Offshore energy transmission

(a) Definitions In this section: (1) Backbone line The term backbone line means a transmission line that connects multiple offshore transmission substitutions. (2) Federal authorization (A) In general The term Federal authorization means any authorization required under Federal law in order to site an offshore transmission facility. (B) Inclusions The term Federal authorization includes such permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law in order to site an offshore transmission facility. (3) Offshore generation facility The term offshore generation facility means a facility that— (A) is located on the outer Continental Shelf; and (B) produces electric energy. (4) Offshore transmission facility (A) In general The term offshore transmission facility means a facility, such as a line or cable, and any related infrastructure or equipment, such as a substation or converter station, that is used for the transmission of electric energy— (i) between 2 or more offshore generation facilities, including— (I) offshore generation facilities within a single offshore energy project; and (II) offshore generation facilities in different offshore energy projects; or (ii) between 1 or more offshore generation facilities and an interconnection with an onshore electric grid. (B) Inclusions The term offshore transmission facility includes a radial line, a backbone line, and any transmission line. (5) Optimal point of interconnection The term optimal point of interconnection means a point of interconnection that minimizes— (A) delays; (B) local impacts; and (C) the need for grid updates. (6) Outer Continental Shelf The term outer Continental Shelf has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (7) Radial line The term radial line means a transmission line that is used to link 1 or more offshore energy projects to the bulk-power system (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a))). (8) Secretary The term Secretary means the Secretary of the Interior. (9) State The term State has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (b) Identification of preferred routes (1) In general (A) Initial identification Not later than 2 years after the date of enactment of this Act, the Secretary and the Secretary of Energy (referred to in this subsection as the Secretaries), in coordination with relevant Federal agencies involved in the permitting of offshore generation facilities and offshore transmission facilities, shall identify preferred routes on the outer Continental Shelf for transmission cables and sub-seabed infrastructure (where such routes have not yet been identified), including— (i) between offshore generation facilities; and (ii) between offshore generation facilities and optimal points of interconnection with onshore electric grids. (B) Periodic review Not less frequently than once every 3 years after the initial identification of preferred routes in accordance with subparagraph (A), the Secretaries, in coordination with relevant Federal agencies involved in the permitting of offshore generation facilities and offshore transmission facilities, shall— (i) determine whether additional preferred routes are needed; and (ii) if applicable, identify any additional preferred routes. (2) Considerations In identifying preferred routes under paragraph (1), the Secretaries shall take into account— (A) existing rights-of-way and existing sub-seabed infrastructure; (B) the optimal points of interconnection between offshore generation facilities and onshore electric grids; and (C) impacts on the marine environment, including critical habitats or protected areas, marine organisms, including protected or endangered species, and other ocean users, including fisheries. (c) Siting, permitting, and authorizations (1) Lead agency With respect to an offshore transmission facility, the Department of the Interior shall act as the lead agency for purposes of coordinating all applicable Federal authorizations and related environmental reviews of the facility. (2) Rulemaking (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in coordination with other relevant Federal agencies, shall issue, pursuant to section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334), a final rule relating to Federal authorizations for offshore transmission facilities. (B) Considerations In carrying out subparagraph (A), the Secretary shall consider— (i) establishing 1 or more procedures for soliciting information about existing and potential rights-of-way; (ii) establishing a process for determining interest in the use of 1 or more rights-of-way, including backboned or meshed rights-of-way; (iii) establishing a process for the issuance of rights-of-way, on a competitive or noncompetitive basis, as appropriate, which may include consideration of whether a developer— (I) has an award from a State via a competitive process; (II) has an existing agreement to interconnect a transmission project; or (III) has submitted an interconnection request in accordance with the pro forma Large Generator Interconnection Procedures promulgated pursuant to section 35.28(f) of title 18, Code of Federal Regulations (or successor regulations); (iv) any requirements relating to environmental reviews for— (I) independent transmission projects; and (II) transmission projects within existing rights-of-way; and (v) the requirements described in section 8(p)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(4)). (3) Amendment Section 8(p)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(3)) is amended— (A) by striking, the Secretary shall issue a lease, easement, or right-of-way and inserting the following: “(43 U.S.C. 1337 note; Public Law 109–58), the Secretary— (A) shall issue a lease or easement; and (B) in subparagraph (A) (as so designated)— (i) by striking lease, easement, or right-of-way and inserting lease or easement; and (ii) by striking the period at the end and inserting the following: “; and (B) may issue a right-of-way on a competitive or noncompetitive basis, as the Secretary determines to be appropriate..