Overview

Title

To amend the Outer Continental Shelf Lands Act to support the responsible development of offshore renewable energy projects, establish the Offshore Power Administration, and for other purposes.

ELI5 AI

The "Offshore Energy Modernization Act of 2024" is a plan to use ocean wind to make electricity, by setting up rules and a new group to help build and manage these ocean wind projects. However, there are worries about spending too much money without carefully checking, which might lead to waste.

Summary AI

H.R. 10508, known as the "Offshore Energy Modernization Act of 2024," aims to amend the Outer Continental Shelf Lands Act to support offshore renewable energy projects in the U.S. This bill sets goals for offshore wind energy production, establishes the Offshore Power Administration, and proposes measures to enhance environmental and cultural reviews for such projects. It also includes provisions for managing leases and infrastructure, promoting domestic content, ensuring community benefits, protecting Tribal interests, and facilitating the construction of necessary vessels for offshore energy operations.

Published

2024-12-18
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-18
Package ID: BILLS-118hr10508ih

Bill Statistics

Size

Sections:
13
Words:
9,980
Pages:
53
Sentences:
174

Language

Nouns: 3,058
Verbs: 743
Adjectives: 688
Adverbs: 80
Numbers: 290
Entities: 492

Complexity

Average Token Length:
4.54
Average Sentence Length:
57.36
Token Entropy:
5.56
Readability (ARI):
32.01

AnalysisAI

The proposed bill, titled the Offshore Energy Modernization Act of 2024, amends existing legislation to support the development of offshore renewable energy projects, including the establishment of the Offshore Power Administration. Key elements of the bill include setting national goals for offshore wind energy production, facilitating project development while ensuring environmental protections, and providing a framework for funding and compensation related to offshore energy infrastructure.

General Summary

Primarily aimed at modernizing energy infrastructure, the bill introduces mechanisms to support offshore renewable energy. These include amendments to the Outer Continental Shelf Lands Act to expand leasing opportunities, requirements for American-made materials, and the creation of funds and administrative bodies to support project development and stakeholder compensation. Other components address environmental review processes, facilitation of transmission infrastructure, support for domestic shipbuilding relevant to wind projects, and preservation of access rights near energy project zones.

Significant Issues

Key issues arise from the bill's broad financial authorities and limited oversight mechanisms:

  1. Discretionary Spending and Oversight: The bill allows for significant discretion in spending on grants and funds without clear appropriations or oversight, particularly concerning Sections 3 and 4, leading to concerns about potential waste or misuse of funds.

  2. Favoritism and Transparency: The multifactor bidding process for lease awards (Section 3) and discretionary powers in grant allocation raise questions about fairness and transparency. Lack of stringent criteria might result in favoritism toward selected stakeholders.

  3. Loan Forgiveness and Financial Management: The Offshore Power Administration's ability to forgive loans could encourage financial mismanagement if not carefully assessed and monitored, leading to unintended taxpayer burdens.

  4. Delayed Reporting and Judicial Access Issues: The ten-year timeline for reporting on decommissioning projects (Section 6) could impede timely assessments of environmental and operational impacts. Additionally, restricted judicial review could limit stakeholders' ability to challenge decisions.

Public Impact

The bill is poised to influence the energy landscape by facilitating the growth of renewable energy infrastructure, which could benefit the public through increased clean energy production and job creation. However, the financial implications and management of funds without adequate oversight could raise accountability concerns. Financial burdens from potential mismanagement might indirectly affect taxpayers.

Impact on Specific Stakeholders

  • Energy Sector and Manufacturers: Developers and manufacturers stand to benefit from increased opportunities and protections for domestic products. However, ambiguity in allocation processes could favor certain companies over others without transparent criteria.

  • Local Communities and Tribes: While the bill recognizes the importance of consulting with local and Tribal governments, the lack of specific engagement plans could limit effective participation. Tribal consultations under confidentiality provisions might limit public input.

  • Fishing and Maritime Activities: Provisions to maintain access for fishing and boating near energy zones suggest positive support, but unclear exception criteria during construction phases may challenge existing rights.

  • Environmental Stakeholders: The bill promotes environmental protections when developing energy projects, but the open-ended nature of funding and project criteria may lead to misaligned priorities without clear environmental safeguards.

Overall, while the bill offers a framework to boost the offshore renewable energy sector, its implementation details and governance structures significantly influence whether its goals are achieved equitably and transparently.

Financial Assessment

The bill, "Offshore Energy Modernization Act of 2024," includes several financial allocations aimed at supporting the development of offshore renewable energy projects. This commentary explores the financial aspects of the bill as outlined in the various sections and their potential implications.

Financial Allocations and Appropriations

Section 3 introduces a discretionary grant fund, authorizing $25 million for each fiscal year from 2025 to 2029. This fund is intended to build organizational capacity and enhance engagement related to offshore renewable energy. However, the broad discretion granted to the Secretary in determining grant amounts and allocation criteria raises concerns about transparency and potential favoritism, as noted in the issues section. Without clear guidelines, there is a risk of inconsistent decision-making and lack of accountability in how these funds are distributed.

Section 4 establishes the "Offshore Renewable Energy Compensation Fund," which sources its income from royalties, fees, rents, bonuses, and other payments related to leases. Notably, there is no specified cap on how these funds should be allocated each year, leading to concerns about unmonitored or potentially wasteful spending. The absence of fiscal year limitations may contribute to financial oversight challenges.

Environmental and Cultural Review Funding

Section 5 appropriates $50 million to the Bureau of Ocean Energy Management and $45 million to the National Oceanic and Atmospheric Administration to facilitate environmental and cultural reviews for offshore renewable energy projects. These funds are intended to ensure timely permitting decisions. However, the lack of itemization for these significant fund allocations raises questions about potential waste and accountability. Without a detailed breakdown, the use of these funds could lack transparency and efficiency, as highlighted in the issues list.

Offshore Power Administration and Loans

Section 7 includes a provision allowing the Secretary of the Treasury to make loans, without appropriations and fiscal year limitations, up to an outstanding balance of $10 billion for the Offshore Power Administration's activities. The loan forgiveness program within this section does not specify criteria or limits, potentially encouraging financial mismanagement. Such latitude may inadvertently place a financial burden on taxpayers if not properly managed.

Wind Shipbuilding and Loan Guarantees

Section 10 authorizes $100 million for offshore wind shipbuilding. However, the absence of specific guidelines for these allocations invites concerns about inefficient use of funds or favoritism. This lack of detailed criteria might lead to inconsistent and potentially biased allocation of funds.

Accountability and Oversight

The bill contains several references to financial allocations and appropriations. Yet, across its sections, issues of oversight and accountability persist. The substantial financial resources directed towards offshore renewable energy development underscore the need for more stringent controls and transparency measures to prevent wasteful spending and ensure funds meet their intended goals effectively.

Issues

  • The discretionary spending on grants and funds without appropriation or fiscal year limitation in Sections 3 and 4 could lead to unmonitored or potentially wasteful spending, raising concerns about government accountability and financial oversight.

  • Sections 3 and 4 detail a significant level of discretion granted to the Secretary in determining grant amounts and allocation criteria, raising potential issues regarding favoritism, lack of transparency, and inconsistent decision-making.

  • The amendments to the Outer Continental Shelf Lands Act (Section 3) allow multifactor bidding and consideration of non-monetary factors, which might result in favoritism or opaque bidding processes.

  • The broad authority and funding mechanisms established for the Offshore Power Administration in Section 7 could lead to financial irresponsibility without stringent oversight and transparency measures.

  • The use of $50 million and $45 million for environmental and cultural reviews by the Bureau of Ocean Energy Management and the National Oceanic and Atmospheric Administration in Section 5 is allocated without detailed itemization, raising concerns over potential waste and accountability.

  • The loan forgiveness program in Section 7 for the Offshore Power Administration lacks clear criteria, potentially encouraging financial mismanagement and burdening taxpayers.

  • The judicial review restrictions in Section 3 may decrease accessibility to legal recourse for stakeholders not located within the specified appellate circuit, impacting their ability to contest decisions.

  • The report timeline set for decommissioning offshore renewable energy projects in Section 6 is notably long (ten years), potentially delaying necessary environmental or operational evaluations.

  • Section 10 authorizes $100 million for offshore wind shipbuilding without specific guidelines, potentially leading to inefficient use of funds or favoritism if criteria are not transparent.

  • Section 2 does not provide detailed criteria or accountability measures for achieving the offshore wind energy production goals, leading to questions about feasibility and accountability.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Offshore Energy Modernization Act of 2024 starts with a section that gives the short title and lists the contents of the Act, which focuses on various aspects of offshore renewable energy, including wind permitting goals, development and decommissioning processes, a compensation fund, reviews for timely decisions, power administration, transmission infrastructure, shipbuilding, and access to energy areas.

2. National offshore wind permitting goals Read Opens in new tab

Summary AI

The Secretary of the Interior, working with other Federal and State entities, is tasked with setting and updating goals for offshore wind energy production. By managing permits on the outer Continental Shelf, the Secretary aims to achieve at least 30 gigawatts of electricity from offshore wind by 2030 and 50 gigawatts by 2035.

3. Responsible development of offshore renewable energy projects Read Opens in new tab

Summary AI

The section amends the Outer Continental Shelf Lands Act to encourage responsible development of offshore renewable energy projects, such as wind and tidal energy, by outlining new policies for leasing, environmental protection, revenue sharing for conservation, and consultation with Tribal and governmental bodies. It establishes procedures for lease allocation, promotes safety, environmental safeguards, economic development, and mandates the use of American-manufactured materials for projects beginning after 2032, with a focus on consultation and coordination with affected local and Tribal governments.

Money References

  • “(D) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out this paragraph $25,000,000 for each of fiscal years 2025 through 2029.”. (d) Reservations.—Section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)) is amended to read as follows: “(a) Withdrawal of unleased lands by the president.— “(1) IN GENERAL.—The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.

4. Offshore renewable energy compensation fund Read Opens in new tab

Summary AI

The section establishes the Offshore Renewable Energy Compensation Fund within the U.S. Treasury to provide payments and grants to entities affected by offshore renewable energy projects. The fund covers claims for lost income or damaged gear and supports mitigation activities, with payments sourced from offshore project royalties and additional contributions from leaseholders if needed.

Money References

  • “(2) AMOUNT.—No holder of an offshore renewable energy lease shall be required to pay an amount under paragraph (1) in excess of $3 per acre of the leased land described in paragraph (1).

34. Offshore renewable energy compensation fund Read Opens in new tab

Summary AI

The section establishes the Offshore Renewable Energy Compensation Fund in the U.S. Treasury, which the Secretary or a contracted third party can use to compensate organizations or communities affected by offshore renewable energy projects. The fund will cover verified claims for damage or losses, provide mitigation grants, and may require leaseholders to contribute funds if existing funds are insufficient, with an annual report on activities being submitted to Congress.

Money References

  • (2) AMOUNT.—No holder of an offshore renewable energy lease shall be required to pay an amount under paragraph (1) in excess of $3 per acre of the leased land described in paragraph (1).

5. Improving environmental and cultural reviews to ensure timely permitting decisions Read Opens in new tab

Summary AI

The section allocates $50 million to the Bureau of Ocean Energy Management and $45 million to the National Oceanic and Atmospheric Administration for the 2024 fiscal year to support activities like hiring staff, developing environmental documents, and improving systems for efficient permitting of offshore renewable energy projects. It emphasizes enhancing cultural and environmental reviews, community engagement, and updating data systems to facilitate timely decisions on these projects.

Money References

  • (a) Bureau of ocean energy management.—In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $50,000,000 to remain available until expended, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental and cultural reviews, the development of cultural competency for Tribal consultations, support of regional ocean data portals, the development of environmental data or information systems (including efforts to standardize, establish a baseline for, publish, or otherwise improve the consistency of environmental data), the development of pre-application components, stakeholder and community engagement, updates to the Marine Cadastre for advancements in spatial data analysis and deconfliction, the purchase of new equipment for environmental analysis, and coordination (including through the public tracking of Federal authorizations and reviews) to facilitate timely, efficient, and responsible permitting and review of offshore renewable energy projects.
  • (b) National oceanic and atmospheric administration.—In addition to amounts otherwise available, there is appropriated to the Secretary of Commerce for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $45,000,000 to remain available until expended, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental and cultural reviews, the development of cultural competency for Tribal consultations, support of regional ocean data portals, the development of environmental data or information systems (including efforts to standardize, baseline, publish, or otherwise improve the consistency of environmental data), stakeholder and community engagement, updates to the Marine Cadastre for advancements in spatial data analysis and deconfliction, adaptation of scientific and fisheries surveys, and the purchase of new equipment for environmental analysis to facilitate timely, efficient, and responsible environmental reviews for the permitting of offshore renewable energy projects.

6. Report on decommissioning of offshore renewable energy projects Read Opens in new tab

Summary AI

The Secretary of the Interior is required to submit a report to Congress and make it publicly available within 10 years, evaluating different ways to dismantle or repurpose offshore renewable energy projects. This report will also consider the possibility of turning these facilities into artificial reefs, as long as they do not negatively affect navigation, national security, the environment, Tribal uses, or other interests in the area.

7. Offshore Power Administration Read Opens in new tab

Summary AI

The Offshore Power Administration is established by the Secretary of Energy to oversee and support the development of power transmission infrastructure for offshore renewable energy projects. It has the authority to plan, finance, and operate such infrastructure, coordinating with state and tribal governments, and may receive loans from the Treasury to fund these activities, though construction is restricted until stakeholders are confirmed to need additional federal involvement.

Money References

  • (C) LIMITATION.—Loans made by the Secretary of the Treasury under paragraph (1) may not result in, in the aggregate (including deferred interest), $10,000,000,000 in outstanding repayable balances at any one time.

8. Offshore transmission infrastructure studies and recommendations Read Opens in new tab

Summary AI

The section requires the Secretary of Energy, along with other relevant agencies, to regularly study and provide recommendations for placing offshore transmission infrastructure to support renewable energy goals, while considering safety, security, and environmental concerns. It also authorizes $10 million in funding for these activities.

Money References

  • (b) Authorization of appropriations.—There are authorized to be appropriated to the Secretary of Energy to carry out this section $10,000,000, to remain available until expended.

9. Interoperability of offshore electric transmission infrastructure Read Opens in new tab

Summary AI

The bill section requires the Secretary of Energy to conduct a study on developing standard methods to connect different electricity systems for offshore projects. It also sets up a program to create standards for electricity equipment to improve efficiency and cooperation and allows grants for creating these standards, with $5,000,000 authorized for this purpose.

Money References

  • (3) GRANTS.—Under the program established and implemented under paragraph (1), the Secretary may provide grants to entities to— (A) engage equipment manufacturers and industry stakeholders in collaborative platforms, including workshops and forums; (B) identify current challenges and propose solutions to improve interoperability of electric grid components, systems, and technologies; and (C) develop a set of voluntary industry standards to maximize interoperability of electric grid components, systems, and technologies that meet the goals described in paragraph (2). (c) Authorization of appropriations.—There are authorized to be appropriated to the Secretary of Energy to carry out this section $5,000,000, to remain available until expended.

10. Offshore wind shipbuilding Read Opens in new tab

Summary AI

The bill proposes creating a grant program managed by the Secretary of Energy to fund upgrades and new development of shipyards for building and maintaining ships needed for offshore wind projects. It includes requirements for fair wages for workers and allows funding up to $100 million, while also amending the Energy Policy Act to support U.S.-built vessels for wind energy projects through loan guarantees.

Money References

  • (5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Energy to carry out this section $100,000,000, to remain available until expended. (b) Loan guarantees for wind turbine installation vessels.—Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: “(14) Notwithstanding subsection (a)(1), projects that increase the supply of domestically produced vessels needed for the pre-construction assessment, construction, operation, and maintenance of offshore wind energy projects, including wind turbine installation vessels.”.

11. Access to offshore renewable energy areas Read Opens in new tab

Summary AI

In this section, Congress expresses its intention that fishing, boating access, and Tribal cultural activities in areas near offshore renewable energy projects will generally be preserved, with some specific exceptions allowed for construction and maintenance activities.

12. Definitions Read Opens in new tab

Summary AI

In Section 12 of the bill, it specifies that the terms “offshore renewable energy project” and “outer Continental Shelf” are defined by the meanings provided in section 2 of the Outer Continental Shelf Lands Act.