Bill Text: CA SB605 | 2023-2024 | Regular Session | Amended

California Senate Bill 605

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Wave and tidal energy.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-10-07 - Chaptered by Secretary of State. Chapter 405, Statutes of 2023. [SB605 Detail]

Download: California-2023-SB605-Amended.html

Amended IN Assembly June 30, 2023

Amended IN Senate April 27, 2023

Amended IN Senate March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 605

Introduced by Senator Padilla
(Coauthors: Senators Archuleta and Stern)

February 15, 2023

An act to add Chapter 18 (commencing with Section 25996) to Division 15 of, and to repeal Section 25996.1 of, the Public Resources Code, relating to energy.

LEGISLATIVE COUNSEL'S DIGEST

SB 605, as amended, Padilla. Wave and tidal energy.

Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake various actions in furtherance of meeting the state’s clean energy and pollution reduction objectives, including actions related to energy infrastructure.

This bill would require the Energy Commission and the Ocean Protection Council, on or before February 1, 2024, to commence a comprehensive, collaborative study to evaluate the feasibility and benefits of using wave energy and tidal energy, as specified. The bill would require the Energy Commission and the council to submit a written report to the Governor and the Legislature on or before January 1, 2025, that includes, among other things, findings from the study and data and findings from certain pilot projects, as specified. The bill would require the ~~commission, upon appropriation by the Legislature, to solicit applications for, and consider approving,~~ Energy Commission to consider in the investment planning process for the Electric Program Investment Charge program, wave energy and tidal energy pilot projects that assess the technological feasibility and provide research and demonstration of the ~~technology.~~ technology, and maximize ratepayer and public benefits.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) If developed and deployed at scale, offshore wave and tidal energy has the potential to provide economic and environmental benefits to the state and the nation.

(b) Ocean energy may represent the third largest source of renewable energy and is potentially the largest source of underutilized renewable energy. Ocean energy primarily comes in two forms: (1) wave energy, harnessed by waves; and (2) tidal energy, harnessed by tides.

(c) California may need to build ~~at least 48 gigawatts of new renewable energy and energy storage developments by 2030 and~~ at least 145 gigawatts of new renewable energy and energy storage ~~developments~~ development, according to the 2021 SB 100 Joint Agency Report released in March 2021, by 2045 to achieve the goals set forth in Section 454.53 of the Public Utilities Code.

(d) California has set ambitious clean energy targets on the path to carbon neutrality by 2045, but the need for more clean energy is immediate. Wave and tidal energy, or hydrokinetic energy, has the potential to provide ~~that~~ energy ~~in a more expedited fashion as blue economy innovators~~ in California ~~are now looking to bring the technology to scale.~~ as the technology scales up.

(e) Wave and tidal energy development presents an opportunity to attract investment capital and to realize community economic development and workforce development benefits in California, including the development and preservation of a skilled and trained workforce to carry out projects, long-term job creation, and deployment of an offshore wave and tidal energy supply chain.

(f) Wave and tidal energy may contribute to a diverse, secure, reliable, and affordable renewable energy resource portfolio to serve the electricity needs of California ratepayers and improve air quality, particularly in disadvantaged communities.

(g) Wave and tidal energy can add resource and technology diversity to the state’s clean, renewable energy portfolio. Diversity in energy resources and technologies in some instances lowers overall costs.

(h) In its 2021 report on marine energy opportunities for the United States Department of Energy, the National Renewable Energy Laboratory concluded that “even if only a small portion of the technical resource potential is captured, marine energy technologies would make significant contributions to our nation’s energy needs.”

(i) Furthermore, the report found that wave power has the technical feasible resource potential to meet 30 percent of the country’s electricity demand.

(j) The Biden Administration is counting on wave and tidal energy to help the United States reach its goal of carbon neutrality by 2050 and has allocated tens of millions of dollars to advance the technology.

(k) By promoting and facilitating growth in the emerging wave and tidal energy ~~sectors and incorporating ambitious but achievable wave and tidal energy generation goals,~~ sectors, California can position itself as a nationwide leader in ocean energy, while facilitating the development of high-quality jobs and technological advancements in this burgeoning industry.

(l) Investment in onshore and offshore wave and tidal energy development can offer career pathways and workforce training in clean energy development by providing sustainable blue economy employment opportunities, supporting apprenticeship opportunities for a diverse labor pool, and providing those opportunities to local communities experiencing high unemployment through prioritization of local hiring first.

(m) Onshore and offshore wave and tidal energy should be developed in a manner that protects coastal and marine ecosystems. The state should use its authority under state programs and policies to ensure avoidance, minimization, and mitigation of significant adverse impacts and monitoring and adaptive management for offshore wave and tidal energy projects and their associated infrastructure.

(n) Onshore and offshore wave and tidal energy development can provide clean air benefits to inland communities that experience increased impacts from poor air quality.

SEC. 2.

Chapter 18 (commencing with Section 25996) is added to Division 15 of the Public Resources Code, to read:

CHAPTER 18. Wave Energy and Tidal Energy

25996.

(a) On or before February 1, 2024, the commission and the Ocean Protection Council, in consultation with other appropriate state agencies, including, but not limited to, the Department of Fish and Wildlife, the State Lands Commission, and the California Coastal Commission, shall commence a comprehensive, collaborative study to evaluate the feasibility and benefits of using wave energy and tidal energy as forms of clean energy in the state.

(b) For purposes of the study identified in subdivision (a), the commission and the Ocean Protection Council shall do all of the following:

(1) Evaluate factors that would ~~affect~~ contribute to the increased use of wave energy and tidal energy in the state.

(2) Provide findings on the latest research about the technological feasibility of deploying offshore wave and tidal energy in the state.

(3) Evaluate the need for transmission planning and possible permitting changes to facilitate wave energy and tidal energy projects.

(4) Evaluate whether economic and workforce development is necessary to bring wave energy and tidal energy technology to scale.

(5) Identify near-term actions, particularly related to investments and the workforce for wave energy and tidal energy projects, to ~~accommodate the probable immediate need for jobs~~ maximize job creation and economic development.

(6) Develop a robust monitoring strategy designed to gather sufficient data to evaluate the impacts from wave energy and tidal energy projects to marine and tidal ecosystems and affected species, including, but not limited to, fish, marine mammals, and aquatic plants, to inform adaptive management of the projects.

(c) (1) As part of the study identified in subdivision (a), the commission, in coordination and consultation with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, and State Lands Commission, shall work with other state and local agencies, the offshore wave energy and tidal energy industry, the commercial and recreational fishing communities, California Native American tribes, nongovernmental organizations, and other stakeholders to identify suitable sea space for offshore wave energy and tidal energy projects in state and federal waters.

(2) For purposes of identifying suitable sea space, the commission shall consider all of the following:

(A) Existing data and information on offshore wave energy and tidal energy resource potential and commercial viability.

(B) Existing transmission facilities and infrastructure, and necessary additional transmission facilities and infrastructure.

(C) Protection of cultural and biological resources with the goal of prioritizing ocean areas that pose the least conflict to those resources.

(3) For purposes of this subdivision, the commission shall incorporate the information developed by the federal Bureau of Ocean Energy Management’s California Intergovernmental Renewable Energy Task Force, as applicable.

(4) The commission, in coordination and consultation with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, State Lands Commission, other state and local agencies, the offshore wind energy industry, the commercial and recreational fishing communities, California Native American tribes, nongovernmental organizations, and other stakeholders, shall make recommendations for the avoidance, minimization, and mitigation of significant adverse environmental and ecosystem impacts and use conflicts, and for monitoring and adaptive management for offshore wave energy and tidal energy projects, consistent with California’s long-term goals relating to renewable energy, reduction of greenhouse gas emissions, and promoting biodiversity.

(5) Nothing in this subdivision modifies the authority of any state agency over project-specific siting and permitting.

(6) The commission shall seek to coordinate and consult with federal agencies, as appropriate and applicable, in performing the work required by this subdivision.

25996.1.

(a) On or before January 1, 2025, the commission and the Ocean Protection Council shall cooperatively prepare and submit a written report to the Governor and the Legislature that includes all of the following:

(1) Findings from the study described in Section 25996.

(2) Recommendations for legislative, executive, and other actions to facilitate, encourage, and promote the development and increased use of wave energy and tidal energy technologies, infrastructure, and facilities in the state.

(3) Data and findings from the wave energy and tidal energy pilot projects described in Section 25996.2, to the extent the pilot projects have been approved.

(b) (1) The report described in this section shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2029, and as of that date is repealed.

25996.2.

(a) The ~~commission, upon appropriation by the Legislature, shall solicit applications for, and consider approving,~~ commission shall consider in the investment planning process for the Electric Program Investment Charge (EPIC) program, wave energy and tidal energy pilot projects in the state that assess the technological feasibility and provide research and demonstration of the technology along California’s ~~shores.~~ shores, and maximize ratepayer and public benefits.

(b) ~~The~~ In determining the appropriate amount of EPIC funding for wave and tidal energy pilot projects, the commission shall consider the findings and recommendations included in the report described in Section 25996.1.

(c) The commission shall coordinate with the California Coastal Commission, and shall seek to coordinate with the federal Bureau of Ocean Energy Management in the United States Department of the Interior to facilitate the leasing or permitting of offshore areas under federal jurisdiction for wave energy and tidal energy projects. The commission shall also coordinate and consult with the Ocean Protection Council, the California Coastal Commission, the State Lands Commission, and other appropriate state agencies to facilitate the leasing or permitting of coastal or onshore areas under state jurisdiction for wave energy and tidal energy projects.