U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

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 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

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 


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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 

R E P O R T 

[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 


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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. 


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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 livVerDate Mar 15 2010 06:47 Jun 15, 2010 Jkt 089010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6601 E:\HR\OC\SR206.XXX SR206

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ing 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 


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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 


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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. 


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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 


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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 


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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. 

Æ 


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