So-Called National Ocean Protection Act S.1224

With all of our attention and limited resources focused on the Senate Energy Bill, we almost overlooked Barbara Boxer’s so-called National Ocean Protection Act (June 9, 2005).  At a time when ocean energy is just starting to make strides and gain recognition in legislation, the Boxer Bill would throw up more barriers.  Among other things, Sec. 151 of the Boxer Bill will require federal agencies with permitting authority over oceans to certify that their decisions comply with applicable law – and will give NOAA review authority over those agency determinations.  Another layer of bureaucracy – just what’s needed in the ocean energy industry.  Even worse, Section 161 calls for NOAA, in coordination with EPA, Corps and DOI, to develop an offshore permitting program for actions in federal waters including development of renewable energy.

There’s nothing wrong with regulation of oceans, which after all are
a public resource.  But they’re already regulated by multiple agencies
and statutes, as this chart
shows.  Asking four agencies to develop a program from the ground up -
when several regulatory schemes are already in place and while some
projects are already in the course of obtaining permits under existing
schemes simply doesn’t seem to make the best use of resources.  And the
bill doesn’t make any mention about streamlining possibilities for demo
or prototype projects.

Perhaps if the present schemes prove inadequate, new systems for
permitting ocean  and offshore wind projects should be developed.  But
is there really a need to implement a complicated fix now, especially
when it will only delay projects that are currently underway and
possibly deter those that have not yet begun.