Regulating Offshore Renewable Energy Leasing and Development

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1 Regulating Offshore Renewable Energy Leasing and Development Robert P. LaBelle Acting Associate Director Offshore Energy and Minerals Management Bureau of Ocean Energy Management, Regulation and Enforcement

2 Bureau of Ocean Energy Management, Regulation & Enforcement Department of the Interior s s Ocean Energy Agency Manage the nation's oil and gas and other mineral and energy resources on the Outer Continental Shelf (OCS) 2

3 Energy Policy Act 2005 (EPAct) Gave the Secretary of the Interior the authority to regulate a broad spectrum of activities: Production, transportation, or transmission of energy from sources other than oil and gas Renewable Energy Use of currently or previously OCSLA- authorized facilities for energy-related related purposes or for other authorized marine- related purposes Alternate Use 3

4 OCS Renewable Energy Program Philosophy Coordinate with federal, state, and local agencies, tribal governments, and stakeholders Apply our renewable energy regulatory framework in conjunction with interagency-led planning activities Focus on multiple-use use Work within the current authorities and responsibilities of agencies and continue ongoing activities 4

5 Regulatory Framework Coordination (throughout rule) Federal/State/Local/Tribal Task Forces Leasing Process and Issuance (Subpart B) Commercial & Limited Leases Competitive & Noncompetitive Leasing Research Activities Payments (Subpart E) Leasing Process and Issuance (Subpart B) Payments (Subpart E) Bonding, Payments, Revenue Sharing Plans (Subpart F) Site Assessment and Construction & Operations General Activities (Subpart H) Plans (Subpart F) Conduct of Approved Plan Activities (Subpart H) Environmental & Safety Monitoring & Inspections (Subpart I) Decommissioning (Subpart I) 5

6 Applicable Laws and Executive Orders National Environmental Policy Act Endangered Species Act Marine Mammal Protection Act Magnuson-Stevens Fishery Conservation and Management Act Marine Protection, Research, & Sanctuaries Act National Marine Sanctuaries Act E.O (Migratory Birds) Coastal Zone Management Act Clean Air Act Clean Water Act Marking of Obstructions E.O (Stewardship of the Oceans, Our Coasts & the Great Lakes) Ports and Waterways Safety Act Rivers and Harbors Appropriation Act Resource Conservation and Recovery Act National Historic Preservation Act Archaeological and Historical Preservation Act American Indian Religious Freedom Act Federal Aviation Act Federal Power Act E.O (Indian Sacred Sites) 6

7 Intergovernmental Task Forces Affected State, local, & tribal governments and federal agencies participate Does not replace consultation under existing federal laws and regulations Forum to: Educate each other about permitting and statutory responsibilities, and stakeholders issues Exchange data about biological and physical resources, uses, and priorities Continue dialogue about renewable energy activities throughout the leasing process BOEMRE considers task force input in our renewable energy leasing decisions 7

8 Intergovernmental Task Forces Task Force States: Maine, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, Oregon On the Horizon: Florida, Hawaii, South Carolina 8

9 Agreements With Federal Agencies BOEMRE is establishing agreements to facilitate coordination on OCS renewable energy development: Completed a MOU with Department of Energy (DOE) Completed a MOU with U.S. Fish and Wildlife Service Updated our existing MOU with U.S. Coast Guard Work is proceeding on agreements with Department of Defense, U.S. Army Corps of Engineers, and National Oceanic and Atmospheric Administration (NOAA) Continuing to work with Federal Energy Regulatory Commission (FERC) to refine procedures relating to marine hydrokinetic projects under an existing MOU 9

10 Research and Studies Efforts Environmental Studies Program Technology Assessment and Research International Energy Agency (IEA) Annex Partners include National Oceanic Partnership Program, DOE, FERC, industry, academia, Marine Board, and BOEMRE Scientific Advisory Committee Use results to inform leasing, plan review, and program decisions 10

11 Marine Spatial Planning EPAct 2005 Section 388: establish an Outer Continental Shelf (OCS) Digital Mapping Initiative to assist in decision making related to alternative energy uses on the OCS BOEMRE has funded the development of a Multipurpose Marine Cadastre for this purpose Partnering with NOAA (the technical lead) to ensure success 11

12 MA Request for Interest (RFI) Received a total of 258 public comments and submissions of interest Public comments: 247 Submissions of interest: 11 Posted all responses on Use link at BOEMRE s Massachusetts Renewable Energy page: =0;D=BOEM No BOEMRE decisions have been made to offer lease(s) 12

13 13

14 14

15 Analyze comments Next Steps Evaluate expressions of interest Hold stakeholders meetings Convene BOEMRE Intergovernmental Task Force Meetings Prepare draft Call for Information & Nominations (Call) and Notice of Intent (NOI) Publish Call and NOI; open public comment periods 15

16 Where are we? Issued 4 Interim Policy leases off New Jersey and Delaware Issued first commercial wind lease for Cape Wind Energy Project offshore Massachusetts Established task forces and issued planning notices to start commercial wind leasing processes off several Atlantic states Received first high voltage direct current transmission project application on the OCS 16

17 What lies ahead? Deployment of meteorological buoys and meteorological towers Construction of the first commercial wind facility Decisions on issuing commercial wind leases off Delaware, Maryland, New Jersey, and Virginia in late 2011/early 2012 Identification of WEAs off Massachusetts, Rhode Island, New York and North Carolina 17

18 18

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