7b7 ,requirement ,not later than #ij days after the date of enactment of this ,act1 the ,commission1 in accordance with section #bae7;d77#e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7d77#e771 shall order the ,electric ,reliability ,organization to file with the ,commission a reliability standard relating to planning for offshore transmission that evaluates and1 as necessary1 provides clarity with respect to-- 7#a7 credible multiple contingencies of subsea cables within a common corridor2 7#b7 credible multiple contingencies of high-voltage direct current bipole topologies with dedicated metallic return2 and 7#c7 generator definitions for large distributed energy generation plans composed of multiple individual generators within planning contingency standards4 #ace4 ,inclusion of offshore wind energy in interregional transmission planning 7a7 ,in general ,with respect to any interregional transmission planning described in subsection 7b71 and any rulemaking relating to that interregional transmission planning1 the ,federal ,energy ,regulatory ,commission 7referred to in this section as the ,commission7 shall require the consideration of-- 7#a7 multivalue cost allocation methodologies that evaluate the economic1 reliability1 and public policy benefits of a networked transmission system that incorporates offshore wind generation and transmission2 and 7#b7 the reliability1 resilience1 and resource adequacy of integrating offshore wind into transmission systems4 7b7 ,interregional transmission planning described ,the interregional transmission planning referred to in subsection 7a7 is any interregional transmission planning that the ,commission requires to be carried out by-- 7#a7 public utility transmission providers2 7#b7 ,regional ,transmission ,organizations2 7#c7 ,independent ,system ,operators2 or 7#d7 any combination of regions or entities described in paragraphs 7#a7 through 7#c74 #acf4 ,coastal ,state integration of offshore wind energy 7a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bb7 ,offshore wind integration 7,a7 ,definition of coastal ,state ,in this paragraph1 the term coastal ,state has the meaning given the term coastal state in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec74 7,b7 ,incorporation of offshore wind energy ,each coastal ,state shall-- 7i7 consider how to incorporate offshore wind generation and transmission into the electricity distribution system of the coastal ,state1 including-- 7,i7 the optimal points of interconnection 7as defined in section #aja of the ,,collaborate ,act71 including consideration of-- 7aa7 any ,offshore ,wind ,transmission ,corridors designated under section #acb7;c77#a7 of that ,act2 7bb7 any national interest electric transmission corridors designated under section #baf7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7a772 7cc7 existing or permitted transmission lines2 and 7dd7 the potential for retiring or aged fossil fuel plants to provide system capacity2 7,,ii7 onshore upgrades to facilitate interconnection2 7,,iii7 design standards to support a networked offshore transmission system1 including design standards developed under section #aca7;a7 of the ,,collaborate ,act2 7,,iv7 any identified points of interconnection in ,state transmission solicitations for procurement2 and 7,v7 ,state policies and procurement goals2 7ii7 modify integrated resource plans to account for-- 7,i7 the matters considered under clause 7i72 7,,ii7 existing single-source contingency limits2 7,,iii7 the adoption of the standard published by the ,institute of ,electrical and ,electronic ,engineers ,standards ,association entitled ,standard for ,interconnection and ,interoperability of ,inverter-,based ,resources ,interconnecting with ,associated ,transmission ,electric ,power ,systems and numbered ,,ieee #bhjj into utility interconnection requirements2 and 7,,iv7 the use of grid-enhancing technologies2 7iii7 establish design standards described in clause 7i77,,iii72 and 7iv7 incorporate the consideration of the matters described in clause 7i7 into ,state planning processes relating to electric energy transmission and distribution4 4 7b7 ,compliance 7#a7 ,time limitation ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended-- 7,a7 in paragraph 7#h71 by indenting subparagraph 7,b7 appropriately2 and 7,b7 by adding at the end the following3 7#i7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 with respect to each coastal ,state 7as defined in paragraph 7#bb77;,a7 of section #aaa7;d771 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority7 and each nonregulated electric utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#bb7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 with respect to each coastal ,state 7as defined in paragraph 7#bb77;,a7 of section #aaa7;d771 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility shall complete the consideration and make the determination under section #aaa with respect to the standard established by paragraph 7#bb7 of section #aaa7;d74 4 7#b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#bb7 of section #aaa7;d71 the reference contained in this subsection to the date of enactment of this ,act shall be deemed to be a reference to the date of enactment of that paragraph 7#bb744 7#c7 ,prior ,state actions 7,a7 ,in general ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended-- 7i7 in subsection 7h71 in the subsection heading1 by striking ,other2 and 7ii7 by adding at the end the following3 7i7 ,prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#bb7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7#a7 the ,state has implemented for the electric utility the standard 7or a comparable standard72 7#b7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard 7or a comparable standard7 for the electric utility2 or 7#c7 the ,state legislature has voted on the implementation of the standard 7or a comparable standard7 for the electric utility during the #c-year period ending on that date of enactment4 4 7,b7 ,cross reference ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#bb7 of section #aaa7;d71 the reference contained in this section to the date of enactment of this ,act shall be deemed to be a reference to the date of enactment of that paragraph 7#bb744 7c7 ,application to territories and ,freely ,associated ,states 7#a7 ,in general ,the requirements of sections #aaa7;d77#bb7 and #aab7;b77#i7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77#bb71 #bfbb7;b77#i771 and any related provisions of that ,act 7as amended by paragraph 7#b71 or subparagraph 7,a77ii7 or 7,b7 of paragraph 7#c71 of subsection 7b771 shall apply to each coastal ,state 7as defined in section #cjd of the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adec771 including the ,federated ,states of ,micronesia1 the ,republic of the ,marshall ,islands1 and the ,republic of ,palau1 as if those coastal ,states 7as so defined7 were included in the definition of the term ,state in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigi 7#af ,u4,s4,c4 #bfjb74 7#b7 ,savings provision ,nothing in this subsection alters or otherwise affects the application of any provision of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfja et seq47 not added or amended by-- 7,a7 subsection 7a72 7,b7 paragraph 7#a77;,b7 or 7#b7 of subsection 7b72 or 7,c7 subparagraph 7,a77ii7 or 7,b7 of subsection 7b77#c74 ,d ,miscellaneous #ada4 ,judicial review 7a7 ,in general ,section #bc7;c77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdi7;c77#b77 is amended by inserting 1 any issuance of a final lease1 easement1 or right-of-way pursuant to section #h7p77#a71 and any approval1 modification1 or disapproval of any plan for construction or operations on such a lease1 easement1 or right-of-way after under this ,act4 7b7 ,applicability ,the amendment made by subsection 7a7-- 7#a7 shall apply with respect to any action brought pursuant to section #bc7;c77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdi7;c77#b77 that is filed on or after the date of enactment of this ,act2 and 7#b7 shall not apply with respect to any action described in paragraph 7#a7 that is filed before that date of enactment4 ,,ii ,fisheries #bja4 ,offshore ,wind ,energy ,fisheries ,compensation ,fund ,the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 is amended by adding at the end the following3 #cd4 ,offshore ,wind ,energy ,fisheries ,compensation ,fund 7a7 ,establishment 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,offshore ,wind ,energy ,fisheries ,compensation ,fund 7referred to in this section as the ,fund74 7#b7 ,purpose 7,a7 ,in general ,the ,fund shall be available to the ,secretary of ,commerce without fiscal year limitation as a revolving fund for the purpose of making payments to compensate eligible recipients for losses caused by the planning1 pre-construction survey1 construction1 maintenance1 operation1 and decommissioning of offshore wind energy facilities on the outer ,continental ,shelf within the jurisdiction of a ,state that participates in the ,fund4 7,b7 ,required participation ,each offshore wind lease holder and project sponsor shall be required to provide amounts into the ,fund as described in subsection 7b71 unless the offshore wind lease holder or project sponsor is in a ,state that is not participating in the ,fund pursuant to paragraph 7#c74 7#c7 ,state participation 7,a7 ,required participation ,each ,state that does not have an existing or under development fisheries compensation fund or a comparable program shall participate in the ,fund with respect to projects within the jurisdiction of the ,state4 7,b7 ,election to opt-in ,each ,state that has an existing or under development fisheries compensation fund or a comparable program is not required to participate in the ,fund1 but may elect to opt-into participation in the ,fund with respect to projects within the jurisdiction of the ,state4 7,c7 ,payment into one fund ,an offshore wind lease holder or project sponsor shall only provide amounts into the ,fund or a ,state's fisheries compensation fund1 and not both4 7#d7 ,fund use2 resources ,the ,fund shall-- 7,a7 be used by the ,secretary of ,commerce to provide to eligible recipients payments for claims described under subsection 7c72 and 7,b7 consist of-- 7i7 revenues received from investments made under paragraph 7#e72 and 7ii7 amounts collected pursuant to subsection 7b74 7#e7 ,investment 7,a7 ,in general ,amounts in the ,fund that are not currently needed for the purposes of the ,fund shall be-- 7i7 kept on deposit in appropriate interest-bearing accounts that shall be established by the ,secretary of the ,treasury2 or 7ii7 invested in obligations of1 or guaranteed by1 the ,united ,states4 7,b7 ,revenue accrual ,any revenue accruing from such deposits and investments described in subparagraph 7,a7 shall be deposited in the ,fund4 7#f7 ,division of fund 7,a7 ,in general 7i7 ,in general ,the ,fund shall be divided into #c separate geographic area accounts based on the jurisdiction of the ,atlantic ,states ,marine ,fisheries ,commission1 the ,gulf ,states ,marine ,fisheries ,commission1 and the ,pacific ,states ,marine ,fisheries ,commission4 7ii7 ,additional accounts ,in addition to the #c separate geographic area accounts described in clause 7i71 the ,secretary of ,commerce may add #a or more separate geographic area accounts into which the ,fund shall be divided4 7,b7 ,amounts in accounts ,the division of amounts in each geographic area account of the ,fund shall be based on the leasing activity for offshore wind energy in the geographic area of the account and payments from amounts in each account of the ,fund shall address losses in the applicable geographic area4 7b7 ,fisheries mitigation compensation 7#a7 ,in general ,the ,secretary1 acting through the ,director of the ,bureau of ,ocean ,energy ,management-- 7,a7 shall require offshore wind lease holders in ,states that are participating in the ,fund to include fisheries compensation as part of the leasing process for offshore wind energy under section #cc1 including by providing to the ,secretary1 for deposit into the ,fund1 amounts determined to be appropriate by the ,secretary pursuant to paragraph 7#b71 which shall be separate from any other fees1 payments1 or other amounts1 and paid in one lump sum at final investment decision2 7,b7 shall require project sponsors in ,states that are participating in the ,fund to provide to the ,secretary1 for deposit into the ,fund1 an additional amount equal to #e percent of any amount required to be provided for deposit into the ,fund under subparagraph 7,a71 of which additional amount-- 7i7 #dj percent shall be available to the ,secretary to cover the administrative expenses of carrying out this section2 and 7ii7 #fj percent shall be available to the ,secretary of ,commerce to cover the administrative expenses of carrying out this section2 7,c7 shall deposit any amounts received under subparagraph 7,a7 or 7,b7 in the ,fund2 and 7,d7 shall require the designated liaisons appointed under section #h7p77#aa77;,b77ii7 to conduct outreach to fishermen on the availability of compensation from the ,fund pursuant to this section4 7#b7 ,establishment of formula to calculate amounts to be paid 7,a7 ,in general ,the ,secretary1 in coordination with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall establish a formula to calculate the amounts to be paid by each project sponsor into the ,fund4 7,b7 ,reevaluation of formula ,the ,secretary shall evaluate and potentially adjust the formula established under subparagraph 7,a7 not less often than every #e years4 7,c7 ,state authority ,nothing in this paragraph shall be construed to diminish or otherwise alter a ,state's authority pursuant to the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq474 7#c7 ,applicability ,the requirements described in this subsection shall not apply to a project sponsor that issued a notice of intent to prepare a draft environmental impact statement with respect to the project before the date the ,fund is established under subsection 7a74 7c7 ,claims process 7#a7 ,in general ,the ,secretary of ,commerce-- 7,a7 in collaboration with relevant agencies that hold relevant fisheries data1 such as ,state agencies1 ,regional ,fishery ,management ,councils1 and the applicable ,interstate ,marine ,fisheries ,commission1 shall establish a process to file1 process1 and verify claims for purposes of making payments from the ,fund2 and 7,b7 shall make payments to eligible recipients from the ,fund-- 7i7 in accordance with this section2 and 7ii7 in consultation with ,interstate ,marine ,fisheries ,commissions1 at the discretion of the ,secretary of ,commerce4 7#b7 ,restrictions ,the ,secretary of ,commerce may not make a payment from the ,fund-- 7,a7 for gear loss or damage2 7,b7 for loss caused by the negligence or fault of the claimant2 7,c7 for loss caused by events or occurrences unrelated to planning1 pre-construction survey1 construction1 maintenance1 operation1 or decommissioning of offshore wind energy projects on the outer ,continental ,shelf2 or 7,d7 for any portion of loss that may be compensated by insurance4 7d7 ,payment amounts and mitigation grants 7#a7 ,in general ,payments made1 including direct payments1 under this section from the ,fund shall-- 7,a7 be based on the scope of the verified claim2 7,b7 be fair and provided efficiently and in a transparent manner2 and 7,c7 if the eligible recipient receiving the payment has or will receive direct compensation for the verified claim pursuant to a community benefit agreement or other agreement between such eligible recipient and a holder of a lease1 easement1 or right-of-way1 be reduced by an amount that is equal to the amount of such direct compensation4 7#b7 ,mitigation grants ,if the ,secretary of ,commerce determines that there are sufficient amounts in a geographic area account of the ,fund1 as described in subsection 7a77#f71 to provide payments for all verified claims at any given time1 the ,secretary may use not more than #bj1jjj1jjj of amounts in the geographic area account of the ,fund that are in excess of the amount necessary to provide payments for all verified claims to provide grants to eligible recipients1 and other entities determined appropriate by the ,secretary1 to mitigate the potential effects of development of an offshore wind energy project1 including by paying for gear modifications1 navigation technology improvements1 and other measures1 including training1 to enhance safety4 7e7 ,advisory group 7#a7 ,establishment ,the ,secretary of ,commerce1 in coordination with the ,secretary of the ,treasury1 shall establish and convene an advisory group not less frequently than twice a year that shall provide recommendations on the development and administration of this section4 7#b7 ,membership ,the advisory group established under paragraph 7#a7 shall-- 7,a7 be comprised of individuals-- 7i7 appointed by the ,secretary of ,commerce2 and 7ii7 representing the geographic diversity of areas impacted by the development of offshore wind energy projects2 and 7,b7 include representatives from-- 7i7 recreational fishing interests2 7ii7 commercial fishing interests2 7iii7 ,tribal fishing interests2 7iv7 fish processing interests2 7v7 the ,national ,marine ,fisheries ,service2 7vi7 the ,department of the ,interior2 7vii7 ,state agencies2 7viii7 the fisheries science community2 7ix7 the offshore wind industry2 and 7x7 other fields of expertise necessary to effectively develop and administer this section1 as determined by the ,secretary of ,commerce4 7#c7 ,travel expenses ,the ,secretary of ,commerce may provide amounts to any member of the advisory group to pay for travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under section #egjc of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the advisory group4 7f7 ,annual report ,the ,secretary of ,commerce shall submit to ,congress1 and make publicly available1 an annual report on activities carried out under this section1 including a description of claims filed and the amount of payments and grants provided4 7g7 ,insufficient funds 7#a7 ,in general ,if the ,secretary1 in coordination with the ,secretary of ,commerce1 determines that a geographic area account of the ,fund does not contain a sufficient amount to provide payments for all verified claims under this section1 the ,secretary may1 not more than once each calendar year1 require each holder of an offshore wind energy lease located within the area covered by the geographic area account to pay an amount specified by the ,secretary in accordance with paragraph 7#b71 which shall be deposited into such geographic area account of the ,fund4 7#b7 ,limit ,no holder of an offshore wind energy lease shall be required to pay an amount under paragraph 7#a7 that is in excess of #c per acre per year of the leased area4 7h7 ,definitions ,in this section3 7#a7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a community1 stakeholder1 or ,tribal interest-- 7i7 that uses a geographic space of an offshore wind energy lease area1 or uses resources harvested from a geographic space of an offshore wind energy lease area2 7ii7 for which such use is directly and adversely impacted by the development of an offshore wind energy project located in such area2 and 7iii7 located in the ,united ,states1 including the territories of the ,united ,states2 or 7,b7 a regional association1 cooperative1 nonprofit organization1 commission1 or corporation that-- 7i7 serves1 and acts on behalf of1 a community1 stakeholder1 or ,tribal interest described in paragraph 7#a72 and 7ii7 is located in the ,united ,states1 including the territories of the ,united ,states4 7#b7 ,interstate ,marine ,fisheries ,commission ,the term ,interstate ,marine ,fisheries ,commission means the ,atlantic ,states ,marine ,fisheries ,commission1 the ,gulf ,states ,marine ,fisheries ,commission1 or the ,pacific ,states ,marine ,fisheries ,commission4 4 #bjb4 ,fishermen's ,contingency ,fund 7a7 ,definitions ,section #dja of the ,outer ,continental ,shelf ,lands ,act ,amendments of #aigh 7#dc ,u4,s4,c4 #ahda7 is amended-- 7#a7 by striking the section heading and designation and all that follows through term-- in the matter preceding paragraph 7#a7 and inserting the following3 #dja4 ,definitions ,in this title3 2 7#b7 in each of paragraph 7#a7 through 7#h7-- 7,a7 by inserting ,the term after the paragraph designation2 and 7,b7 by adding a paragraph heading1 the text of which comprises the term defined in that paragraph2 7#c7 in each of paragraphs 7#a7 through 7#f71 by striking the semicolon at the end of the paragraph and inserting a period2 7#d7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking area3 and inserting area--2 7,b7 in subparagraph 7,a71 by striking oil or gas and inserting oil1 gas1 or offshore wind energy2 7,c7 in subparagraph 7,b71 by striking exploration1 development or production and inserting exploration1 development1 construction1 operation1 decommissioning1 or production2 and 7,d7 in subparagraph 7,c71 by striking pipeline rights-of-way have been granted and inserting rights-of-way have been granted for a pipeline or offshore wind energy transmission2 7#e7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking of therein and inserting therein2 7#f7 in paragraph 7#g71 by striking #djb of this title2 and and inserting #djb42 7#g7 by redesignating paragraph 7#h7 as paragraph 7#i72 and 7#h7 by inserting after paragraph 7#g7 the following3 7#h7 ,offshore wind energy ,the term offshore wind energy means energy produced at a facility that-- 7,a7 produces electric energy solely by the use1 as the only energy source1 of wind2 and 7,b7 is located on the outer ,continental ,shelf4 4 7b7 ,payments by leaseholders ,section #djb7;b77#a7 of the ,outer ,continental ,shelf ,lands ,act ,amendments of #aigh 7#dc ,u4,s4,c4 #ahdb7;b77#a77 is amended1 in the first sentence-- 7#a7 by striking ,act and each holder and inserting ,act 7#dc ,u4,s4,c4 #acca et seq471 and each holder2 and 7#b7 by inserting or offshore wind energy after pipeline4 7c7 ,duties and powers of ,secretary ,section #djc of the ,outer ,continental ,shelf ,lands ,act ,amendments of #aigh 7#dc ,u4,s4,c4 #ahdc7 is amended-- 7#a7 in subsection 7a77#b71 by inserting and offshore wind energy site characterization and assessment activities1 after production activities12 and 7#b7 in subsection 7c77#a71 in the first sentence1 by inserting 1 offshore wind energy site characterization and assessment activities1 or activities authorized under section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77 after production activities4 7d7 ,disbursement of payments ,section #djc7;c7 of the ,outer ,continental ,shelf ,lands ,act ,amendments of #aigh 7#dc ,u4,s4,c4 #ahdc7;c77 is amended by adding at the end the following3 7#c7 ,disbursement allocation ,the ,secretary shall ensure-- 7,a7 that amounts deposited in the ,fund for oil and gas activities shall only be disbursed to compensate claims for oil and gas activities2 and 7,b7 that amounts deposited in the ,fund for offshore wind energy activities shall only be disbursed to compensate claims for offshore wind energy activities4 4 7e7 ,burden of proof ,section #djd of the ,outer ,continental ,shelf ,lands ,act ,amendments of #aigh 7#dc ,u4,s4,c4 #ahdd7 is amended1 in the matter preceding paragraph 7#a71 by inserting 1 or offshore wind energy site characterization and assessment activities1 as applicable1 after production4 #bjc4 ,grant program for research on the impacts of offshore wind development on fisheries resources 7a7 ,grant program 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce1 in consultation with the ,secretary of the ,interior1 shall establish and carry out a program to award grants1 on a competitive basis1 to eligible entities to enable such entities to carry out research that contributes to an understanding of the impacts of all stages of offshore wind energy planning1 construction1 operation1 and decommissioning on fisheries resources1 including marine and coastal ecosystems1 wildlife1 and habitat4 7#b7 ,reservation ,from the amounts appropriated to carry out this section for a fiscal year1 the ,secretary of ,commerce shall reserve #b percent for use by ,indian ,tribes and ,tribal organizations4 7b7 ,applications 7#a7 ,in general ,an eligible entity1 as determined by the ,secretary of ,commerce1 that desires to receive a grant under this section shall submit an application to the ,secretary of ,commerce at such time and in such form as the ,secretary may require1 including a demonstration of how the eligible entity will use the grant funds to further understanding of the impacts of offshore wind energy development on fisheries resources4 7#b7 ,priority for inclusion of fishermen2 considerations ,the ,secretary of ,commerce shall1 in awarding grants under this section-- 7,a7 give priority to eligible entities that demonstrate engagement with1 and collection of input from1 the fishing community in the grant development process and include fishermen as active contributors in any research supported under this section2 and 7,b7 to the extent practicable1 consider eligible entities that serve areas that are scheduled for offshore wind development4 7c7 ,eligible uses of funds ,an eligible entity that receives a grant under this section shall use the grant funds for research on any of the following3 7#a7 ,understanding the effects of electric and magnetic forces1 habitat changes1 vibrations1 noise1 and thermal radiation on any fish populations4 7#b7 ,conducting planning or analysis on how to adapt fisheries surveys to the presence of wind farms4 7#c7 ,establishing baseline conditions for benthic habitat and conducting monitoring throughout offshore wind energy operation4 7#d7 ,increasing automated or indirect data collection from fishing vessels4 7#e7 ,studying oceanographic changes due to the presence of offshore wind infrastructure1 including turbulence and surface wind reduction4 7#f7 ,studying the socioeconomic impacts of wind energy development on fishermen and their communities1 including ability to adapt1 resilience to change1 and economic impacts4 7#g7 ,social science research on how fishermen and communities will be impacted by offshore wind energy development4 7#h7 ,examining potential uses of offshore wind turbines1 pilings1 mooring lines1 inter-array cables1 transmission cables1 and other hard structures as data collection points for scientific research1 infrastructure for aquaculture operations1 or for other uses4 7#i7 ,finding pathways and opportunities for skill transferability for fishermen to other industries4 7#aj7 ,infrastructure designs that can facilitate and support biodiversity in the area of the offshore wind project4 7#aa7 ,cumulative impacts on highly migratory species from development of offshore wind energy facilities in multiple lease areas in migratory pathways4 7#ab7 ,understanding impacts from offshore wind energy development on species and oceanographic processes outside the boundaries of wind energy areas4 7#ac7 ,other topics as recommended-- 7,a7 in consultation with the ,standing ,committee on ,offshore ,wind ,energy and ,fisheries at the ,national ,academies2 and 7,b7 by studies and reports on offshore wind energy impacts to fisheries resources1 including the ,fisheries and ,offshore ,wind ,interactions3 ,synthesis of ,science technical memo produced by the ,responsible ,offshore ,development ,alliance1 the ,bureau of ,ocean ,energy ,management1 the ,national ,oceanic and ,atmospheric ,administration1 and the ,northeast ,fisheries ,science ,center1 and other studies and reports of the ,bureau of ,ocean ,energy ,management and the ,national ,oceanic and ,atmospheric ,administration4 7d7 ,coordination2 accessibility of data 7#a7 ,in general ,the ,secretary of ,commerce shall encourage eligible entities that receive a grant under this section to1 when practicable and appropriate 7as determined by the ,secretary of ,commerce7-- 7,a7 coordinate with the ,integrated ,ocean ,observing ,system and the ,regional ,wildlife ,science ,collaborative for ,offshore ,wind in conducting research described in subsection 7c72 and 7,b7 make data generated from such research accessible through the ,integrated ,ocean ,observing ,system4 7#b7 ,public accessibility ,an eligible entity that receives a grant under this section shall make data generated from conducting research described in subsection 7c7 publicly accessible1 to the extent consistent with other laws4 7e7 ,reporting 7#a7 ,in general ,an eligible entity that receives a grant under this section shall submit to the ,secretary of ,commerce a report1 at such time and in such form as the ,secretary may require1 on the results of the use of the grant4 7#b7 ,content ,each report submitted under paragraph 7#a7 shall include any relevant data requested by the ,secretary for purposes of tracking the effectiveness of the program established under this section4 7#c7 ,public availability ,the ,secretary of ,commerce shall make each report submitted under paragraph 7#a7 publicly available4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #cj1jjj1jjj for each of fiscal years #bjbe through #bjce1 to remain available until expended4 #bjd4 ,offshore ,wind and ,fisheries ,coexistence ,fund 7a7 ,establishment of fund 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,offshore ,wind and ,fisheries ,coexistence ,fund 7referred to in this section as the ,fund71 to be administered by the ,administrator of the ,national ,oceanic and ,atmospheric ,administration 7referred to in this section as the ,administrator74 7#b7 ,deposits ,the ,fund shall consist of such amounts as are appropriated to the ,fund under subsection 7c74 7#c7 ,use ,amounts in the ,fund shall be used to carry out subsection 7b74 7b7 ,grant program 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,director of the ,bureau of ,ocean ,energy ,management1 shall-- 7,a7 use amounts in the ,fund to award grants for research and development of technologies that support the coexistence of offshore wind energy development and other ocean users1 including fishing gear and vessel modifications1 modifications or updates to radar equipment1 and safety equipment or trainings2 and 7,b7 in awarding grants under subparagraph 7,a71 prioritize proposals that include coordination and collaboration between different ocean stakeholders and users1 including between fishermen and developers4 7#b7 ,reservation ,from the amounts appropriated to carry out this section for a fiscal year1 the ,administrator shall reserve #b percent for use by ,indian ,tribes and ,tribal organizations4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #cj1jjj1jjj for each of fiscal years #bjbe through #bjce1 to be deposited in the ,fund1 to remain available until expended4