[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2852 Reported in Senate (RS)]

                                                       Calendar No. 428
111th CONGRESS
  2d Session
                                S. 2852

                          [Report No. 111-206]

       To establish, within the National Oceanic and Atmospheric 
 Administration, an integrated and comprehensive ocean, coastal, Great 
    Lakes, and atmospheric research, prediction, and environmental 
            information program to support renewable energy.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2009

  Mr. Begich (for himself, Ms. Snowe, Mr. Nelson of Florida, and Mrs. 
  Hutchison) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             June 14, 2010

             Reported by Mr. Rockefeller, without amendment

_______________________________________________________________________

                                 A BILL


 
       To establish, within the National Oceanic and Atmospheric 
 Administration, an integrated and comprehensive ocean, coastal, Great 
    Lakes, and atmospheric research, prediction, and environmental 
            information program to support renewable energy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renewable Energy Environmental 
Research Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish an integrated and 
comprehensive ocean, coastal, Great Lakes, and atmospheric research, 
prediction, and environmental information program to support renewable 
energy.

SEC. 3. RENEWABLE ENERGY RESEARCH PLAN.

    (a) In General.--The Administrator shall develop a plan--
            (1) to define requirements for a comprehensive and 
        integrated ocean, coastal, Great Lakes, and atmosphere science 
        program to support renewable energy development in the United 
        States based on the public hearings, public comments, and a 
        review of scientific and industry information;
            (2) to identify and describe current climate, weather, and 
        water data programs, products, services, and authorities within 
        NOAA relevant to renewable energy development;
            (3) to provide targeted research, data, monitoring, 
        observation, and other information, products, and services 
        concerning climate, weather, and water in support of renewable 
        energy and ``smart grid'' technology, including research to 
        accurately quantify the downstream micro-climate impacts of 
        wind-power turbines;
            (4) to provide research, data, monitoring, and other 
        information, products, and services to inform renewable energy 
        decisions concerning coastal and marine habitats, living marine 
        resources and the ecosystems on which they depend and coastal 
        and marine planning; and
            (5) to reduce duplication and leverage the resources of 
        existing NOAA programs through coordination with--
                    (A) other offices and programs within NOAA, 
                including the atmospheric, ocean, and coastal 
                observation systems;
                    (B) Federal, State, tribal, and local observation 
                systems; and
                    (C) other entities, including the private sector 
                organizations and institutions of higher education; and
            (6) to facilitate public-private cooperation, including 
        identification and assessment of current private sector 
        capabilities.
    (b) Public Hearings.--In developing the plan, the Administrator 
shall provide public notice and opportunity for 1 or more public 
hearings and shall seek comments from Federal and State agencies, 
tribes, local governments, representatives of the private sector, and 
other parties interested in renewable energy observations, data, and 
use in order to improve NOAA climate, weather, and water observation 
data products and services to more effectively support renewable energy 
development.

SEC. 4. ESTABLISHMENT OF RESEARCH, PREDICTION, AND ENVIRONMENTAL 
              INFORMATION PROGRAM.

    (a) In General.--Within 18 months after the date of enactment of 
this Act, the Administrator shall establish a program to develop and 
implement an integrated and comprehensive ocean, coastal, Great Lakes 
and atmosphere research and operations program, based on the plan 
required by section 3, to support renewable energy development in the 
United States.
    (b) Program Components.--At a minimum, the program shall include--
            (1) improvements in coordinated climate, weather, and water 
        research, monitoring, and observations to support--
                    (A) renewable energy development; and
                    (B) the understanding and mitigation of the impact 
                of renewable energy development on living marine 
                resources, including protected species and the marine 
                and coastal environment;
            (2) coordinated weather, water, and climate prediction 
        capability focused on renewable energy and ``smart grid'' 
        technology to provide information and decision services in 
        support of renewable energy development;
            (3) support for the transition to, and reliable delivery 
        of, sustained operational weather, water, and climate products 
        from research, observation, and prediction outputs;
            (4) means of identifying biological and ecological effects 
        of marine renewable energy development on living marine 
        resources, the marine and coastal environment, marine-dependent 
        industries, and coastal communities;
            (5) baseline ecological characterization, including 
        research, data collection, and mapping, of the coastal and 
        marine environment and living marine resources for marine 
        renewable energy development;
            (6) avoidance, minimization, and mitigation strategies to 
        address the potential impacts of marine renewable energy on the 
        marine, coastal, and Great Lakes environment, including 
        developing effective monitoring protocols, use of adaptive 
        management, informed engineering design and operating 
        parameters, and the establishment of protocols for minimizing 
        the environmental impacts of testing, developing, and deploying 
        marine renewable energy devices;
            (7) support for the development of marine special area 
        management plan by states as defined by the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1451 et seq.) that would 
        support renewable energy development consistent with natural 
        resource protection and other coastal-dependent economic 
        growth;
            (8) comprehensive digital mapping, modeling, and other 
        geospatial information and services to support planning for 
        renewable energy and stewardship of ecosystem and living marine 
        ecosystems, including protected species, in ocean and coastal 
        areas;
            (9) a coordinated approach for examining and quantifying 
        the micro-climate impacts of wind-power farms on soil 
        transpiration and drying; and
            (10) provision for outreach to the public and private 
        sector about program research, information, and products, 
        including making non-proprietary information and best 
        management practices developed under this program available to 
        the public.
    (c) Use in Agency Decisions.--The program established under 
subsection (b) shall be designed to collect, synthesize, and distribute 
data in a manner that can be used by marine resource managers 
responsible for making decisions about marine renewable energy 
projects. The Army Corps of Engineers, Department of Commerce, Minerals 
Management Service, Federal Energy Regulatory Commission, and 
Department of Energy shall consider this information when making 
planning, siting, and permitting decisions for marine renewable energy.
    (d) Support for Public-Private Cooperation.--To the extent 
practicable, in implementing the program established under this 
section, the Administrator shall seek appropriate opportunities to 
facilitate and expand cooperation with private sector entities to 
develop and expand information services that serve the renewable energy 
industry.

SEC. 5. BIENNIAL REPORTS.

    Not later than 2 years after the date of the enactment of this Act 
and every 2 years thereafter, the Administrator shall prepare and 
transmit a report to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on Natural 
Resources, and the House of Representatives Committee on Science and 
Technology on progress made in implementing this Act, including--
            (1) a description of activities carried out under this Act;
            (2) recommendations for priority activities under this Act 
        for fiscal years beginning after the date on which the report 
        is submitted; and
            (3) funding levels for activities under this Act in those 
        fiscal years.

SEC. 6. LIBRARY.

    Within 1 year after the date of the enactment of this Act, the 
Administrator, in consultation with relevant Federal agencies, shall 
establish a renewable energy information library and data portal. The 
library shall include, at a minimum--
            (1) links to data and information products for use in 
        renewable energy development;
            (2) links to planning and decision support tools for use in 
        renewable energy development;
            (3) data about the baseline condition of ocean and coastal 
        resources; and
            (4) links to digital mapping and geospatial information, 
        products, and services described in section 4(b).

SEC. 7. FEDERAL COORDINATION.

    In carrying out activities under this Act, the Administrator shall 
coordinate with the Secretary of the Interior, the Secretary of Energy, 
the Secretary of Transportation, the Secretary of Defense, the Federal 
Energy Regulatory Commission, the Department in which the Coast Guard 
is operating, and the heads of other relevant Federal agencies.

SEC. 8. AGREEMENTS.

    The Administrator may enter into and perform such contracts, 
leases, grants, cooperative agreements, or other agreements and 
transactions with any agency or instrumentality of the United States, 
or with any State, local, tribal, territorial or foreign government, or 
with any person, corporation, firm, partnership, educational 
institution, nonprofit organization, or international organization as 
may be necessary to carry out the purposes of this Act.

SEC. 9. AUTHORITY TO RECEIVE FUNDS.

    The Administrator may accept, retain, and use funds received from 
any party pursuant to an agreement entered into under section 8 for 
activities furthering the purposes of this Act.

SEC. 10. USE OF OCEAN OBSERVING OFFSHORE INFRASTRUCTURE.

    (a) In General.--Any offshore exploration and production facility, 
at the discretion of the Administrator, may execute a memorandum of 
understanding authorizing the use of offshore platforms and 
infrastructure for the placement of meteorological and oceanographic 
observation sensors of a type to be designated by the Administrator in 
support of the Integrated Ocean Observing System.
    (b) Availability of Information.--All information collected by such 
sensors will be managed by NOAA and be readily available for use in 
spill response as well as available to the National Weather Service, 
other NOAA programs, and the general public.

SEC. 11. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Under Secretary of Commerce for Oceans and Atmosphere in the 
        Under Secretary's capacity as Administrator of NOAA.
            (2) Marine renewable energy.--The term ``marine renewable 
        energy'' means any form of renewable energy derived from the 
        sea including wave energy, tidal energy, ocean current energy, 
        offshore wind energy, salinity gradient energy, ocean thermal 
        gradient energy, and ocean thermal energy conversion.
            (3) NOAA.--The term ``NOAA'' means the National Oceanic and 
        Atmospheric Administration.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) Implementation and Execution.--There are authorized to be 
appropriated to the Administrator $100,000,000 for each of fiscal years 
2010 through 2014 to carry out this Act.
    (b) Grants to Educational Institutions and Coastal States.--Of the 
amounts appropriated pursuant to subsection (b), the Administrator 
shall make up to 50 percent available to educational institutions, and 
to States with coastal zone management programs approved under the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), to carry 
out activities that support the program established under section 4.

SEC. 13. SAVINGS PROVISION.

    Nothing in this Act shall be construed to supersede or modify the 
jurisdiction, responsibilities, or authority of any Federal or State 
agency under any provision of law in effect on the date of enactment of 
this Act.
                                                       Calendar No. 428

111th CONGRESS

  2d Session

                                S. 2852

                          [Report No. 111-206]

_______________________________________________________________________

                                 A BILL

       To establish, within the National Oceanic and Atmospheric 
 Administration, an integrated and comprehensive ocean, coastal, Great 
    Lakes, and atmospheric research, prediction, and environmental 
            information program to support renewable energy.

_______________________________________________________________________

                             June, 14, 2010

                       Reported without amendment