[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1419 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1419

   To promote research, development, and demonstration of marine and 
  hydrokinetic renewable energy technologies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2013

  Mr. Wyden (for himself and Ms. Murkowski) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To promote research, development, and demonstration of marine and 
  hydrokinetic renewable energy technologies, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Marine and 
Hydrokinetic Renewable Energy Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
     TITLE I--MARINE AND HYDROKINETIC RENEWABLE ENERGY TECHNOLOGIES

Sec. 101. Definition of marine and hydrokinetic renewable energy.
Sec. 102. Marine and hydrokinetic renewable energy research and 
                            development.
Sec. 103. National Marine Renewable Energy Research, Development, and 
                            Demonstration Centers.
Sec. 104. Authorization of appropriations.
     TITLE II--MARINE AND HYDROKINETIC RENEWABLE ENERGY REGULATORY 
                               EFFICIENCY

Sec. 201. Marine and hydrokinetic renewable energy projects and 
                            facilities.

     TITLE I--MARINE AND HYDROKINETIC RENEWABLE ENERGY TECHNOLOGIES

SEC. 101. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY.

    Section 632 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17211) is amended in the matter preceding paragraph (1) by 
striking ``electrical''.

SEC. 102. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    Section 633 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17212) is amended to read as follows:

``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    ``The Secretary, in consultation with the Secretary of the 
Interior, the Secretary of Commerce, and the Federal Energy Regulatory 
Commission, shall carry out a program of research, development, 
demonstration, and commercial application to expand marine and 
hydrokinetic renewable energy production, including programs--
            ``(1) to assist technology development to improve the 
        components, processes, and systems used for power generation 
        from marine and hydrokinetic renewable energy resources;
            ``(2) to establish critical testing infrastructure 
        necessary--
                    ``(A) to cost effectively and efficiently test and 
                prove marine and hydrokinetic renewable energy devices; 
                and
                    ``(B) to accelerate the technological readiness and 
                commercialization of those devices;
            ``(3) to support efforts to increase the efficiency of 
        energy conversion, lower the cost, increase the use, improve 
        the reliability, and demonstrate the applicability of marine 
        and hydrokinetic renewable energy technologies by participating 
        in demonstration projects;
            ``(4) to investigate variability issues and the efficient 
        and reliable integration of marine and hydrokinetic renewable 
        energy with the utility grid;
            ``(5) to identify and study critical short- and long-term 
        needs to create a sustainable marine and hydrokinetic renewable 
        energy supply chain based in the United States;
            ``(6) to increase the reliability and survivability of 
        marine and hydrokinetic renewable energy technologies, 
        including development of corrosion-resistant and anti-fouling 
        materials;
            ``(7) to verify the performance, reliability, 
        maintainability, and cost of new marine and hydrokinetic 
        renewable energy device designs and system components in an 
        operating environment;
            ``(8) to coordinate and avoid duplication of activities 
        across programs of the Department and other applicable Federal 
        agencies, including National Laboratories;
            ``(9) to identify opportunities for joint research and 
        development programs and development of economies of scale 
        between--
                    ``(A) marine and hydrokinetic renewable energy 
                technologies; and
                    ``(B) other renewable energy and fossil energy 
                programs, offshore oil and gas production activities, 
                and activities of the Department of Defense; and
            ``(10) to support in-water technology development with 
        international partners using existing cooperative procedures 
        (including memoranda of understanding)--
                    ``(A) to allow cooperative funding and other 
                support of value to be exchanged and leveraged; and
                    ``(B) to encourage the participation of 
                international research centers and companies in the 
                United States and the participation of research centers 
                and companies of the United States in international 
                projects.''.

SEC. 103. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION CENTERS.

    Section 634 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17213) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Purposes.--The Centers (in coordination with the Department 
and National Laboratories) shall--
            ``(1) advance research, development, demonstration, and 
        commercial application of marine and hydrokinetic renewable 
        energy technologies;
            ``(2) support in-water testing and demonstration of marine 
        and hydrokinetic renewable energy technologies, including 
        facilities capable of testing--
                    ``(A) marine and hydrokinetic renewable energy 
                systems of various technology readiness levels and 
                scales;
                    ``(B) a variety of technologies in multiple test 
                berths at a single location; and
                    ``(C) arrays of technology devices; and
            ``(3) serve as information clearinghouses for the marine 
        and hydrokinetic renewable energy industry by collecting and 
        disseminating information on best practices in all areas 
        relating to developing and managing marine and hydrokinetic 
        renewable energy resources and energy systems.''.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    Section 636 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17215) is amended by striking ``2008 through 2012'' and 
inserting ``2014 through 2017''.

     TITLE II--MARINE AND HYDROKINETIC RENEWABLE ENERGY REGULATORY 
                               EFFICIENCY

SEC. 201. MARINE AND HYDROKINETIC RENEWABLE ENERGY PROJECTS AND 
              FACILITIES.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended 
by adding at the end the following:

``SEC. 34. PILOT LICENSE FOR MARINE AND HYDROKINETIC RENEWABLE ENERGY 
              PROJECTS.

    ``(a) Definition of Hydrokinetic Pilot Project.--
            ``(1) In general.--In this section, the term `hydrokinetic 
        pilot project' means a facility that generates energy from--
                    ``(A) waves, tides, or currents in an ocean, 
                estuary, or tidal area; or
                    ``(B) free-flowing water in a river, lake, or 
                stream.
            ``(2) Exclusions.--The term `hydrokinetic pilot project' 
        does not include a project that uses a dam or other impoundment 
        for electric power purposes.
    ``(b) Pilot Licenses Authorized.--The Commission may issue a pilot 
license to construct, operate, and maintain a hydrokinetic pilot 
project that meets the criteria listed in subsection (c).
    ``(c) License Criteria.--The Commission may issue a pilot license 
for a hydrokinetic pilot project if the project--
            ``(1) will have an installed capacity of not more than 10 
        megawatts;
            ``(2) is for a term of not more than 10 years;
            ``(3) will not cause a significant adverse environmental 
        impact or interfere with navigation;
            ``(4) is removable and can shut down on reasonable notice 
        in the event of a significant adverse safety, navigation, or 
        environmental impact;
            ``(5) can be removed, and the site can be restored, by the 
        end of the license term, unless the project has obtained a new 
        license or the Commission has determined, based on substantial 
        evidence, that the project should not be removed because it 
        would be preferable for environmental or other reasons not to; 
        and
            ``(6) is primarily for the purpose of--
                    ``(A) testing new hydrokinetic technologies;
                    ``(B) locating appropriate sites for new 
                hydrokinetic technologies; or
                    ``(C) determining the environmental and other 
                effects of a hydrokinetic technology.
    ``(d) Lead Agency.--In carrying out this section, the Commission 
shall act as the lead agency--
            ``(1) to coordinate all applicable Federal authorizations; 
        and
            ``(2) to comply with the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.).
    ``(e) Schedule Goals.--
            ``(1) In general.--Not later than 30 days after the date on 
        which the Commission receives a completed application, and 
        following consultation with Federal, State, and local agencies 
        with jurisdiction over the hydrokinetic pilot project, the 
        Commission shall develop and issue pilot license approval 
        process scheduling goals that cover all Federal, State, and 
        local permits required by law.
            ``(2) Compliance.--Applicable Federal, State, and local 
        agencies shall comply with the goals established under 
        paragraph (1) to the maximum extent practicable, consistent 
        with applicable law.
            ``(3) 1-year goal.--It shall be the goal of the Commission 
        and the other applicable agencies to complete the pilot license 
        process by not later than 1 year after the date on which the 
        Commission receives the completed application.
    ``(f) Size Limitations.--
            ``(1) In general.--The Commission may grant a pilot license 
        for a project located in the ocean if the project covers a 
        surface area of not more than 1 square nautical mile.
            ``(2) Exception.--The Commission, at the discretion of the 
        Commission and for good cause, may grant a pilot license for a 
        project that covers a surface area of more than 1 square 
        nautical mile.
            ``(3) Limitation.--For proposed projects located in an 
        estuary, tidal area, river, lake, or stream, the Commission 
        shall determine the size limit on a case-by-case basis, taking 
        into account all relevant factors.
    ``(g) Extensions Authorized.--On application by a project, the 
Commission may make a 1-time extension of a pilot license for a term 
not to exceed 5 years.''.
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