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Code · BILL · 118th Congress · S. 5441 (Introduced in Senate) — To provide for offshore wind energy development, and for other purposes. · Sec. 132

Sec. 132. Offshore wind transmission planning

1,109 words·~5 min read·/bill/118/s/5441/is/section-132

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Not later than 2 years after the date of enactment of this Act, the Secretary and the Secretary of Energy (referred to in this section as the Secretaries ), in coordination with the applicable Offshore Wind Transmission Task Force (as defined in section 111(a)) and relevant Federal agencies involved in the permitting of offshore wind generation facilities and offshore wind transmission facilities, shall identify preferred routes on the outer Continental Shelf for transmission cables and sub-seabed infrastructure (where such routes have not yet been identified)— between offshore wind generation facilities; and between offshore wind generation facilities and optimal points of interconnection with onshore electric grids.
Not less frequently than once every 3 years after the initial identification of preferred routes in accordance with paragraph (1), the Secretaries, in coordination with the applicable Offshore Wind Transmission Task Force (as defined in section 111(a)) and relevant Federal agencies involved in the permitting of offshore wind generation facilities and offshore wind transmission facilities, shall— determine whether additional preferred routes are needed; and if applicable, identify any additional preferred routes.
In identifying preferred routes under subsection (a), the Secretaries shall take into account— existing rights-of-way and existing sub-seabed infrastructure; the optimal points of interconnection between offshore wind generation facilities and onshore electric grids; and impacts on the marine environment, including critical habitats or protected areas, marine organisms, including protected or endangered species, and other ocean users, including fisheries. Not later than 1 year after the date of enactment of this Act, and every 3 years thereafter for so long as the Secretary is developing new lease areas for offshore wind development for the applicable planning area, the Secretary of Energy, in coordination with the Secretary, shall conduct 1 or more planning area studies for that planning area to determine the optimal locations for transmission cables in networked and backboned topologies, which shall help to inform the identification of preferred routes under subsection (a).
In identifying preferred routes under subsection (a), the Secretaries shall take into account, as appropriate, any applicable findings from— the Atlantic Offshore Wind Transmission Study carried out by the National Renewable Energy Laboratory of the Department of Energy; any subsequent offshore transmission study carried out by the Department of Energy for the Pacific Region or the Gulf of Mexico; and any other relevant offshore wind transmission study. The Secretary of Energy shall designate each preferred route identified under subsection
(a)as an Offshore Wind Transmission Corridor . In this subparagraph, the term national interest electric transmission corridor means a national interest electric transmission corridor designated by the Secretary of Energy under section 216(a) of the Federal Power Act ( 16 U.S.C. 824p(a) ). Notwithstanding any other provision of law, including section 216(a) the Federal Power Act ( 16 U.S.C. 824p(a) )— an Offshore Wind Transmission Corridor designated under paragraph
(1)shall be considered to be a national interest electric transmission corridor for purposes of any law under which the Secretary of Energy may provide financial or other assistance for a national interest electric transmission corridor or a facility within a national interest electric transmission corridor; and pursuant to subclause (I), an Offshore Wind Transmission Corridor designated under paragraph
(1)and a transmission facility described in clause
(iii)shall be eligible for financial and other assistance provided by the Secretary of Energy, including a direct loan or loan guarantee under section 50151 of Public Law 117–169 (commonly known as the Inflation Reduction Act of 2022 ) ( 42 U.S.C. 18715 ), to the same extent as a national interest electric transmission corridor or facility within a national interest electric transmission corridor, as applicable. A transmission facility referred to in clause (ii)(II) is any cable or other offshore wind transmission facility— that is located entirely within an Offshore Wind Transmission Corridor; that utilizes at least 50 percent of the length of an Offshore Wind Transmission Corridor; or with respect to which the Secretary makes the discretionary determination described in subclause (II). At the discretion of the Secretary, the Secretary may determine that a cable or other offshore wind transmission facility is a transmission facility referred to in clause (ii)(II) if the Secretary determines that a majority of the cable or other transmission facility runs parallel to an Offshore Wind Transmission Corridor. Clause
(ii)does not— alter or otherwise affect— the authority of the Federal Energy Regulatory Commission under section 216(b) of the Federal Power Act ( 16 U.S.C. 824p(b) ) (commonly known as the backstop siting authority of the Commission); the authority of the Secretary of Energy under subsection
(a)or
(h)of section 216 of that Act ( 16 U.S.C. 824p ); or any other authority of a Federal, State, local, or Tribal agency or authority, or interstate compact, with respect to a national interest electric transmission corridor; or render an Offshore Wind Transmission Corridor subject to any authority described in subclause (I). Notwithstanding any other provision of law, a transmission cable in an Offshore Wind Transmission Corridor designated under paragraph
(1)shall be considered to be an eligible electric power transmission line (as defined in section 40106(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18713(a) )) for purposes of that section. Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall establish a program to provide funding for geotechnical and geophysical surveys and marine resource assessments relating to the siting of transmission cables or other offshore wind transmission facilities proposed to be located within an Offshore Wind Transmission Corridor. Funds provided under the program established under clause
(i)shall be used for geotechnical and geophysical survey work to determine the suitability of 1 or more locations, including any potential route, for a transmission cable or other offshore wind transmission facility within the applicable Offshore Wind Transmission Corridor. The provision of funds under the program established under clause (i), and the use of those funds in accordance with clause (ii), shall not be considered a major Federal action (as defined in section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e )) for purposes of that Act ( 42 U.S.C. 4321 et seq. ). There is authorized to be appropriated to the Secretary of Energy to carry out this subsection $100,000,000 for each of fiscal years 2025 through 2030. The identification of preferred routes under subsection
(a)and the designation of Offshore Wind Transmission Corridors under subsection
(c)shall not be considered a major Federal action (as defined in section 111 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336e )) for purposes of that Act ( 42 U.S.C. 4321 et seq. ).
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