While traditional hydropower is a well-established industry, advanced water power technologies that produce electricity from moving water without the use of a dam are now emerging in the renewable energy sector. These technologies, known as hydrokinetics, generate electricity from the motion of waves, the free flow of tides, ocean currents, or inland waterways. As part of its broad effort to advance the renewable energy industry, the U.S. Department of Energy (DOE) is funding various market acceleration projects designed to address key issues associated with hydrokinetic technologies that harness renewable energy from the nation’s oceans and rivers.
Central to this effort is the evaluation of permitting and licensing processes used in siting hydrokinetic projects. In September 2008, DOE selected Pacific Energy Ventures (PEV) to implement a Siting Methodologies project that identifies regulatory issues associated with hydrokinetic development. A primary goal of this Siting Methodologies project is to help prepare hydrokinetic developers and stakeholders to work with regulatory officials to chart a reasonable course through the permitting process. To that end, this handbook is intended as an informational tool to support stakeholders in navigating the regulatory framework by outlining the current federal and state regulatory requirements, providing clear, concise descriptions of the authorization processes, and identifying the agencies involved in these processes.
Various state and federal agency officials involved in the regulatory processes reviewed draft versions of this handbook and provided feedback on its accuracy, completeness and clarity. Reviewers were also asked to comment on how the regulations apply specifically to hydrokinetics and how the various authorizations connect to and integrate with each other. The feedback and recommendations provided by those who reviewed this document is greatly appreciated, and the content has been revised to reflect the reviewers’ input as accurately as possible.
Please be aware that changes in statutes, rules, or regulations may have taken effect after publication of this handbook. Policy discussions are ongoing at all levels of government, and significant changes in the siting process are likely in the coming months and years. Also, please keep in mind that this handbook provides a high-level summary of federal and state authorizations likely to be applicable to hydrokinetic projects, and individuals will need to determine the specific regulatory requirements relevant to a particular project. Because each situation will vary, not all requirements in this handbook will apply to every project, and other requirements not addressed in this handbook may also be applicable. While every effort has been made to ensure the accuracy of this document, you should refer to official government statutes, rules, and regulations for the most accurate, up-to-date information.
Scope
This handbook provides an overview of the federal and state regulatory framework for hydrokinetic projects on state submerged lands and on the Outer Continental Shelf (OCS). State submerged lands generally include the seabed and waters extending three nautical miles seaward from shore. The OCS includes all submerged lands, subsoil, and seabed between the seaward extent of state waters and the seaward extent of United States jurisdiction (approximately 200 nautical miles from shore). The contents of this handbook include the principle Federal authorizations for siting hydrokinetics, as well as the principle state authorizations for nine key states where hydrokinetic development is already underway or is likely to occur in the near future.
Organization
Federal authorizations for hydrokinetic projects are presented in Chapter 3, and the chapters that follow address applicable state authorizations for Alaska, Washington, Oregon, California, Hawaii, Maine, Massachusetts, Rhode Island, and Florida. In each state chapter, information about local and federal statutes that tie into the state permitting processes is also included, as applicable.
Each chapter begins with an Introduction, a List of Acronyms, and a Summary Table of Authorizations. Next, an overview of each principle authorization is provided. These descriptions include the authorization’s applicability to hydrokinetic projects, identification of the lead agency, a summary of the application and review processes, the expected process time, and a reference to the primary legal authority. The authorization descriptions in each chapter are followed by Regulatory Roadmaps, which are process schematics that model the timing and sequence of the application filing and review processes for the principle federal and state reviews and authorizations. Finally, an Agency Contact List, which includes a web address, mailing address, and phone number for the agencies mentioned, is provided at the end of each chapter.
Commonly Used Terms
The following terms are used frequently throughout this handbook. Each term listed is followed by a brief description of its meaning in the context of this handbook.
Authorization: permit, license, or other form of permission
Federal Action: any action carried out, authorized, or funded by a federal agency
Action Agency: the agency performing, funding, or authorizing the proposed action. Action Agencies may structure their respective authorization processes in different ways.
Lead Agency: the state or federal agency responsible for leading the review of an application for a certain authorization, and for issuing a decision on the authorization.
Cooperating Agencies: those agencies responsible for coordinating with the action agency in reviewing the proposed action
Participating Agencies: government agencies likely to participate with the action agency in the authorization review process
Coordinating Parties: interested parties (e.g., non-governmental organizations) who choose to participate in the consultation process of a project authorization
Relevant Agencies: may include, but are not limited to the following: FERC, BOEM, COE, USFWS, NOAA, NMFS, USCG, BIA, EPA, NPS, USFS, ACHP, BOR, DOD, BLM, and tribal, state and local government authorities.