Sec. 326. Offshore wind energy development, Morro Bay, California
807 words·~4 min read·
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Congress makes the following findings: Since 2016, the Department of Defense and Department of the Navy have been working with State and Federal stakeholders to determine whether a commercial lease for the development of renewable energy off the coast of Morro Bay, California could be developed in a manner that is compatible with the training and readiness requirements of the Department of Defense. Military readiness and the ability to conduct realistic training are critical to our national security; however, energy security and other ocean uses are also important.
These interests should be balanced to the extent practicable when analyzing offshore energy proposals. In August 2019, Members of Congress, the Assistant Secretary of Defense for Sustainment, senior officials from other Federal agencies, and state and local elected representatives met to discuss a path forward to accommodate wind energy development off the Central Coast of California while ensuring the Department of Defense was able to continue meeting its testing, training, and operational requirements.
Following the initial meeting in August 2019, the stakeholder group continued meeting at roughly monthly intervals through 2019 and into 2020 to discuss options and work towards a mutually agreeable solution for renewable energy development and continued military testing, training, and operational requirements off the Central Coast of California. In May 2020, the Assistant Secretary of the Navy for Energy, Installations, and Environment notified stakeholders that despite the previous year of negotiations, it was his view any wind energy developments off the Central Coast of California may not be viewed as being compatible with military activities.
This unilateral decision was made abruptly, without providing any supporting analysis or acknowledgment of the progress and commitments made during previous negotiations, and was not in the spirit of cooperation and collaboration that had driven the previous 9 months of stakeholder engagements. Stakeholder confidence in the Department of Defense review process is paramount. Abrupt and unilateral changes of course erode confidence and undermine the State, local, and industry trust in a fair, transparent, and predictable adjudication of potential conflicts.
In early 2019, in order to create continuity between the offshore and terrestrial processes, the Department of Defense consolidated its review of proposed energy development projects so that offshore energy proposals were now included in the Military Aviation and Installation Assurance Clearinghouse (the Clearinghouse). The Clearinghouse has a proven record for reviewing proposed energy development projects through a fair and transparent process. The Morro Bay proposal pre-dates this consolidation but underwent a similar Department of Defense led compatibility review.
Congress has generally supported the transparent and fair Clearinghouse review process, as well as all efforts between the Department of Defense and other stakeholders to reach solutions that allow for the development of energy projects in a manner that is compatible with military testing, training, and operational requirements. Legislating a solution to a specific energy development proposal should only be reserved for rare occasions. Due to Navy’s abrupt and unilateral decision to walk away from productive negotiations, after months of good-faith efforts by other stakeholders and public engagement, the threshold for congressional intervention has been reached.
All interaction on behalf of the Department of the Navy with the California Energy Commission, Federal agencies, State and local governments, and potential energy developers regarding proposed offshore wind energy off the central coast of California shall be performed through the Office of the Under Secretary of Defense for Acquisition and Sustainment. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services and the Committee on Natural Resources of the House of Representatives a briefing on status of the review by the Offshore Energy Working Group of the request to locate at least two offshore wind lease areas proximate to and within the Morro Bay Call Area.
Such briefing shall include— a detailed map that shows any areas identified; proposed mitigations that would enable compatible development in the areas identified; any unresolved issues; and any other terms of the agreement reached with the California Energy Commission, other Federal agencies, State and local governments, and potential energy developers. The Secretary of Defense may not issue a final offshore wind assessment that proposes wind exclusion areas and may not object to an offshore energy project in the Central Coast of California that has filed for review by the Military Aviation and Installation Assurance Clearinghouse until the Secretary provides the briefing required under paragraph (1).
Of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2021, not more than 75 percent may be obligated or expended for the Office of the Assistant Secretary of the Navy for Energy, Installations, and Environment until the date that is 30 days after the date on which the briefing required under subsection (c)(1) is provided.