II Calendar No. 634 113th CONGRESS 2d Session S. 1419 [Report No. 113–294] 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. Short title; table of contents (a) Short title This Act may be cited as the Marine and Hydrokinetic Renewable Energy Act of 2013 . (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. I Marine and hy­dro­ki­net­ic renewable en­er­gy technologies 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 . 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: 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 expand marine and hydrokinetic renewable energy production, 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, including development of corrosion-resistant and anti-fouling materials; (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; (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 in the United States and the participation of research centers and companies of the United States in international projects. . 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 The Centers (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. . 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 2014 through 2017 . II Marine and hy­dro­ki­net­ic renewable en­er­gy regulatory efficiency 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: 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; (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 limitations (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. (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. (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. (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. .

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. I Marine and hydrokinetic renewable energy technologies 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 . 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: 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. . 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. . 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 . II Marine and hydrokinetic renewable energy regulatory efficiency 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: 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. .

December 10, 2014 Reported with an amendment