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CSO Offshore Energy & Infrastructure�Work Group Call

September 28, 2022

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Agenda

Staff Update

OSW Wildlife and Fisheries Mitigation

Member Updates

Legislative Discussion

Schedule Next Call

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Legislative Update

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Staff Update�2022 CSO Fall Meeting

Portsmouth, New Hampshire

Monday – Thursday, October 3-6, 2022

Mon-Tues – Business Meeting

Weds – Field Visits

Thurs – Members & Guests

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Staff Update�Staff Update

  • CSO comment on draft BOEM Fisheries Mitigation Guidance submitted Aug 22
  • ASBPA / CSO Project:
    • Sediment Placement Regulations of U.S. Coastal States and Territories: Towards Regional Sediment Management Implementation
    • Regional workshops completed
    • Final report and recommendations under development
  • Aquaculture survey

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Member Discussion�OSW Wildlife / Fisheries Mitigation Impacts

Authorities

  • OCSLA: Ensure protection of the environment, conservation of OCS resources
  • NEPA: Assess environmental impact and alternatives
  • ESA: Take of E&T species and critical habitat (USFWS & NMFS consultation)
  • MMPA: Take of marine mammals (NMFS consultation)
  • MSA: Adverse effect on essential fish habitat (NMFS consultation)
  • MBTA: Take of protected migratory bird species (USFWS consultation via NEPA)

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Member Discussion�OSW Wildlife / Fisheries Mitigation Impacts

Emily Shumchenia, Regional Wildlife Science Collaborative for Offshore Wind

Overview of the RWSC and how Northeast and Mid-Atlantic states are working to prioritize science needs for offshore wind.

Carl Wilson, Maine Department of Marine Resources

Fisheries research and spatial analysis ME DMR has done as concerns potential siting of wind energy development.

Lisa Engler, MA Office of Coastal Zone Management

Mass Habitat and Fisheries working groups and how they’ve informed the fisheries compensatory mitigation discussions.

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Member Discussion�OSW Wildlife / Fisheries Mitigation Impacts

Discussion Questions

What is the top concern/barrier your program faces:

  • Regarding particular species, habitats, or resources?
  • Regarding procedures or institutions?
  • Regarding data needs?

Do you have any questions for the moderator to share with the panelists next week?

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Member Updates

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Member Discussion�Aquaculture Survey

Today: Three Questions

Full Survey: Responses requested by Friday, August 19, 2022.

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Member Discussion�Aquaculture Survey

  1. What kind of support does your program most need from federal agencies to make aquaculture permitting more efficient?

  • Access to federal datasets
  • Research support to fill data / information gaps
  • Decision support tools / mapping tools
  • Interagency coordination processes
  • Guidance or training on federal permitting requirements
  • Guidance or training on aquaculture project design
  • Guidance or training on environmental impacts
  • Support for community/stakeholder engagement

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Member Discussion�Aquaculture Survey

2) What aquaculture topics would be helpful to address on future CSO work group calls?

  • Development of and how to use regional Aquaculture Atlases
  • Development of Aquaculture Opportunity Area Programmatic EISs
  • Federal consistency, unlisted activity requests, geographic location descriptions
  • Impact analyses, data needs
  • Monitoring technology / protocols, enforcement
  • Permitting for floating structures

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Member Discussion�Aquaculture Survey

3) How does your state process 401 certification requests for aquaculture projects?

Coastal program role

Trends, priorities, barriers

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Legislative Update�Energy Independence & Security Act of 2022

NEPA

  • Extend IRA NEPA reforms to energy, carbon, mineral resource projects; major projects
  • Lead federal agency:
    • Identify and invite participating w/in 45 days (NOI or start EA) & set deadline
    • Set review timeline w/in 90 days (NOI or start EA) – include state process MEP
    • Accept equivalent data, analyses, documentation, incl state reviews
  • Time limits for major projects: 2yr (EIS); 1yr (EA); 180 days post ROD (other permits), ext. 1yr max
  • Default time limits on comment: 60 days (EIS); 45 up to 60 days (all else)
  • Issue resolution meetings; escalation; technical assistance
  • Statute of limitations 150 days; max. 180 day schedule on remand
  • Multiple savings provisions (requirements; time periods)

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Legislative Update�Inflation Reduction Act

  • $2.6B over 4 years of NOAA funding to coastal states for coastal restoration, conservation, or to finance resilient infrastructure
  • NOAA funding for transparency; research improvements
  • $100M to DOW for planning, modeling, analysis, and development of interregional transmission and optimized integration; $760M to DOE for transmission grants
  • Lift moratorium re OSW in eastern GOM and SE Atlantic
  • Authorize OSW leasing in territories
  • For 10 years: must complete 60M+ ac O&G lease sale in yr prior to any OSW lease issuance
  • Extend Renewable Electricity PTC to 2024; after, tech-neutral PTC: $.015 / kWh + bonuses
  • Extend and replace energy investment tax credits

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Legislative Update�Energy Independence & Security Act of 2022

Clean Water Act 401 Water Quality Certification

  • Clarifying that the scope of review is limited to state/tribal water quality requirements (not, e.g., air quality impacts) affected by the permitted activity (not only the discharge;
  • Codifying the four types of agency response enumerated in the 2022 proposed rule;
  • Requires states to publish clear application requirements or default to EPA requirements;
  • Requires states and federal agencies to agree on the review timeline within 30 days of receipt of an application, or else default to a 180 day time limit;
  • Prohibits withdrawal and resubmission to restart the review clock.

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Legislative Update�Energy Independence & Security Act of 2022

Energy Projects of Strategic National Importance

  • Designation of 25 energy projects of strategic national importance; minimum #s
  • Threshold: NEPA doc, 2+ agencies, $250M= cost; “sufficient financial support”
  • EO to direct expedited review; 2 yr / 1 yr / 180 day time limits – aspirational
  • IRA funding to the Federal Permitting Improvement Steering Council

FAST-41

  • Add mining projects to environmental review dashboard
  • Reduce energy projects threshold: $200M -> $50M
  • Track five-year oil & gas program on dashboard

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Legislative Update�Energy Independence & Security Act of 2022

Other Provisions

  • Allows FERC review of transmission projects national interest designation
  • Allows eminent domain on state land
  • Approve Mountain Valley Pipeline

Procedural Posture

  • Supported by leadership as part of deal to pass the Inflation Reduction Act
  • Inclusion in a continuing resolution

Impacts on Coastal Programs

  • Accelerate NEPA reviews; introduce FAST-41 changes to process
  • Codifies some 401 provisions affecting federal consistency

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Legislative Update�Offshore Reform Acts

BREEZE Act

Bipartisan Renewable, Efficient Energy with Zero Effluent Act

RISEE Act

Reinvesting In Shoreline Economies and Ecosystems Act

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��Call Scheduling

Wednesday, November 30, 2022

Wednesday, December 7, 2022

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Next Call

November 30, 2022

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Next Call

December 7, 2022