[Senate Report 111-206]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-206
_______________________________________________________________________

                                     

                                                       Calendar No. 428
 
          RENEWABLE ENERGY ENVIRONMENTAL RESEARCH ACT OF 2009

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2852




                                     


                 June 14, 2010.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel


                                                       Calendar No. 428
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-206

======================================================================




          RENEWABLE ENERGY ENVIRONMENTAL RESEARCH ACT OF 2009

                                _______
                                

                 June 14, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 2852]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2852) 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, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                          Purpose of the Bill

  The purpose of S. 2852, the Renewable Energy Environmental 
Research Act of 2009, is to establish, within the National 
Oceanic and Atmospheric Administration (NOAA), an integrated 
and comprehensive ocean, coastal, Great Lakes, and atmospheric 
research, prediction, and environmental program to support 
renewable energy.

                          Background and Needs

  Renewable energy is the most rapidly growing U.S. energy 
sector. Wind, solar, biomass, geothermal, and ocean and tidal 
energy hold promise of becoming a significant portion of the 
total U.S. energy supply. Most renewable energy sources depend 
on atmospheric and oceanic information. For example, the 
development of wind and solar energy farms depends on the 
spatial and temporal distribution of wind and solar resources 
and requires accurate wind and cloud forecasts. Energy 
generation from ocean resources requires accurate mapping and 
prediction of waves and currents, while biofuel production 
depends on seasonal drought and temperature forecasts.
  Improved atmospheric and oceanic research, observations, 
models, forecasts, and analysis tools designed specifically to 
support renewable energy development would accelerate the 
integration of renewable energy into our energy system and 
increase the economic viability of these projects. NOAA is 
responsible for the development and maintenance of national 
observation networks and operational weather forecasts to 
support the needs of industries; however, these networks and 
forecasts are not optimal for renewable energy and are 
insufficient to support this growing energy sector.
  Electricity produced from wind energy is growing at a fast 
pace. The Department of Energy projects that as much as 20 
percent of the nation's electrical supply could be provided by 
wind energy by 2030. To support wind energy, improved 
atmospheric research is necessary to: (1) develop wind-energy 
test beds to improve the fundamental understanding of mesoscale 
and local wind flows that are critical to wind-energy 
operations; (2) improve quantitative forecasts for mesoscale 
and local flows through better representation of physical 
processes at wind-turbine heights; (3) create a national 
reference data base with historical and real-time data, 
including data at the relevant turbine height; (4) develop and 
deploy new instruments and observational strategies, along with 
new data distribution and visualization tools; (5) develop 
seasonal forecast products that address regional wind energy 
potential; and (6) improve understanding of the impacts of wind 
farms on the environment, weather, and climate across a range 
of spatial and temporal scales.
  Solar photovoltaic power and thermal power also depend on 
atmospheric and climate data. To support solar energy 
development, improved atmospheric and climate research is 
necessary, including: (1) acquisition of enhanced solar 
observations to help evaluate current and future solar 
resources for spatial and temporal variability; (2) development 
of solar test beds and observations networks; (3) improved 
understanding of clouds and cloud forecasts in models; (4) 
development and validation of surface solar radiation forecast 
products; (5) assimilation of current aerosol and albedo data 
into forecast models; (6) development of seasonal forecasts 
products that address regional solar energy potential; and (7) 
improved understanding of the impacts of concentrating solar 
power farms on the environment, weather, and climate across a 
range of spatial and temporal scales.
  Ocean waves, currents, and tides, including the Tidal Loop 
Current in the Gulf of Mexico, carry immense amounts of energy. 
Companies in the United States and Europe are at the initial 
stages of developing devices that may efficiently convert 
waves, tides, and currents (collectively ``ocean energy'') into 
electrical power. The development of ocean power technologies 
depends upon deployment of substantial demonstration and 
commercial projects in nearshore areas. To date, very few pilot 
projects have been put in the water worldwide, and none have 
been fully tested for extended periods. As a result, there is 
little data on potential environmental impacts from project 
deployment, operation, maintenance, or decommissioning.
  The development of marine renewables technologies can support 
our nation's efforts to expand renewable energy use. According 
to the Electric Power Research Institute, ocean renewable 
energy in the United States has the potential to supply some 
400 terawatt hours of clean power annually, or roughly 10 
percent of today's electric demand. The appeal of ocean 
renewable energy must be tempered by acknowledgment that 
deployment of devices to capture and convey ocean energy is 
likely to have impacts on the environment and coastal 
communities. For example, almost all ocean renewable energy 
technologies must be anchored to the ocean bottom, potentially 
impacting sedimentation processes and benthic resources. The 
nature of their impact and significance, especially from large-
scale deployments, are essentially unknown at this point, so 
there is not enough information to weigh tradeoffs. Unless 
corrected, such uncertainty will impair the ability of 
regulatory agencies, states, developers, and other stakeholders 
to make necessary decisions. Further, developers are being 
asked to generate baseline data on the condition of various 
ocean resources. The resulting transaction costs are a barrier 
to development, and privately funded data collection is less 
likely to be publicly available to benefit sound management and 
ocean renewable energy as a whole.
  Relevant, reliable public information on baseline marine 
ecosystem data and the environmental impact of ocean power 
could help reduce barriers to development as well as provide 
greater information for ocean management beneficial to States 
and the Federal government. The Federal government, 
particularly NOAA, and States could provide effective 
assistance by funding research on environmental baseline 
conditions and impact analysis that are likely to be common 
among the various technologies and projects. A common library 
of all available data, particularly data about the baseline 
condition of the ocean resources, would reduce the transaction 
costs faced by developers.
  To address the serious need for improved atmospheric and 
oceanic research for renewable energy projects, this 
legislation would require NOAA to develop a plan and establish 
a comprehensive science program to provide targeted research, 
data, monitoring, observation and information products and 
services that support renewable energy and ``smart grid'' 
technology.

                         Summary of Provisions

  S. 2852 would establish a program at NOAA to support basic 
atmospheric and oceanic research specifically for renewable 
energy development and authorize funding for this purpose. The 
legislation would require NOAA to develop a plan to establish a 
comprehensive science program to support renewable energy 
development and delineate priorities for targeted research, 
data, monitoring, observation and other information products 
and services in support of renewable energy and ``smart grid'' 
technology. It would direct NOAA to develop the plan through 
public hearings and comments to make sure the agency is meeting 
the needs of the renewable energy industries.
  The bill would require NOAA to develop and implement a plan 
that (1) develops observation systems and models to support 
renewable energy, (2) assesses marine renewable energy impacts 
on living marine resources, (3) recommends best management 
practices for industry to avoid adverse effects in the marine 
and coastal environment, and (4) supports State programs to 
create special area management plans to promote renewable 
energy and public outreach. The bill would require Federal 
agencies to consider NOAA's data when making planning, siting, 
and permitting decisions for marine renewable energy. NOAA 
would be directed to create a renewable energy information 
library and data portal to make information publicly available.
  The legislation would authorize $100 million annually for 
each of fiscal years 2010 through 2014 and provide that up to 
50 percent of funds would be available to educational 
institutions or states to carry out activities in support the 
program. Finally, the bill would permit NOAA to accept funds 
from any party to further the purposes of the legislation.

                          Legislative History

  Senators Begich and Snowe introduced the Renewable Energy 
Environmental Research Act of 2009 on December 9, 2009. 
Senators Bill Nelson and Hutchison are cosponsors. The 
Commerce, Science, and Transportation Subcommittee on Oceans, 
Atmosphere, Fisheries, and Coast Guard hearings ``The Blue 
Economy: The Role of the Oceans in our Nation's Economic 
Future'' and ``The Future of Ocean Governance: Building Our 
National Ocean Policy,'' addressed the need for this 
legislation. On December 17, 2009, the Committee met in open 
executive session and ordered S. 2852 reported without 
amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                   January 6, 2010.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2852, the Renewable 
Energy Environmental Research Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2852--Renewable Energy Environmental Research Act of 2009

    Summary: S. 2852 would authorize the appropriation of $100 
million a year over the 2010-2014 period for a National Oceanic 
and Atmospheric Administration (NOAA) program to support the 
development of renewable energy through enhanced research and 
data distribution. Assuming appropriation of the authorized 
amounts, CBO estimates that implementing the legislation would 
cost $431 million over the 2010-2014 period and $69 million 
after 2014. Enacting the legislation would not affect direct 
spending or revenues.
    S. 2852 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2852 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(environment and natural resources).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2010    2011    2012    2013    2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level..........................................     100     100     100     100     100       500
Estimated Outlays............................................      49      85      97     100     100       431
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted early in calendar year 2010 and 
that the authorized amounts will be appropriated for each 
fiscal year. Estimated outlays are based on historical spending 
patterns for similar NOAA programs.
    S. 2852 would authorize the appropriation of $100 million a 
year over the 2010-2014 period for a NOAA program to support 
the development of renewable energy. Of those amounts, up to 
$50 million a year would be used to fund grants to states and 
universities to carry out activities that support the program. 
The bill also would direct NOAA to develop a research plan for 
the program and to establish a digital library that would allow 
the public online access to data and other resources to support 
renewable energy development. Finally, the bill would require 
NOAA to submit biennial reports to the Congress describing 
activities conducted under the program. Assuming appropriation 
of the authorized amounts, CBO estimates that implementing S. 
2852 would cost $431 million over the 2010-2014 period and $69 
million after 2014.
    Intergovernmental and private-sector impact: S. 2852 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 2852 would authorize NOAA to establish an integrated and 
comprehensive ocean, coastal, Great Lakes, and atmospheric 
research, prediction, and environmental information program to 
support renewable energy. It would not authorize any new 
regulations and therefore would not subject any individuals or 
businesses to new regulations.

                            ECONOMIC IMPACT

  The bill would authorize annual authorizations of $100 
million for each of fiscal years 2010 through 2014 for NOAA and 
direct that up to 50 percent of funds be available to 
educational institutions or states to carry out activities in 
support of the legislation. These funding levels are not 
expected to have an inflationary impact on the nation's 
economy.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  S. 2852 would not increase paperwork requirements for the 
private sector.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short Title.

  This section would provide that the legislation may be cited 
as the Renewable Energy Environmental Research Act of 2009.

Section 2. Purpose.

  This section would state that the purpose of the Act is to 
establish an integrated and comprehensive ocean, coastal, Great 
Lakes, and atmospheric research, prediction, and environmental 
information program to support renewable energy.

Section 3. Renewable Energy Research Plan.

  This section would require the Administrator of NOAA to 
develop a plan based on comments and input from public 
hearings, and to conduct a review of scientific and industry 
information in support of renewable energy development. The 
plan would: (1) define requirements for a comprehensive science 
program; (2) identify and describe current data, programs, 
products, and services within NOAA relevant to renewable energy 
development; (3) provide research, data, monitoring, 
observation, and products to support renewable energy and smart 
grid technology; and (4) provide research data, monitoring, and 
other information, products, and services to inform renewable 
energy decisions concerning coastal and marine habitats and 
living marine resources. The Committee does not intend the 
creation of the plan or program to be established under section 
4 to delay renewable energy projects currently under 
development.
  In developing the research plan, the Committee expects the 
Administrator to seek public 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's 
research products and services to more effectively support 
renewable energy development. The Committee intends the plan to 
guide development of the program to be established under 
section 4 and ensure that NOAA's climate, atmospheric, and 
marine research is developed in a coordinated manner and is 
beneficial and available to all Federal agencies and other 
entities engaged in efforts to consider ocean, coastal, or 
Great Lake sites for renewable energy development.

Section 4. Establishment of Research, Prediction, and Environmental 
        Information Program.

  This section would establish within NOAA an integrated and 
comprehensive ocean, coastal, Great Lakes and atmosphere 
research and operation program to support renewable energy 
development. The program would include: (1) coordinated 
climate, weather, and water research, monitoring, and 
observation to support renewable energy development and 
mitigate the impact of marine renewable energy development on 
marine ecosystems; (2) sustained operational weather, water, 
and climate products from research, observations and prediction 
outputs; (3) means of identifying biological and ecological 
effect of marine renewable energy development on living marine 
resources, the marine and coastal environment, marine dependent 
industries, and coastal communities; (4) strategies to address 
potential impacts of marine renewable energy; (5) information 
to characterize and minimize environmental impacts of marine 
renewable energy on living marine resources and the marine 
environment through robust baseline ecological characterization 
and data collection, adaptive management, and establishment of 
protocols for minimizing the environmental impacts of testing, 
developing, and deploying marine renewable energy devices, and 
recommendations for best management practices for industry; (6) 
support for States to develop marine special management plans 
to support renewable energy development and comprehensive 
digital mapping, modeling, and other geospatial information and 
services to support planning for renewable energy; and (7) 
provisions for public outreach.
  This section would direct the program to collect, synthesize, 
and distribute data in a manner that can be used by marine 
resource managers, Federal and State agencies, and tribes 
responsible for making decisions about marine renewable energy 
projects. Also, this section would direct the Administrator to 
seek opportunities to facilitate and expand cooperation with 
private sector entities to develop and expand information 
services that serve the renewable energy industry.
  With respect to the development of renewable energy on the 
Outer Continental Shelf, except for Ocean Thermal Energy 
Conversion, the Committee recognizes that the Department of the 
Interior has responsibility for granting leases, easements, or 
rights-of-way for energy and related purposes as specified 
under section 388 of Public Law 109-58. This legislation is not 
intended to revise or affect the current authority or 
responsibilities of any other Federal agency. The Committee 
intends that the areas of research within NOAA's authority 
would be developed in a coordinated and comprehensive manner to 
support renewable energy development and would be available to 
all Federal agencies, States, Tribes, the private sector, and 
other entities engaged in efforts to consider ocean, coastal or 
Great Lakes sites for renewable energy development. The 
Committee expects the Administrator to consult and coordinate 
with these entities to ensure that the plan and research 
program support the needs of the renewable energy sector. 
Further, the Committee intends other Federal agencies and 
marine resource managers to use the biological and ecological 
data, information, and strategies developed by this program 
when making planning, siting, and permitting decisions for 
marine renewable energy.

Section 5. Biennial Reports.

  This section would require NOAA to provide 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 that describes the activities carried out under the 
Act, recommendations for priority activities under the Act, and 
recommended funding levels for activities.

Section 6. Library.

  This section would require NOAA to establish a renewable 
energy information library and data portal within one year 
after the date of enactment.

Section 7. Federal Coordination.

  This section would require NOAA to coordinate activities with 
other Federal agencies.

Section 8. Agreements.

  This section would allow the Administrator of NOAA to enter 
into agreements to carry out purposes of the Act.

Section 9. Authority to Receive Funds.

  This section would allow the Administrator to accept, retain, 
and use funds from any party pursuant to an agreement for 
activities furthering the purposes of the Act.

Section 10. Use of Ocean Observing Offshore Infrastructure.

  This section would allow the Administrator to execute a 
memorandum of understanding to use offshore platforms and 
infrastructure for meteorological and oceanographic observation 
sensors. NOAA would manage information collected by such 
sensors.

Section 11. Definitions.

  This section would define the terms Administrator, Marine 
Renewable Energy, and NOAA.

Section 12. Authorization of Appropriations.

  This section would authorize $100 million for each of fiscal 
years 2010 through 2014 and direct NOAA to make up to 50 
percent of the funding available to educational institutions 
and States with approved coastal zone management plans.

Section 13. Savings Provision

  This section would state that nothing in this Act shall be 
construed to supersede or modify the authorities or 
jurisdiction of any Federal or State agency in effect on the 
date of enactment of this Act.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.

                                  
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