II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Marine and Hydrokinetic Renewable Energy Act of 

6 2013’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 TITLE I—MARINE AND HYDROKI2 NETIC RENEWABLE ENERGY 

3 TECHNOLOGIES 

4 SEC. 101. DEFINITION OF MARINE AND HYDROKINETIC RE5 NEWABLE ENERGY. 

6 Section 632 of the Energy Independence and Security 

7 Act of 2007 (42 U.S.C. 17211) is amended in the matter 

8 preceding paragraph (1) by striking ‘‘electrical’’. 

9 SEC. 102. MARINE AND HYDROKINETIC RENEWABLE EN10 ERGY RESEARCH AND DEVELOPMENT. 

11 Section 633 of the Energy Independence and Security 

12 Act of 2007 (42 U.S.C. 17212) is amended to read as 

13 follows: 

14 ‘‘SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN15 ERGY RESEARCH AND DEVELOPMENT. 

16 ‘‘The Secretary, in consultation with the Secretary of 

17 the Interior, the Secretary of Commerce, and the Federal 

18 Energy Regulatory Commission, shall carry out a program 

19 of research, development, demonstration, and commercial 


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1 application to expand marine and hydrokinetic renewable 

2 energy production, including programs— 

3 ‘‘(1) to assist technology development to im4 prove the components, processes, and systems used 

5 for power generation from marine and hydrokinetic 

6 renewable energy resources; 

7 ‘‘(2) to establish critical testing infrastructure 

8 necessary— 

9 ‘‘(A) to cost effectively and efficiently test 

10 and prove marine and hydrokinetic renewable 

11 energy devices; and 

12 ‘‘(B) to accelerate the technological readi13 ness and commercialization of those devices; 

14 ‘‘(3) to support efforts to increase the efficiency 

15 of energy conversion, lower the cost, increase the 

16 use, improve the reliability, and demonstrate the ap17 plicability of marine and hydrokinetic renewable en18 ergy technologies by participating in demonstration 

19 projects; 

20 ‘‘(4) to investigate variability issues and the ef21 ficient and reliable integration of marine and 

22 hydrokinetic renewable energy with the utility grid; 

23 ‘‘(5) to identify and study critical short- and 

24 long-term needs to create a sustainable marine and 


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1 hydrokinetic renewable energy supply chain based in 

2 the United States; 

3 ‘‘(6) to increase the reliability and survivability 

4 of marine and hydrokinetic renewable energy tech5 nologies, including development of corrosion-resist6 ant and anti-fouling materials; 

7 ‘‘(7) to verify the performance, reliability, main8 tainability, and cost of new marine and hydrokinetic 

9 renewable energy device designs and system compo10 nents in an operating environment; 

11 ‘‘(8) to coordinate and avoid duplication of ac12 tivities across programs of the Department and 

13 other applicable Federal agencies, including National 

14 Laboratories; 

15 ‘‘(9) to identify opportunities for joint research 

16 and development programs and development of 

17 economies of scale between— 

18 ‘‘(A) marine and hydrokinetic renewable 

19 energy technologies; and 

20 ‘‘(B) other renewable energy and fossil en21 ergy programs, offshore oil and gas production 

22 activities, and activities of the Department of 

23 Defense; and 

24 ‘‘(10) to support in-water technology develop25 ment with international partners using existing coVerDate Mar 15 2010 02:15 Aug 07, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1419.IS S1419

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1 operative procedures (including memoranda of un2 derstanding)— 

3 ‘‘(A) to allow cooperative funding and 

4 other support of value to be exchanged and le5 veraged; and 

6 ‘‘(B) to encourage the participation of 

7 international research centers and companies in 

8 the United States and the participation of re9 search centers and companies of the United 

10 States in international projects.’’. 

11 SEC. 103. NATIONAL MARINE RENEWABLE ENERGY RE12 SEARCH, DEVELOPMENT, AND DEMONSTRA13 TION CENTERS. 

14 Section 634 of the Energy Independence and Security 

15 Act of 2007 (42 U.S.C. 17213) is amended by striking 

16 subsection (b) and inserting the following: 

17 ‘‘(b) PURPOSES.—The Centers (in coordination with 

18 the Department and National Laboratories) shall— 

19 ‘‘(1) advance research, development, demonstra20 tion, and commercial application of marine and 

21 hydrokinetic renewable energy technologies; 

22 ‘‘(2) support in-water testing and demonstra23 tion of marine and hydrokinetic renewable energy 

24 technologies, including facilities capable of testing— 


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1 ‘‘(A) marine and hydrokinetic renewable 

2 energy systems of various technology readiness 

3 levels and scales; 

4 ‘‘(B) a variety of technologies in multiple 

5 test berths at a single location; and 

6 ‘‘(C) arrays of technology devices; and 

7 ‘‘(3) serve as information clearinghouses for the 

8 marine and hydrokinetic renewable energy industry 

9 by collecting and disseminating information on best 

10 practices in all areas relating to developing and 

11 managing marine and hydrokinetic renewable energy 

12 resources and energy systems.’’. 

13 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 636 of the Energy Independence and Security 

15 Act of 2007 (42 U.S.C. 17215) is amended by striking 

16 ‘‘2008 through 2012’’ and inserting ‘‘2014 through 

17 2017’’. 

18 TITLE II—MARINE AND HYDRO19 KINETIC RENEWABLE ENER20 GY REGULATORY EFFICIENCY 

21 SEC. 201. MARINE AND HYDROKINETIC RENEWABLE EN22 ERGY PROJECTS AND FACILITIES. 

23 Part I of the Federal Power Act (16 U.S.C. 792 et 

24 seq.) is amended by adding at the end the following: 


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1 ‘‘SEC. 34. PILOT LICENSE FOR MARINE AND HYDROKINETIC 

2 RENEWABLE ENERGY PROJECTS. 

3 ‘‘(a) DEFINITION OF HYDROKINETIC PILOT

4 PROJECT.— 

5 ‘‘(1) IN GENERAL.—In this section, the term 

6 ‘hydrokinetic pilot project’ means a facility that gen7 erates energy from— 

8 ‘‘(A) waves, tides, or currents in an ocean, 

9 estuary, or tidal area; or 

10 ‘‘(B) free-flowing water in a river, lake, or 

11 stream. 

12 ‘‘(2) EXCLUSIONS.—The term ‘hydrokinetic 

13 pilot project’ does not include a project that uses a 

14 dam or other impoundment for electric power pur15 poses. 

16 ‘‘(b) PILOT LICENSES AUTHORIZED.—The Commis17 sion may issue a pilot license to construct, operate, and 

18 maintain a hydrokinetic pilot project that meets the cri19 teria listed in subsection (c). 

20 ‘‘(c) LICENSE CRITERIA.—The Commission may 

21 issue a pilot license for a hydrokinetic pilot project if the 

22 project— 

23 ‘‘(1) will have an installed capacity of not more 

24 than 10 megawatts; 

25 ‘‘(2) is for a term of not more than 10 years; 


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1 ‘‘(3) will not cause a significant adverse envi2 ronmental impact or interfere with navigation; 

3 ‘‘(4) is removable and can shut down on reason4 able notice in the event of a significant adverse safe5 ty, navigation, or environmental impact; 

6 ‘‘(5) can be removed, and the site can be re7 stored, by the end of the license term, unless the 

8 project has obtained a new license or the Commis9 sion has determined, based on substantial evidence, 

10 that the project should not be removed because it 

11 would be preferable for environmental or other rea12 sons not to; and 

13 ‘‘(6) is primarily for the purpose of— 

14 ‘‘(A) testing new hydrokinetic technologies; 

15 ‘‘(B) locating appropriate sites for new 

16 hydrokinetic technologies; or 

17 ‘‘(C) determining the environmental and 

18 other effects of a hydrokinetic technology. 

19 ‘‘(d) LEAD AGENCY.—In carrying out this section, 

20 the Commission shall act as the lead agency— 

21 ‘‘(1) to coordinate all applicable Federal author22 izations; and 

23 ‘‘(2) to comply with the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

25 ‘‘(e) SCHEDULE GOALS.— 


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1 ‘‘(1) IN GENERAL.—Not later than 30 days 

2 after the date on which the Commission receives a 

3 completed application, and following consultation 

4 with Federal, State, and local agencies with jurisdic5 tion over the hydrokinetic pilot project, the Commis6 sion shall develop and issue pilot license approval 

7 process scheduling goals that cover all Federal, 

8 State, and local permits required by law. 

9 ‘‘(2) COMPLIANCE.—Applicable Federal, State, 

10 and local agencies shall comply with the goals estab11 lished under paragraph (1) to the maximum extent 

12 practicable, consistent with applicable law. 

13 ‘‘(3) 1-YEAR GOAL.—It shall be the goal of the 

14 Commission and the other applicable agencies to 

15 complete the pilot license process by not later than 

16 1 year after the date on which the Commission re17 ceives the completed application. 

18 ‘‘(f) SIZE LIMITATIONS.— 

19 ‘‘(1) IN GENERAL.—The Commission may grant 

20 a pilot license for a project located in the ocean if 

21 the project covers a surface area of not more than 

22 1 square nautical mile. 

23 ‘‘(2) EXCEPTION.—The Commission, at the dis24 cretion of the Commission and for good cause, may 


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1 grant a pilot license for a project that covers a sur2 face area of more than 1 square nautical mile. 

3 ‘‘(3) LIMITATION.—For proposed projects lo4 cated in an estuary, tidal area, river, lake, or 

5 stream, the Commission shall determine the size 

6 limit on a case-by-case basis, taking into account all 

7 relevant factors. 

8 ‘‘(g) EXTENSIONS AUTHORIZED.—On application by 

9 a project, the Commission may make a 1-time extension 

10 of a pilot license for a term not to exceed 5 years.’’. 

Æ 


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