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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. 136

Sec. 136. Coastal State integration of offshore wind energy

923 words·~4 min read·/bill/118/s/5441/is/section-136·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d) ) is amended by adding at the end the following: In this paragraph, the term coastal State has the meaning given the term coastal state in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ). Each coastal State shall— consider how to incorporate offshore wind generation and transmission into the electricity distribution system of the coastal State, including— the optimal points of interconnection (as defined in section 101 of the COLLABORATE Act ), including consideration of— any Offshore Wind Transmission Corridors designated under section 132(c)(1) of that Act; any national interest electric transmission corridors designated under section 216(a) of the Federal Power Act ( 16 U.S.C. 824p(a) ); existing or permitted transmission lines; and the potential for retiring or aged fossil fuel plants to provide system capacity; onshore upgrades to facilitate interconnection; design standards to support a networked offshore transmission system, including design standards developed under section 131(a) of the COLLABORATE Act ; any identified points of interconnection in State transmission solicitations for procurement; and State policies and procurement goals; modify integrated resource plans to account for— the matters considered under clause (i); existing single-source contingency limits; the adoption of the standard published by the Institute of Electrical and Electronic Engineers Standards Association entitled Standard for Interconnection and Interoperability of Inverter-Based Resources Interconnecting with Associated Transmission Electric Power Systems and numbered IEEE 2800 into utility interconnection requirements; and the use of grid-enhancing technologies; establish design standards described in clause (i)(III); and incorporate the consideration of the matters described in clause
(i)into State planning processes relating to electric energy transmission and distribution. . Section 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended— in paragraph (8), by indenting subparagraph
(B)appropriately; and by adding at the end the following: Not later than 1 year after the date of enactment of this paragraph, with respect to each coastal State (as defined in paragraph (22)(A) of section 111(d)), each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph
(22)of section 111(d). Not later than 2 years after the date of enactment of this paragraph, with respect to each coastal State (as defined in paragraph (22)(A) of section 111(d)), each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph
(22)of section 111(d). . Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended by adding at the end the following: In the case of the standard established by paragraph
(22)of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). . Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622 ) is amended— in subsection (h), in the subsection heading, by striking ; and Other by adding at the end the following: Subsections
(b)and
(c)shall not apply to the standard established by paragraph
(22)of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— the State has implemented for the electric utility the standard (or a comparable standard); the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on that date of enactment. . Section 124 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2634 ) is amended by adding at the end the following: In the case of the standard established by paragraph
(22)of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22). . The requirements of sections 111(d)(22) and 112(b)(9) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d)(22) , 2622(b)(9)), and any related provisions of that Act (as amended by paragraph (2), or subparagraph (A)(ii) or
(B)of paragraph (3), of subsection (b)), shall apply to each coastal State (as defined in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 )), including the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, as if those coastal States (as so defined) were included in the definition of the term State in section 3 of the Public Utility Regulatory Policies Act of 1979 ( 16 U.S.C. 2602 ). Nothing in this subsection alters or otherwise affects the application of any provision of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ) not added or amended by— subsection (a); paragraph (1)(B) or
(2)of subsection (b); or subparagraph (A)(ii) or
(B)of subsection (b)(3).
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