Ocean Thermal Energy Conversion Act of 1980

(Measure passed Senate, amended)

Ocean Thermal Energy Conversion Act of 1980 - =Title I: Regulation of Ocean Thermal Energy Conversion Facilities and Plantships= - Prohibits any person from owning, constructing, or operating an ocean thermal energy conversion (OTEC) facility and prohibits United States citizens from owning, constructing, or operating an ocean thermal energy conversion plantship without a license issued pursuant to this Act.

Authorizes the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to issue, transfer, amend, or renew licenses for the ownership, construction, and operation of such facilities or plantships upon application and in accordance with this Act. Sets forth criteria for determining whether to issue such licenses, and directs the Administrator to prescribe any conditions deemed necessary to carry out this Act or which are required by any Federal department or agency. Directs the Administrator to establish bonding requirements or other assurances necessary to assure that upon revocation or termination of a license, the licensee will remove all components of any such facility or plantship from the ocean and the seabed as directed by the Administrator. Sets the term of such licenses at a maximum of 25 years, with a right of renewal for an additional ten years for each renewal.

Directs the Administrator to issue regulations, within one year of the date of enactment of this Act, to carry out the purposes and provisions of this Act.

Authorizes the Administrator, in consultation with the Secretary of the Interior and the Secretary of the department in which the Coast Guard is operating, to prescribe regulations, if necessary, relating to site evaluation and preconstruction testing at OTEC facility or plantship locations that may: (1) adversely affect the environment; (2) interfere with other reasonable uses of the high seas; or (3) pose a threat to human health and safety.

Directs the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Secretary of the department in which the Coast Guard is operating, the Chief of Engineers of the United States Army Corps of Engineers, and the heads of other Federal departments and agencies having jurisdiction over or expertise concerning any aspect of the construction or operation of such facilities or plantships, to submit to the Administrator written comments as to their expertise or statutory responsibilities with respect to this or any other Federal law.

Sets forth application procedures and requirements for licenses authorized for issuance by this Act, including provisions for public notice hearings, and Federal agency review. Requires that applicants for licenses remit a fee at the time of filing such application, to be determined by the Administrator, and to be deposited in the miscellaneous receipts of the Treasury.

Establishes priorities for the issuance of licenses where more than one application is submitted for the same designated application area.

Establishes criminal penalties for the breaking of or injury to any submarine electric transmission cable or equipment being constructed or operated under a license issued under this Act.

Requires a licensee to indemnify the owner of any vessel which sacrifices any anchor, fishing net, or other fishing gear to avoid injuring any such cable or equipment.

Requires any licensee who causes any break in or injury to any submarine cable or pipeline to bear the cost of the repairs thereto.

Directs the Administrator to submit applications for issuance, transfer, or renewal of any license to the Attorney General for antitrust review.

Directs the Administrator to designate as an "adjacent coastal State" any coastal State: (1) which would be directly connected by electric transmission cable or pipeline to an ocean thermal energy conversion facility or plantship; (2) in whose waters any part of such proposed ocean thermal energy conversion facility would be located; or (3) in whose waters an ocean thermal energy conversion plantship would be operated as proposed in an application. Authorizes the Administrator to make such designation for any other State, upon request, upon a determination that there is a risk of damage to the coastal environment equal to or greater than the risk posed to a State required to be designated as an "adjacent coastal State," or if it is likely that the thermal plume of any proposed facility or plantship would impinge on possible locations for other ocean thermal energy conversion facilities or plantships which would be connected to such State. Requires that the Administrator transmit to the Governor of any designated adjacent coastal State a complete copy of each license application. Prohibits the issuance of any license for an ocean thermal energy conversion facility or plantship without consultation with the Governor of such State where such State has an approved coastal zone management program in effect pursuant to the Coastal Zone Management Act of 1972. Directs the Administrator to condition the license granted so as to make it consistent with such State program.

Authorizes States to enter into agreements or compacts to apply for such licenses and to establish agencies for implementing such agreements or compacts.

Requires the Administrator to issue regulations requiring licensees to pursue diligently such facility or plantship construction and operation and authorizes the termination of any license for failure to comply with such regulations.

Directs the Administrator to initiate a program to assess the environmental effects of such facilities or plantships so as to determine whether their cumulative impact requires that a limit be placed on the number or total capacity of such facilities or plantships to be licensed under this Act.

States that the issuance of such licenses is deemed to be a major Federal action significantly affecting the quality of the environment for purposes of the environmental impact statement provisions of the National Environmental Policy Act of 1969. Authorizes the preparation of a consolidated environmental impact statement by the Administrator and other involved Federal agencies and departments.

Directs the Secretary of the department in which the Coast Guard is operating to issue regulations and enforce procedures concerning any ocean thermal energy conversion facility or plantship, including rules on vessel movement, transfer of materials between facilities and plantships and transport vessels, designation of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required to prevent pollution of, and other adverse impacts on, the marine environment and to clean up any pollutants which may be discharged.

Directs the Secretary to designate a zone of appropriate size around and including any ocean thermal energy conversion facility or plantship for the purpose of navigational safety, and to establish safety zones during the period of construction of such facilities or plantships.

Directs the Secretary to promulgate and enforce regulations as necessary concerning the documentation, design, construction, alteration, equipment, maintenance, repair, inspection, certification, and manning of facilities and plantships.

States that for the purposes of the vessel inspection laws, such facilities and plantships shall be deemed to be vessels.

Requires that licenses include such conditions as necessary to ensure that construction and operation of such facilities and plantships are conducted with reasonable regard for navigation, fishing, energy production, scientific research, or other uses of the high seas.

Directs the Administrator to promulgate regulations specifying under what conditions the thermal plume of a facility or plantship will: (1) degrade the thermal gradient used by another plantship or facility; or (2) adversely affect the territorial sea or area of natural resource jurisdiction of any other nation. Provides for the mediation or arbitration of disputes among licensees, regarding the interference of one facility or plantship with another, by the Administrator.

Prohibits a licensee from permitting a foreign vessel to call at or utilize a plantship or facility, except in a situation involving a force majeure (Act of God) or: (1) pursuant to a specific agreement; and (2) the vessel owner has designated an agent in the United States to receive process.

Authorizes the inspection and monitoring of licensees' activities, and sets forth appropriate procedures.

Sets forth provisions for the suspension, revocation, and termination of licenses for failure to comply with provisions of this Act or applicable rules or conditions issued or imposed by the Administrator under the authority of this Act. Includes provisions for the immediate suspension of facility or plantship construction or operation upon a determination by the Administrator that such action is necessary to protect public health and safety or to eliminate dangers to the environment.

Sets forth provisions concerning recordkeeping, reports, and public access to information.

Authorizes licensees to relinquish to the Administrator any right to conduct construction or operation of such a facility or plantship, but stipulates that such relinquishment shall not relieve the licensee of any obligation or liability established by this Act.

Authorizes civil actions by any person having a valid legal interest which is or may be adversely affected by actions of licensees or by the failure of the Administrator to comply with the requirements of this Act.

Authorizes judicial review of any decision of the Administrator concerning a license.

Exempts, from the provisions of this title, any test platform which will not operate as an ocean thermal energy conversion facility or platform after conclusion of the testing period.

States that the provisions of this title shall not apply to ownership, construction, or operation of any OTEC facility or plantship which the Secretary of Energy designates as a demonstration project for the development of alternative energy sources and which is conducted by, participated in, or approved by the Department of Energy.

Directs the Administrator and the Secretary of the Department in which the Coast Guard is operating to periodically review, in consultation with the Secretary of Energy, any regulations promulgated pursuant to this title to determine the status and impact of such regulations on the continued development, evaluation, and commercialization of OTEC technology. Directs the Administrator and such Secretary to promulgate any necessary revisions of the regulations. Provides, in addition, that the Secretary of Energy may propose revisions to such regulations.

=Title II: Maritime Financing for Ocean Thermal Energy Conversion= - States that for the purposes of the Merchant Marine Act: (1) any ocean thermal energy conversion facility or plantship licensed under this Act, and any vessel providing shipping service to or from such facilities or plantships, shall be deemed to be a vessel operated in the foreign commerce of the United States; and (2) any vessel documented under the laws of the United States and providing such service shall be deemed to be used in, and used in an essential service in, the foreign commerce or foreign trade of the United States.

Amends the Federal Ship Mortgage Insurance provisions of the Merchant Marine Act of 1936, to include such facilities and plantships in the definition of "vessel" and to add a definition of "ocean thermal energy conversion facility or plantship."

Provides that with respect to such facilities and plantships constructed without the aid of a construction-differential subsidy, obligations guaranteed under such Act may be in an aggregate principal amount not exceeding 87 1/2 percent of the actual cost or depreciated actual cost of the facility or plantship.

Amends such provisions to authorize the Secretary of Commerce to guarantee, or make a commitment to guarantee, payment of the principal of and interest on an obligation which aids in financing a vessel designed for use as a commercial demonstration ocean thermal energy conversion facility or plantship. Prohibits such a guarantee or commitment to guarantee unless the Secretary of Energy, in consultation with the Secretary of Commerce, certifies that, for the facility or plantship for which the guarantee or commitment to guarantee is sought, there is sufficient guarantee of performance and payment to lower the risk to the Federal Government to a level which is reasonable.

Increases the aggregate unpaid principal amount of obligations guaranteed under such Act to $12,000,000,000, and requires that $2,000,000,000 of such amount be limited to obligations pertaining to demonstration ocean thermal energy conversion facilities or plantships guaranteed under such Act.

Establishes the OTEC Demonstration Fund as a special sub-account of the Federal Ship Financing Fund, to be used for obligation guarantees authorized by such Act which do not otherwise qualify under other sections thereof.

Limits to five the number of ocean thermal energy conversion facilities or plantships which may obtain obligation guarantees or a demonstrated 400 megawatt capacity, whichever comes first.

=Title III: Enforcement= - Provides for the enforcement of provisions of this Act and rules or orders issued thereunder and lists prohibited acts. Authorizes the Administrator to issue compliance orders to any person for violation of specified provisions of this Act and to request the Attorney General to commence civil action for relief or civil penalties for any violation for which the Administrator is authorized to issue such compliance orders. Establishes civil and criminal penalties for such violations as specified.

=Title IV: Miscellaneous Provisions= - Directs the Administrator, after consultation with the Secretary of State, to issue amendments to any regulations issued under this Act to conform such regulations to any treaty ratified by the United States as a result of any United Nations Conference on the Law of the Sea.

Directs the Secretary of State, in cooperation with the Administrator and the Secretary of the department in which the Coast Guard is operating, to seek effective international action and enter international agreements to further the policy and purposes of this Act.

Sets forth provisions concerning the relationship of other laws to the facilities and plantships authorized for construction and operation under this Act, including a provision that the law of the nearest adjacent coastal State to which such a licensed facility is connected by electric transmission cable or pipeline is declared to be the law of the United States.

Directs the Secretary of Energy to establish standards and regulations for the safe construction and operation of submarine electric transmission cables and equipment over which the United States has jurisdiction.

Directs the Administrator to submit to Congress an annual report on the administration of this Act.