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

                                                       Calendar No. 634
113th CONGRESS
  2d Session
                                S. 1419

                          [Report No. 113-294]

   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, Ms. Murkowski, Mr. King, Mr. Merkley, and Mr. 
    Schatz) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           December 10, 2014

              Reported by Ms. Landrieu, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

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

<DELETED>Sec. 201. Marine and hydrokinetic renewable energy projects 
                            and facilities.

      <DELETED>TITLE I--MARINE AND HYDROKINETIC RENEWABLE ENERGY 
                         TECHNOLOGIES</DELETED>

<DELETED>SEC. 101. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE 
              ENERGY.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 102. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH 
              AND DEVELOPMENT.</DELETED>

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

<DELETED>``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH 
              AND DEVELOPMENT.</DELETED>

<DELETED>    ``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--
</DELETED>
        <DELETED>    ``(1) to assist technology development to improve 
        the components, processes, and systems used for power 
        generation from marine and hydrokinetic renewable energy 
        resources;</DELETED>
        <DELETED>    ``(2) to establish critical testing infrastructure 
        necessary--</DELETED>
                <DELETED>    ``(A) to cost effectively and efficiently 
                test and prove marine and hydrokinetic renewable energy 
                devices; and</DELETED>
                <DELETED>    ``(B) to accelerate the technological 
                readiness and commercialization of those 
                devices;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) to investigate variability issues and the 
        efficient and reliable integration of marine and hydrokinetic 
        renewable energy with the utility grid;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(6) to increase the reliability and 
        survivability of marine and hydrokinetic renewable energy 
        technologies, including development of corrosion-resistant and 
        anti-fouling materials;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(8) to coordinate and avoid duplication of 
        activities across programs of the Department and other 
        applicable Federal agencies, including National 
        Laboratories;</DELETED>
        <DELETED>    ``(9) to identify opportunities for joint research 
        and development programs and development of economies of scale 
        between--</DELETED>
                <DELETED>    ``(A) marine and hydrokinetic renewable 
                energy technologies; and</DELETED>
                <DELETED>    ``(B) other renewable energy and fossil 
                energy programs, offshore oil and gas production 
                activities, and activities of the Department of 
                Defense; and</DELETED>
        <DELETED>    ``(10) to support in-water technology development 
        with international partners using existing cooperative 
        procedures (including memoranda of understanding)--</DELETED>
                <DELETED>    ``(A) to allow cooperative funding and 
                other support of value to be exchanged and leveraged; 
                and</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 103. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, 
              DEVELOPMENT, AND DEMONSTRATION CENTERS.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(b) Purposes.--The Centers (in coordination with the 
Department and National Laboratories) shall--</DELETED>
        <DELETED>    ``(1) advance research, development, 
        demonstration, and commercial application of marine and 
        hydrokinetic renewable energy technologies;</DELETED>
        <DELETED>    ``(2) support in-water testing and demonstration 
        of marine and hydrokinetic renewable energy technologies, 
        including facilities capable of testing--</DELETED>
                <DELETED>    ``(A) marine and hydrokinetic renewable 
                energy systems of various technology readiness levels 
                and scales;</DELETED>
                <DELETED>    ``(B) a variety of technologies in 
                multiple test berths at a single location; 
                and</DELETED>
                <DELETED>    ``(C) arrays of technology devices; 
                and</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 104. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>TITLE II--MARINE AND HYDROKINETIC RENEWABLE ENERGY REGULATORY 
                          EFFICIENCY</DELETED>

<DELETED>SEC. 201. MARINE AND HYDROKINETIC RENEWABLE ENERGY PROJECTS 
              AND FACILITIES.</DELETED>

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

<DELETED>``SEC. 34. PILOT LICENSE FOR MARINE AND HYDROKINETIC RENEWABLE 
              ENERGY PROJECTS.</DELETED>

<DELETED>    ``(a) Definition of Hydrokinetic Pilot Project.--
</DELETED>
        <DELETED>    ``(1) In general.--In this section, the term 
        `hydrokinetic pilot project' means a facility that generates 
        energy from--</DELETED>
                <DELETED>    ``(A) waves, tides, or currents in an 
                ocean, estuary, or tidal area; or</DELETED>
                <DELETED>    ``(B) free-flowing water in a river, lake, 
                or stream.</DELETED>
        <DELETED>    ``(2) Exclusions.--The term `hydrokinetic pilot 
        project' does not include a project that uses a dam or other 
        impoundment for electric power purposes.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) License Criteria.--The Commission may issue a pilot 
license for a hydrokinetic pilot project if the project--</DELETED>
        <DELETED>    ``(1) will have an installed capacity of not more 
        than 10 megawatts;</DELETED>
        <DELETED>    ``(2) is for a term of not more than 10 
        years;</DELETED>
        <DELETED>    ``(3) will not cause a significant adverse 
        environmental impact or interfere with navigation;</DELETED>
        <DELETED>    ``(4) is removable and can shut down on reasonable 
        notice in the event of a significant adverse safety, 
        navigation, or environmental impact;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(6) is primarily for the purpose of--</DELETED>
                <DELETED>    ``(A) testing new hydrokinetic 
                technologies;</DELETED>
                <DELETED>    ``(B) locating appropriate sites for new 
                hydrokinetic technologies; or</DELETED>
                <DELETED>    ``(C) determining the environmental and 
                other effects of a hydrokinetic technology.</DELETED>
<DELETED>    ``(d) Lead Agency.--In carrying out this section, the 
Commission shall act as the lead agency--</DELETED>
        <DELETED>    ``(1) to coordinate all applicable Federal 
        authorizations; and</DELETED>
        <DELETED>    ``(2) to comply with the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).</DELETED>
<DELETED>    ``(e) Schedule Goals.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Size Limitations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Marine and 
Hydrokinetic Renewable Energy Act of 2014''.
    (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 accelerate the 
introduction of marine and hydrokinetic renewable energy production 
into the United States energy supply, giving priority to fostering 
accelerated research, development, and commercialization of technology, 
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;
            ``(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 and to coordinate 
        public-private collaboration in all programs under this 
        section;
            ``(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 within the 
                United States and the participation of United States 
                research centers and companies 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.--A Center (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 ``2015 through 2018''.

     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, both 
                single devices and in arrays of devices;
                    ``(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 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.''.
                                                       Calendar No. 634

113th CONGRESS

  2d Session

                                S. 1419

                          [Report No. 113-294]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 10, 2014

                       Reported with an amendment
```