Like most energy facilities, hydrokinetic projects are developed in phases. Site assessment is the first step, and once a site is selected the authorization (i.e., permitting and licensing) process begin. Construction, installation, and operations may not begin until a project receives all the necessary authorizations. All stages of project development are considered in authorization reviews; therefore, the procedures for authorizing hydrokinetic projects involve rigorous environmental review and a substantial level of agency and stakeholder consultation. Complying with regulatory requirements can be a time- and cost-intensive process, and project proponents should be prepared to implement alternative courses of action and/or mitigation measures to reduce and avoid adverse impacts. Strong coordination between project proponents, agency staff and stakeholders can make the process more efficient for all parties.
General Authorization Process
The particular authorizations and level of agency consultation required will depend on the size, scale, and location of the proposed project. However, most authorization processes generally involve the following components:
1. Application Submission- Project proponent prepares an application package (the required application form and supporting documentation) and submits it to the lead agency;
2. Agency Review- Lead agency reviews the application for administrative completeness, and performs a review and evaluation of the technical content of the application and any accompanying documentation (e.g., an environmental assessment);
3. Agency Consultation- Lead agency consults with any cooperating and participating agencies having related policy interests or regulatory responsibilities in the proposed activity. The lead agency may prepare and circulates draft conditions for the proposed activity;
4. Public Consultation- Lead agency seeks input from interested parties. This is often done by soliciting public comment on the proposed activity, which may involve a public hearing or comment period;
5. Decision- After reviewing comments from coordinating agencies, participating agencies, and interested parties, the lead agency issues a final decision. If the statutory and regulatory criteria for issuing the authorization have been satisfied, then the agency issues an authorization for the proposed activity (1). If any of the criteria have not been satisfied, the agency denies authorization of the proposed activity.
Consultation
Consultation with federal, state, and local agencies and stakeholders is a critical component of any authorization process and generally involves analyzing a proposed project to determine the potential effects. Consultation may also include developing effective studying and monitoring, adaptive management, and mitigation measures to prevent, minimize and/or mitigate adverse project effects. Consultation should start as early as possible to ensure that all issues are adequately addressed and that the environmental documentation contains sufficient information to support all the necessary authorizations.
This handbook describes formal consultation procedures for licensing and permitting hydrokinetics. Formal consultation is required by the regulatory procedures that guide an authorization process. While informal consultation is not required by regulation, it is an extremely valuable method of initiating early engagement and coordinating information needs for the formal consultation and review processes.