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Off-Shore Renewable Energy Development in NE: Massachusetts

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NE Electricity Restructuring Roundtable September 2009. Page 1 ... CHICAGO DALLAS DENVER LOS ANGELES MENLO PARK MONTREAL NEW YORK SAN FRANCISCO WASHINGTON ... – PowerPoint PPT presentation

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Title: Off-Shore Renewable Energy Development in NE: Massachusetts


1
Off-Shore Renewable Energy Development in NE
Massachusettss New Ocean Management Plan
Susan Tierney Chair, Ocean Advisory Commission
New England Electricity Restructuring Roundtable
September 18, 2009
2
Overview
  • Caveats and starting points
  • Background on Ocean Management Planning
    in Massachusetts
  • The Draft Plan (June 2009)
  • Spotlight on Renewable Energy
  • Next steps

3
Caveats for todays remarks
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  • The Plan is the responsibility of the
    Massachusetts Secretary of Energy Environmental
    Affairs
  • The Ocean Advisory Commission is a group of 17
    persons (some public officials), established by
    the Oceans Act of 2008 to advise the Secretary in
    preparing the Plan.
  • I serve as chair of the OAC
  • Todays remarks are my own
    not made on behalf of either the OAC or the
    Secretary of EOEEA.

Massachusetts Ocean Management Plan Volume 1
D R A F T
June 2009
4
Some important starting points..
  • The states ocean the water, the surface, the
    seabed are held in public trust for the
    citizens of Massachusetts.
  • The sea is no ones private property.
  • The ocean is a commons that belongs to all the
    people.
  • The people of each coastal state own the ocean of
    their respective coastal states for an area of
    ocean extending three (nautical) miles from the
    shore.
  • The state has a stewardship responsibility over
    this public trust resource.

5
Boundaries of town waters and Ocean
Sanctuaries
State waters of Massachusetts
6
Some other starting points..
  • Massachusettss history is
    inextricably tied
    to our
    relationship with the ocean.
  • Although few activities are truly
    visible, the ocean
    has abundant
    and varied uses today
  • Some are natural, some are
    related to human
    activities.
  • Some for private use, others for public use.
  • Some need to be exclusive, other s are
    compatible.
  • Some are consumptive, others not.

7
A few coastal uses we can see.
Massachusetts Ocean Management Task Force
Technical Report, March 2004.
8
Some with a less visible footprint
Recreational fishing Commercial
fishing
Draft Massachusetts Ocean Management Plan, June
2009.
9
Shipping and boating Cables
pipelines
Draft Massachusetts Ocean Management Plan, June
2009.
10
Right whale (sightings)
Note On certain maps, areas in the Federal
waters are shown in a lighter color scheme
Draft Massachusetts Ocean Management Plan, June
2009.
11
High ecological value
Draft Massachusetts Ocean Management Plan, June
2009.
12
Background
  • Ocean Management Task Force
  • In 2003, 23-member TF established to examine
    evolving ocean uses and develop a comprehensive
    approach to managing ocean resources.
  • In March 2004 Waves of Change report, with
    recommendations for
  • Enacting a new law to establish comprehensive
    ocean management planning
  • Establishing an ecosystem-based protocol to
    improve management of federal waters.

13
Oceans Act of 2008
The Oceans Act of 2008 Chapter 114 of the Acts of
2008 AN ACT RELATIVE TO OCEANS. Chapter 114 of
the Acts of 2008 AN ACT RELATIVE TO OCEANS. Be it
enacted by the Senate and House of
Representatives in General Court assembled, and
by the authority of the same as follows SECTION
1. Chapter 10 of the General Laws is hereby
amended by inserting after section 35GG the
following section-Section 35HH.  There shall be
established and set up on the books of the
commonwealth a separate fund to be administered
by the secretary of energy and environmental
affairs, as trustee, in consultation with the
department of environmental protection, to be
known as the Ocean Resources and Waterways Trust
Fund. There shall be credited to the fund any
revenue from appropriations or other monies
authorized by the general court and specifically
designated to be credited to the fund, any
appropriation or grant explicitly made to the
fund and any income derived from the investment
of amounts credited to the fund and the proceeds
from any ocean development mitigation fees
established pursuant to section 18 of chapter
132A.  The priority for use of funds derived from
compensation or mitigation for ocean development
projects shall be to restore or enhance marine
habitat and resources impacted by the project for
which the compensation or mitigation shall have
been received.  The funds derived from
compensation or mitigation related to public
navigational impacts shall be dedicated to public
navigational improvements provided, however,
that any funds for the enhancement of fisheries
resources shall be directed to conduct fisheries
restoration and management programs.  Any other
amounts credited to the fund shall be used,
without further appropriation, only for the
purposes of environmental enhancement,
restoration and management of ocean resources by
the secretary pursuant to section 4C of chapter
21A.  No expenditure from the fund shall cause
the fund to be in deficiency at the close of a
fiscal year.  Monies deposited in the fund that
are unexpended at the end of the fiscal year
shall not revert to the General Fund and shall be
available for expenditure in the subsequent
fiscal year.SECTION 2.  Chapter 21A of the
General Laws is hereby amended by inserting after
section 4B the following section-Section 4C.  (a
) The ocean waters and ocean-based development of
the commonwealth, within the ocean management
planning area described in this section, shall be
under the oversight, coordination and planning
authority of the secretary of energy and
environmental affairs, hereinafter referred to as
the secretary, in accordance with the public
trust doctrine.  Notwithstanding any general or
special law to the contrary, the secretary, in
consultation with the ocean advisory commission
established pursuant to subparagraph (c) and the
ocean science advisory council established
pursuant to subparagraph (d), shall develop an
integrated ocean management plan, which may
include maps, illustrations and other media.  The
plan shall (i) set forth the commonwealths
goals, siting priorities and standards for
ensuring effective stewardship of its ocean
waters held in trust for the benefit of the
public and (ii) adhere to sound management
practices, taking into account the existing
natural, social, cultural, historic and economic
characteristics of the planning areas (iii)
preserve and protect the public trust (iv)
reflect the importance of the waters of the
commonwealth to its citizens who derive
livelihoods and recreational benefits from
fishing (v) .value biodiversity and ecosystem
health (vi) identify and protect speci .
  • Enacted and signed in 2008.
  • Established the requirement that EOEEA Secretary
  • undertake an ocean planning process
  • adopt a comprehensive ocean management plan.

14
Draft Ocean Management Plan The Oceans 15
  • 1. Set forth the Commonwealths goals, siting
    priorities, and standards for ensuring effective
    stewardship of its ocean waters held in trust for
    the benefit of the public.
  • 2. Adhere to sound management practices, taking
    into account the existing natural, social,
    cultural, historic, and economic characteristics
    of the planning areas.
  • 3. Preserve and protect the public trust.
  • 4. Reflect the importance of the waters of the
    Commonwealth to its citizens who derive
    livelihoods and recreational benefits from
    fishing.
  • 5. Value biodiversity and ecosystem health.
  • 6. Identify and protect special, sensitive, or
    unique estuarine and marine life and habitats.
  • 7. Address climate change and sea-level rise.
  • 8. Respect the interdependence of ecosystems.
  • 9. Coordinate uses that include international,
    federal, state, and local jurisdictions.
  • 10. Foster sustainable uses that capitalize on
    economic opportunity without significant
    detriment to the ecology or natural beauty of the
    ocean.
  • 11. Preserve and enhance public access.
  • 12. Support the infrastructure necessary to
    sustain the economy and quality of life for the
    citizens of the Commonwealth.
  • 13. Encourage public participation in
    decision-making.
  • 14. Adapt to evolving knowledge and understanding
    of the ocean environment.
  • 15. Identify appropriate locations and
    performance standards for activities, uses, and
    facilities allowed under the Oceans Sanctuaries
    Act.

Public trust access issues
Support fishing
Science-based ecological protection
Support needed infrastructure and sustainable uses
Address climate change issues
Development management systems and governance
processes
15
Time line for developing the first Ocean Plan
Today (Sept. 2009)
16
Plan development included
  • Collection of data on various activities and
    resources
  • Analysis of especially rich and/or sensitive
    ecological areas
  • Analysis of compatibility of various types of
    uses
  • Development of standards to guide development
    towards or away from certain areas.

Massachusetts Ocean Management Plan Volume 1
D R A F T
June 2009
17
Spotlight on renewable energy in the Plan
  • Application of the concept of Appropriate Scale
  • Oceans Act allows development of RE facilities
    of appropriate scale, if the facility is
    otherwise consistent with the ocean plan.
  • Addressed in the plan by balancing seven factors
  • Public trust rights are protected
  • Public safety is protected
  • Significant incompatibilities with existing uses
    are avoided
  • Proximity to shoreline avoids and minimizes
    conflicts with existing uses visual impact to
    the maximum extent feasible
  • Impacts to environmental resources are avoided,
    minimized, and mitigated to the maximum extent
    feasible
  • For community wind and wave and tidal projects,
    the host community or communities must formally
    support the project
  • The technology and scale of the facility are
    appropriate to the proposed location as
    demonstrated by consistency with 1 through 5,
    above.

18

ExampleWind power potential
Wind speed
Theoretical potential for offshore wind energy
facilities 19,000 MW. - Navigant Study
Draft Massachusetts Ocean Management Plan, June
2009.
19
Windy areas with 30-m depth
60-meter contour line
Wind speed
30-meter contour line
Draft Massachusetts Ocean Management Plan, June
2009.
20
Areas of relatively high
incompatibility for commercial
scale wind (given sensitivity or
other uses)
Considering avian and marine mammal habitats,
other marine resources, view sheds and shipping
routes
Navigant study identified 6,270 MW of technical
generation capacity from offshore wind.
Good wind potential, but incompatible
Good wind potential, but incompatible
Good wind potential, but incompatible
Draft Massachusetts Ocean Management Plan, June
2009.
21
Spotlight on renewable energy in the Plan
Renewable Energy Areas
  • Plan is based on current technology (wind, wave,
    hydrokinetic)
  • Large-scale wave tidal facilities appear
    unlikely within 5 years.
  • Wind Energy Areas Commercial wind energy
  • 11 turbines a project that can be reasonably
    expected to have more environmental impacts than
    smaller projects.
  • Needs to go through MEPA and other permitting
    processes.
  • Areas presumptively suitable sites.
  • Two proposed Wind Energy Areas identified based
    on
  • Presence of a suitable wind resource and water
    depth
  • Absence of conflict with other uses or sensitive
    resources.

22
Utility-Scale Renewable Energy Areas
Including- Provisional Areas
- Adjacent Federal Areas
23
Back to the Overall Plans Management
FrameworkThree types of areas in the Ocean
Plan
  1. Prohibited Areas
  2. Renewable Energy Areas
  3. Multi-Use Areas

24
Three types of areas in the Ocean Plan
  • Prohibited Areas
  • A specific area where most uses, activities and
    facilities are expressly prohibited by the Ocean
    Sanctuaries Act.
  • Area Cape Cod Ocean Sanctuary.

25
Three types of areas in the Ocean Plan
  • Renewable Energy Areas
  • Places specifically designated for commercial
    wind energy facilities (11 turbines)
  • Areas
    (1) southwest of Nomans Land,

    (2) southern end of Elizabeth
    Islands.
  • 2 of area, capable of supporting 166 turbines

26
Three types of areas in the Ocean Plan
  • Multi-Use Areas (the rest)
  • Uses, activities and facilities allowed by the
    Ocean Sanctuaries Act are managed based on siting
    and performance standards
  • These standards direct development away from high
    value resources and concentrations of existing
    water-dependent uses.

27
Three types of areas in the Ocean Plan
  • Multi-Use Areas open to
  • Sand and gravel extraction for beach nourishment,
  • aquaculture,
  • cables and pipelines,
  • pilot/community-scale wind energy facilities and
    wave and tidal energy facilities.

28
Three types of areas in the Ocean Plan
  • Multi-Use Areas
  • Management in these areas establishes a higher
    level of protection for special, sensitive or
    unique resources (SSU), with
  • Revised MEPA standard
    avoid, or demonstrate that there is no less
    damaging practicable alternative, or demonstrate
    that data does not accurately characterize the
    resource or use.
  • Particular area of actions

29
Spotlight on renewable energy in the Plan
  • Commercial-scale projects limited to the Wind
    Energy Areas.
  • Other ocean renewables may occur in the Multi-Use
    Areas
  • Tidal 3 locations are currently documented with
    3 knot tidal velocities (near the Cape and
    Islands)
  • Wave Energy limited prospects in the state.
  • Community Wind Projects Allowed within Wind
    Energy Areas and in Multi-Use Areas

30
Community wind
  • Small in scale no more than 5 turbines per
    town, or 10 per coastal region
  • Between 1-3 miles offshore
  • Provide local benefits with needed local
    support
  • Avoid sensitive areas designated in the Plan

31
Spotlight on renewable energy

Massachusetts Ocean Management Plan Volume 1
D R A F T
The Plan is much more detailed.
June 2009
32
Next steps short term and longer term
  • Public Comment period
  • Written comment deadline November 23, 2009
  • Next steps to implement the final plan
  • Guidance, draft regulations (e.g., MEPA),
    establishment of Trust Fund, etc.
  • Plan evolution between Plan 1.0 and Plan 2.0
  • Process for periodic adoption of minor upgrades
    to version 1.0
  • Process for major revisions to version 1.0 (e.g.,
    demonstration of new information, new
    technology, new science)
  • New Plan anticipated in 5 year intervals

33
Susan TierneyAnalysis Group111 Huntington
Avenue, 10th FloorBoston, MA 20199617-425-8114
stierney_at_analysisgroup.com
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