I 118th CONGRESS 1st Session H. R. 2716 IN THE HOUSE OF REPRESENTATIVES April 19, 2023 Ms. Malliotakis introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To distribute revenue from offshore wind projects in the New York Bight Area to certain coastal States, and promote conservation and workforce development.

1. Short title This Act may be cited as the Offshore Wind for Northeastern Energy Revenue Act or the OWNER Act . 2. Parity in offshore wind revenue sharing within the New York Bight Area Section 8(p)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(2) ) is amended— (1) in subparagraph (A), by striking (A) The Secretary and inserting the following: (A) In general Subject to subparagraphs (B) and (C), the Secretary ; (2) in subparagraph (B), by striking (B) The Secretary and inserting the following: (B) Disposition of revenues from projects located within 3 nautical miles seaward of State submerged land The Secretary ; and (3) by adding at the end the following: (C) Disposition of revenues from offshore wind projects in certain areas (i) Deposits For each fiscal year, the Secretary of the Treasury shall deposit— (I) 50 percent of qualified revenue in the general fund of the Treasury and credited to miscellaneous receipts; and (II) 50 percent of qualified revenue in a special account in the Treasury to be allocated to eligible States and coastal political subdivisions in accordance with clause (ii). (ii) Allocations (I) Eligible States (aa) In general Subject to item (bb), for each fiscal year the amount made available under clause (i)(II) shall be allocated to each eligible State in amounts (based on a formula established by the Secretary by a regulation issued not later than 180 days after the date of enactment of this subparagraph) that are inversely proportional to the respective distances between the point on the coastline of each eligible State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. (bb) Minimum allocation The amount allocated to an eligible State each fiscal year under item (aa) shall be at least 10 percent of the amounts made available under clause (i)(II). (II) Coastal political subdivisions (aa) In general For each fiscal year, the Secretary shall pay 25 percent of the allocable share of each eligible State, as determined under subclause (I), to any coastal political subdivisions of the eligible State. (bb) Formula The amount paid by the Secretary to a coastal political subdivision under item (aa) shall be determined in accordance with section 31(b)(4)(B). (iii) Timing The amounts required to be deposited under clause (i)(II) for the applicable fiscal year shall be made available in accordance with clause (i)(II) during the fiscal year immediately following the applicable fiscal year. (iv) Authorized uses (I) In general Subject to subclause (II), each eligible State and coastal political subdivision shall, in accordance with all applicable Federal and State laws, use all amounts received under clause (ii) for one or more of the following purposes: (aa) Coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses. (bb) Workforce training, including for employment in the renewable energy sector and related sectors. (cc) Infrastructure development to support renewable energy projects, including the transmission of renewable energy. (dd) Supporting science, technology, engineering, and mathematics education. (ee) Reducing carbon dioxide emissions and improving air quality. (ff) Mitigation of damage to fish, wildlife, or natural resources. (gg) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. (hh) Planning assistance and the administrative costs of complying with this subparagraph. (II) Limitation An eligible State and coastal political subdivision may not use more than 3 percent of the amounts such eligible State or coastal political subdivision receives for a fiscal year under clause (ii) for the purposes described in subclause (I)(hh). (v) Administration Subject to clause (vi)(III), amounts made available under clause (i)(II) shall— (I) be made available, without further appropriation, in accordance with this subparagraph; (II) remain available until expended; and (III) be in addition to any amount appropriated under any other provision of law. (vi) Reporting (I) In general Not later than 180 days after the end of each applicable fiscal year, the Governor of each eligible State that receives an amount under clause (ii) for a fiscal year shall submit to the Secretary a report that describes the use of such amounts by the eligible State during the period covered by the report. (II) Public availability On receipt of a report under subclause (I), the Secretary shall make the report available to the public on the website of the Department of the Interior. (III) Limitation If the Governor of an eligible State that receives an amount under clause (ii) for a fiscal year fails to submit the report required under subclause (I) by the deadline specified in that subclause, any amount that would otherwise be provided to the eligible State under clause (ii) for the succeeding fiscal year shall be deposited in the general fund of the Treasury and credited to miscellaneous receipts. (vii) Definitions In this subparagraph: (I) Coastal political subdivision The term coastal political subdivision means a political subdivision of an eligible State any part of which political subdivision is— (aa) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 )) of the eligible State as of the date of enactment of this subparagraph; and (bb) not more than 100 nautical miles from the geographic center of any covered offshore wind project. (II) Covered offshore wind project The term covered offshore wind project means a wind-powered electric generation project in a wind energy area on the outer Continental Shelf within the New York Bight Area that is not wholly or partially located within an area subject to subparagraph (B), including— (aa) Hudson North OCS–A 0544; (bb) Central Bight OCS–A 0537; and (cc) Hudson South OCS–A 0538, OCS–A 0539, OCS–A 0541, and OCS–A 0542. (III) Eligible State The term eligible State means a State a point on the coastline of which is located within 75 nautical miles of the geographic center of a covered offshore wind project. (IV) New york bight area The term New York Bight Area means the area extending generally northeast from Cape May in New Jersey to Montauk Point on the eastern tip of Long Island, as described by the Bureau of Ocean Energy Management in the final environmental assessment titled Commercial and Research Wind Lease and Grant Issuance and Site Assessment Activities on the Atlantic Outer Continental Shelf of the New York Bight (December 16, 2021; BOEM 2021–073). (V) Qualified revenue The term qualified revenue means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases for covered offshore wind projects. . 3. Revenue sharing for wind lease sales in the new york bight area in fiscal year 2023 (a) In general For any lease sales held in the New York Bight Area before the date of enactment of this Act, including OCS–A 0544, OCS–A 0537, OCS–A 0538, OCS–A 0539, OCS–A 0541, and OCS–A 0542, the Secretary of the Interior shall disburse the revenue generated by the bonus bids from such lease sales to eligible States pursuant to subparagraph (C) of section 8(p)(2) of the Outer Continental Shelf Lands Act, as added by this Act. (b) Eligible State; New York Bight Area In this section, the terms eligible State and New York Bight Area have the meanings given such terms in subparagraph (C) of section 8(p)(2) of the Outer Continental Shelf Lands Act, as added by this Act. 4. Exemption of certain payments from sequestration (a) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by inserting after Payments to Social Security Trust Funds (28–0404–0–1–651). the following: Payments to States pursuant to subparagraph (C) of section 8(p)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(2)(C) ). . (b) Applicability The amendment made by section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ) on or after the date of enactment of this Act.