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State Links
CALIFORNIA
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States Issues and Ocean EnergyAlthough various federal agencies have jurisdiction over ocean energy resources, each respective state with ocean shoreline retains varying degree of control. The Submerged Lands Act, vests title to the territorial sea (i.e., the three mile coastal belt) in the states, although it reserves federal rights to develop water power in the seabed and subsoil beyond that, i.e., on the outer continental shelf. ( (OCLSA, 43 U.S.C. sec. 1331-1356). In addition, under the Coastal Zone Management Act(CZMA), provides federal funding to states to develop and administer coastal programs in accordance with the guidelines set forth in the CZMA. . Typically, states also have jurisdiction over the siting and permitting of electric power plants. Most state siting regimes require a showing of a need for power and economic feasbility as a prerequisite to siting an electric plant, including an ocean energy plant (though certain exceptions may exist for development of prototypes and experimental facilities). In addition, an ocean energy plant would need to comply with various state environmental requirements. States also have laws designed to protect public resources, such as clean water guidelines, fish and wildlife, wetlands and coastal shoreline, recreational activities and aesthetics -- all of which could potentially be impacted by ocean energy development (other issues such as navigation, are typically handled on the federal side. Because most environmental and public resource statutes are state specific, they defy quick summary. For examples of the range of statutes, review the state specific links on the left.
State Renewable IncentivesMany states have a panoply of programs to encourage development of renewable energy technologies which might apply to ocean energy projects. These programs include tax incentives for investing in renewables, rebates for purchase or use of renewable fuels and programs or investment trusts which may provide funding for development of renewable prototypes or development of renewable technologies with commercialization potential. Some of these programs are listed at left. Many states also have, through electric utility restructuring, implemented programs such as renewable portfolio standard, green power pricing or net metering which further encourage use and development of renewables. A summary of renewable programs available in all fifty states is available at Database of State Incentives for Renewable Energy Research TipsWhat do I do if the state that I am interested in is not listed on the left? We are in the process of adding other states to our web based library which have laws and programs that affect ocean energy development. In the meantime, there are several good starting points for researching these laws and programs. One suggestion is to visit the website of the state's public utility commission which may have an office on renewable energy development or energy conservation. Links to the 50 state public utility commissions can be obtained from National Association of Regulated Utility Commissions (NARUC). A state's environmental protection agency may also have information on ocean resources and development. These sites can usually be reached through the state government's home page. (See Firstgov.com for links to the state government home pages.) Finally, you can also research the state's laws and regulations on your own. Findlaw.com is one law portal with links to statutes and regulations from the 50 states. (Bear in mind, statutes and regulations are only a starting point. For example, courts or agencies may have issued rulings on what these laws mean or how they apply and you will need to learn about these rulings to gain a full understanding. Thus, even if the statutes seem clear, you may want to consult with agency personnel or an attorney prior to choosing a course of action). | fdfasd |
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