II 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Marine and Hydrokinetic Renewable Energy Act of 

4 2013’’. 

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

6 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. 

7 TITLE I—MARINE AND HYDROKI8 NETIC RENEWABLE ENERGY 

9 TECHNOLOGIES 

10 SEC. 101. DEFINITION OF MARINE AND HYDROKINETIC RE11 NEWABLE ENERGY. 

12 Section 632 of the Energy Independence and Security 

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

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

15 SEC. 102. MARINE AND HYDROKINETIC RENEWABLE EN16 ERGY RESEARCH AND DEVELOPMENT. 

17 Section 633 of the Energy Independence and Security 

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

19 follows: 


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1 ‘‘SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN2 ERGY RESEARCH AND DEVELOPMENT. 

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

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

5 Energy Regulatory Commission, shall carry out a program 

6 of research, development, demonstration, and commercial 

7 application to expand marine and hydrokinetic renewable 

8 energy production, including programs— 

9 ‘‘(1) to assist technology development to im10 prove the components, processes, and systems used 

11 for power generation from marine and hydrokinetic 

12 renewable energy resources; 

13 ‘‘(2) to establish critical testing infrastructure 

14 necessary— 

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

16 and prove marine and hydrokinetic renewable 

17 energy devices; and 

18 ‘‘(B) to accelerate the technological readi19 ness and commercialization of those devices; 

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

21 of energy conversion, lower the cost, increase the 

22 use, improve the reliability, and demonstrate the ap23 plicability of marine and hydrokinetic renewable en24 ergy technologies by participating in demonstration 

25 projects; 


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1 ‘‘(4) to investigate variability issues and the ef2 ficient and reliable integration of marine and 

3 hydrokinetic renewable energy with the utility grid; 

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

5 long-term needs to create a sustainable marine and 

6 hydrokinetic renewable energy supply chain based in 

7 the United States; 

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

9 of marine and hydrokinetic renewable energy tech10 nologies, including development of corrosion-resist11 ant and anti-fouling materials; 

12 ‘‘(7) to verify the performance, reliability, main13 tainability, and cost of new marine and hydrokinetic 

14 renewable energy device designs and system compo15 nents in an operating environment; 

16 ‘‘(8) to coordinate and avoid duplication of ac17 tivities across programs of the Department and 

18 other applicable Federal agencies, including National 

19 Laboratories; 

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

21 and development programs and development of 

22 economies of scale between— 

23 ‘‘(A) marine and hydrokinetic renewable 

24 energy technologies; and 


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1 ‘‘(B) other renewable energy and fossil en2 ergy programs, offshore oil and gas production 

3 activities, and activities of the Department of 

4 Defense; and 

5 ‘‘(10) to support in-water technology develop6 ment with international partners using existing co7 operative procedures (including memoranda of un8 derstanding)— 

9 ‘‘(A) to allow cooperative funding and 

10 other support of value to be exchanged and le11 veraged; and 

12 ‘‘(B) to encourage the participation of 

13 international research centers and companies in 

14 the United States and the participation of re15 search centers and companies of the United 

16 States in international projects.’’. 

17 SEC. 103. NATIONAL MARINE RENEWABLE ENERGY RE18 SEARCH, DEVELOPMENT, AND DEMONSTRA19 TION CENTERS. 

20 Section 634 of the Energy Independence and Security 

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

22 subsection (b) and inserting the following: 

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

24 the Department and National Laboratories) shall— 


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1 ‘‘(1) advance research, development, demonstra2 tion, and commercial application of marine and 

3 hydrokinetic renewable energy technologies; 

4 ‘‘(2) support in-water testing and demonstra5 tion of marine and hydrokinetic renewable energy 

6 technologies, including facilities capable of testing— 

7 ‘‘(A) marine and hydrokinetic renewable 

8 energy systems of various technology readiness 

9 levels and scales; 

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

11 test berths at a single location; and 

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

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

14 marine and hydrokinetic renewable energy industry 

15 by collecting and disseminating information on best 

16 practices in all areas relating to developing and 

17 managing marine and hydrokinetic renewable energy 

18 resources and energy systems.’’. 

19 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 636 of the Energy Independence and Security 

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

22 ‘‘2008 through 2012’’ and inserting ‘‘2014 through 

23 2017’’. 


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1 TITLE II—MARINE AND HYDRO2 KINETIC RENEWABLE ENER3 GY REGULATORY EFFICIENCY 

4 SEC. 201. MARINE AND HYDROKINETIC RENEWABLE EN5 ERGY PROJECTS AND FACILITIES. 

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

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

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

9 RENEWABLE ENERGY PROJECTS. 

10 ‘‘(a) DEFINITION OF HYDROKINETIC PILOT

11 PROJECT.— 

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

13 ‘hydrokinetic pilot project’ means a facility that gen14 erates energy from— 

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

16 estuary, or tidal area; or 

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

18 stream. 

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

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

21 dam or other impoundment for electric power pur22 poses. 

23 ‘‘(b) PILOT LICENSES AUTHORIZED.—The Commis24 sion may issue a pilot license to construct, operate, and 


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1 maintain a hydrokinetic pilot project that meets the cri2 teria listed in subsection (c). 

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

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

5 project— 

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

7 than 10 megawatts; 

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

9 ‘‘(3) will not cause a significant adverse envi10 ronmental impact or interfere with navigation; 

11 ‘‘(4) is removable and can shut down on reason12 able notice in the event of a significant adverse safe13 ty, navigation, or environmental impact; 

14 ‘‘(5) can be removed, and the site can be re15 stored, by the end of the license term, unless the 

16 project has obtained a new license or the Commis17 sion has determined, based on substantial evidence, 

18 that the project should not be removed because it 

19 would be preferable for environmental or other rea20 sons not to; and 

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

22 ‘‘(A) testing new hydrokinetic technologies; 

23 ‘‘(B) locating appropriate sites for new 

24 hydrokinetic technologies; or 


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1 ‘‘(C) determining the environmental and 

2 other effects of a hydrokinetic technology. 

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

4 the Commission shall act as the lead agency— 

5 ‘‘(1) to coordinate all applicable Federal author6 izations; and 

7 ‘‘(2) to comply with the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

9 ‘‘(e) SCHEDULE GOALS.— 

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

11 after the date on which the Commission receives a 

12 completed application, and following consultation 

13 with Federal, State, and local agencies with jurisdic14 tion over the hydrokinetic pilot project, the Commis15 sion shall develop and issue pilot license approval 

16 process scheduling goals that cover all Federal, 

17 State, and local permits required by law. 

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

19 and local agencies shall comply with the goals estab20 lished under paragraph (1) to the maximum extent 

21 practicable, consistent with applicable law. 

22 ‘‘(3) 1-YEAR GOAL.—It shall be the goal of the 

23 Commission and the other applicable agencies to 

24 complete the pilot license process by not later than 


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1 1 year after the date on which the Commission re2 ceives the completed application. 

3 ‘‘(f) SIZE LIMITATIONS.— 

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

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

6 the project covers a surface area of not more than 

7 1 square nautical mile. 

8 ‘‘(2) EXCEPTION.—The Commission, at the dis9 cretion of the Commission and for good cause, may 

10 grant a pilot license for a project that covers a sur11 face area of more than 1 square nautical mile. 

12 ‘‘(3) LIMITATION.—For proposed projects lo13 cated in an estuary, tidal area, river, lake, or 

14 stream, the Commission shall determine the size 

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

16 relevant factors. 

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

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

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

20 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

21 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ma22 rine and Hydrokinetic Renewable Energy Act of 2014’’. 

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

24 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 

2 HYDROKINETIC RENEWABLE 

3 ENERGY 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 fol13 lows: 

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 accelerate the introduction of marine and 

2 hydrokinetic renewable energy production into the United 

3 States energy supply, giving priority to fostering acceler4 ated research, development, and commercialization of tech5 nology, including programs— 

6 ‘‘(1) to assist technology development to improve 

7 the components, processes, and systems used for power 

8 generation from marine and hydrokinetic renewable 

9 energy resources; 

10 ‘‘(2) to establish critical testing infrastructure 

11 necessary— 

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

13 and prove marine and hydrokinetic renewable 

14 energy devices; and 

15 ‘‘(B) to accelerate the technological readi16 ness and commercialization of those devices; 

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

18 of energy conversion, lower the cost, increase the use, 

19 improve the reliability, and demonstrate the applica20 bility of marine and hydrokinetic renewable energy 

21 technologies by participating in demonstration 

22 projects; 

23 ‘‘(4) to investigate variability issues and the effi24 cient and reliable integration of marine and 

25 hydrokinetic renewable energy with the utility grid; 


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

2 long-term needs to create a sustainable marine and 

3 hydrokinetic renewable energy supply chain based in 

4 the United States; 

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

6 of marine and hydrokinetic renewable energy tech7 nologies; 

8 ‘‘(7) to verify the performance, reliability, main9 tainability, and cost of new marine and hydrokinetic 

10 renewable energy device designs and system compo11 nents in an operating environment; 

12 ‘‘(8) to coordinate and avoid duplication of ac13 tivities across programs of the Department and other 

14 applicable Federal agencies, including National Lab15 oratories and to coordinate public-private collabora16 tion in all programs under this section; 

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

18 and development programs and development of econo19 mies of scale between— 

20 ‘‘(A) marine and hydrokinetic renewable en21 ergy technologies; and 

22 ‘‘(B) other renewable energy and fossil en23 ergy programs, offshore oil and gas production 

24 activities, and activities of the Department of 

25 Defense; and 


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1 ‘‘(10) to support in-water technology develop2 ment with international partners using existing coop3 erative procedures (including memoranda of under4 standing)— 

5 ‘‘(A) to allow cooperative funding and other 

6 support of value to be exchanged and leveraged; 

7 and 

8 ‘‘(B) to encourage the participation of 

9 international research centers and companies 

10 within the United States and the participation 

11 of United States research centers and companies 

12 in international projects.’’. 

13 SEC. 103. NATIONAL MARINE RENEWABLE ENERGY RE14 SEARCH, DEVELOPMENT, AND DEMONSTRA15 TION CENTERS. 

16 Section 634 of the Energy Independence and Security 

17 Act of 2007 (42 U.S.C. 17213) is amended by striking sub18 section (b) and inserting the following: 

19 ‘‘(b) PURPOSES.—A Center (in coordination with the 

20 Department and National Laboratories) shall— 

21 ‘‘(1) advance research, development, demonstra22 tion, and commercial application of marine and 

23 hydrokinetic renewable energy technologies; 


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1 ‘‘(2) support in-water testing and demonstration 

2 of marine and hydrokinetic renewable energy tech3 nologies, including facilities capable of testing— 

4 ‘‘(A) marine and hydrokinetic renewable en5 ergy systems of various technology readiness lev6 els and scales; 

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

8 test berths at a single location; and 

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

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

11 marine and hydrokinetic renewable energy industry 

12 by collecting and disseminating information on best 

13 practices in all areas relating to developing and man14 aging marine and hydrokinetic renewable energy re15 sources and energy systems.’’. 

16 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 636 of the Energy Independence and Security 

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

19 ‘‘2008 through 2012’’ and inserting ‘‘2015 through 2018’’. 


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1 TITLE II—MARINE AND 

2 HYDROKINETIC RENEWABLE 

3 ENERGY REGULATORY EFFI4 CIENCY 

5 SEC. 201. MARINE AND HYDROKINETIC RENEWABLE EN6 ERGY PROJECTS AND FACILITIES. 

7 Part I of the Federal Power Act (16 U.S.C. 792 et seq.) 

8 is amended by adding at the end the following: 

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

10 RENEWABLE ENERGY PROJECTS. 

11 ‘‘(a) DEFINITION OF HYDROKINETIC PILOT

12 PROJECT.— 

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

14 ‘hydrokinetic pilot project’ means a facility that gen15 erates energy from— 

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

17 estuary, or tidal area; or 

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

19 stream. 

20 ‘‘(2) EXCLUSIONS.—The term ‘hydrokinetic pilot 

21 project’ does not include a project that uses a dam or 

22 other impoundment for electric power purposes. 

23 ‘‘(b) PILOT LICENSES AUTHORIZED.—The Commis24 sion may issue a pilot license to construct, operate, and 


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1 maintain a hydrokinetic pilot project that meets the criteria 

2 listed in subsection (c). 

3 ‘‘(c) LICENSE CRITERIA.—The Commission may issue 

4 a pilot license for a hydrokinetic pilot project if the 

5 project— 

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

7 than 10 megawatts; 

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

9 ‘‘(3) will not cause a significant adverse environ10 mental impact or interfere with navigation; 

11 ‘‘(4) is removable and can shut down on reason12 able notice in the event of a significant adverse safety, 

13 navigation, or environmental impact; 

14 ‘‘(5) can be removed, and the site can be restored, 

15 by the end of the license term, unless the project has 

16 obtained a new license or the Commission has deter17 mined, based on substantial evidence, that the project 

18 should not be removed because it would be preferable 

19 for environmental or other reasons not to; and 

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

21 ‘‘(A) testing new hydrokinetic technologies, 

22 both single devices and in arrays of devices; 

23 ‘‘(B) locating appropriate sites for new 

24 hydrokinetic technologies; or 


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1 ‘‘(C) determining the environmental and 

2 other effects of a hydrokinetic technology. 

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

4 Commission shall act as the lead agency— 

5 ‘‘(1) to coordinate all applicable Federal author6 izations; and 

7 ‘‘(2) to comply with the National Environmental 

8 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

9 ‘‘(e) SCHEDULE GOALS.— 

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

11 the date on which the Commission receives a com12 pleted application, and following consultation with 

13 Federal, State, and local agencies with jurisdiction 

14 over the hydrokinetic pilot project, the Commission 

15 shall develop and issue pilot license approval process 

16 scheduling goals that cover all Federal, State, and 

17 local permits required by law. 

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

19 and local agencies shall comply with the goals estab20 lished under paragraph (1) to the maximum extent 

21 practicable, consistent with applicable law. 

22 ‘‘(3) 1-YEAR GOAL.—It shall be the goal of the 

23 Commission and the other applicable agencies to com24 plete the pilot license process by not later than 1 year 


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1 after the date on which the Commission receives the 

2 completed application. 

3 ‘‘(f) SIZE LIMITATION.—For proposed projects located 

4 in an estuary, tidal area, river, lake, or stream, the Com5 mission shall determine the size limit on a case-by-case 

6 basis, taking into account all relevant factors. 

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

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

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


emcdonald on DSK67QTVN1PROD with BILLS
Calendar No. 634 

113TH CONGRESS 

2D SESSION S. 1419 

[Report No. 113–294] 

A BILL 

To promote research, development, and demonstratechnologies, and for other purposes. tion of marine and hydrokinetic renewable energy 

DECEMBER 10, 2014 

Reported with an amendment 


emcdonald on DSK67QTVN1PROD with BILLS