I 111th CONGRESS 1st Session H. R. 1690 IN THE HOUSE OF REPRESENTATIVES March 24, 2009 Mrs. Capps (for herself, Mr. Delahunt, Ms. Bordallo, Mr. Farr, Mr. Sestak, and Mr. McGovern) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Coastal Zone Management Act of 1972 to authorize the Secretary of Commerce to make grants to coastal states to support voluntary State efforts to initiate and complete surveys of coastal waters to identify potential areas suitable for the exploration, development, and production of renewable energy, and for other purposes.

1.

Short title

This Act may be cited as the Coastal State Renewable Energy Promotion Act.

2.

State ocean and coastal renewable energy planning

(a)

In general

The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 306A the following:

306B.

Ocean and coastal renewable energy State surveys; renewable energy site identification and planning

(a)

Grants to States

The Secretary may make grants to eligible coastal states to support voluntary State efforts to initiate and complete surveys of portions of coastal state waters and Federal waters adjacent to a State’s coastal zone, in consultation with the Minerals Management Service and other relevant Federal agencies, to identify potential areas suitable for the exploration, development, and production of renewable energy that are consistent with the enforceable policies of coastal management plans approved pursuant to section 306(d). (b)

Survey elements

Surveys developed with grants under this section shall include consideration of— (1)hydrographic and bathymetric surveys; (2)oceanographic observations and measurements of the physical ocean environment, especially seismically active areas; (3)identification and characterization of significant or sensitive marine ecosystems or other areas possessing important conservation, recreational, ecological, historic, or aesthetic values; (4)surveys of existing marine uses in the outer Continental Shelf and identification of potential conflicts; (5)inventories and surveys of shore locations and infrastructure capable of supporting renewable energy development; (6)inventories and surveys of offshore locations and infrastructure capable of supporting renewable energy development; and (7)other matters as may be necessary. (c)

Participation and cooperation

To the extent practicable, coastal states shall provide opportunity for the participation in surveys under this section by relevant Federal agencies, State agencies, local governments, regional organizations, port authorities, and other interested parties and stakeholders, public and private, that is adequate to develop a comprehensive survey. (d)

Availability of survey data

The results of surveys conducted or supported by a grant awarded under this section, including relevant data, shall be made available to the public. (e)

Guidelines

The Secretary shall, within 180 days after the date of enactment of this section and after consultation with the coastal states, publish guidelines for the application for and use of grants under this section. (f)

Annual grants

For each of fiscal years 2010 through 2013, the Secretary may make a grant to a coastal state under this section if the coastal state demonstrates to the satisfaction of the Secretary that the grant will be used to develop a renewable energy survey consistent with the requirements set forth in this section. (g)

Grant amounts

The amount of any grant under this section shall not exceed $1,000,000 for any fiscal year. (h)

State match

(1)

Before fiscal year 2012

The Secretary shall not require any State matching fund contribution for grants awarded under this section for any fiscal year before fiscal year 2012. (2)

Fiscal year 2012 and thereafter

The Secretary shall require a coastal state to provide a matching fund contribution for a grant under this section for surveys of a State’s coastal waters, according to— (A)a 2-to-1 ratio of Federal-to-State contributions for fiscal year 2012; and (B)a 1-to-1 ratio of Federal-to-State contributions for fiscal year 2012. (3)

Limitation

The Secretary shall not require any matching funds for surveys of Federal waters adjacent to a State’s coastal zone. (4)

Use of donations

A coastal state may utilize funds or other in-kind contributions donated by a non-governmental partner to satisfy matching contribution requirements under this subsection. (i)

Secretarial review

After an initial grant is made to a coastal state under this section, no subsequent grant may be made to that coastal state under this section unless the Secretary finds that the coastal state is satisfactorily developing its survey. (j)

Limitation on eligibility

No coastal state is eligible to receive grants under this section for more than 3 fiscal years. (k)

Applicability

This section and the surveys conducted with assistance under this section shall not be construed to convey any new authority to any coastal state, or repeal or supersede any existing authority of any Federal agency, to regulate the siting, licensing, leasing, or permitting of renewable energy facilities in areas of the outer Continental Shelf under the administration of the Federal Government. Nothing in this section repeals or supersedes any existing coastal state authority pursuant to State or Federal law. (l)

Priority

Any area that is identified as suitable for potential renewable energy development under surveys developed with assistance under this section shall be given priority consideration by Federal agencies for the siting, licensing, leasing, or permitting of renewable energy facilities. (m)

Assistance by the secretary

The Secretary shall— (1)under section 307(a) and to the extent practicable, make available to coastal states the resources and capabilities of the National Oceanic and Atmospheric Administration to provide technical assistance to the coastal states to develop surveys under this section; (2)encourage other Federal agencies with relevant expertise to participate in providing technical assistance under this subsection; and (3)coordinate with other relevant Federal agencies and coastal states in the development of an administrative process to facilitate the licensing or permitting of renewable energy facilities located in waters of the United States. (n)

Renewable energy defined

In this section the term renewable energy means wind, wave, current, tidal, or ocean thermal energy.

. (b)

Authorization of appropriations

Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is amended— (1)in paragraph (1)(C) by striking and after the semicolon; (2)in paragraph (2), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following: (3)for grants under section 306B such sums as are necessary; and .