Chapter 18Wave Energy and Tidal Energy

Section § 25996

Explanation

This law requires a review of the potential for using wave and tidal energy in California as clean energy sources. By 2024, the commission needs to collaborate with various state agencies to evaluate the feasibility, costs, and benefits of these energy sources. The evaluation will focus on technological and economic factors, necessary infrastructure, and the potential for job creation. Moreover, it involves assessing the environmental impact on marine ecosystems and developing a strategy for adaptive management.

The commission must also identify suitable locations for such energy projects, considering existing data, infrastructure needs, and the protection of cultural and biological resources. The law mandates cooperation with a wide range of stakeholders, including federal and local entities, to address potential conflicts and environmental impacts while supporting renewable energy goals.

(a)CA Public Resources Code § 25996(a) As part of the 2024 energy policy review prepared pursuant to subdivision (c) of Section 25302, the commission, in consultation with other appropriate state agencies, including, but not limited to, the Ocean Protection Council, the Department of Fish and Wildlife, the State Lands Commission, and the California Coastal Commission, shall evaluate the feasibility, costs, and benefits of using wave energy and tidal energy as forms of clean energy in the state.
(b)CA Public Resources Code § 25996(b) For purposes of the evaluation identified in subdivision (a), the commission shall do all of the following:
(1)CA Public Resources Code § 25996(b)(1) Evaluate factors that may contribute to the increased use of wave energy and tidal energy in the state.
(2)CA Public Resources Code § 25996(b)(2) Provide findings on the latest research about the technological and economic feasibility of deploying offshore wave and tidal energy in the state.
(3)CA Public Resources Code § 25996(b)(3) Evaluate wave energy and tidal energy project potential transmission needs and permitting requirements.
(4)CA Public Resources Code § 25996(b)(4) Evaluate wave energy and tidal energy project economic and workforce development needs.
(5)CA Public Resources Code § 25996(b)(5) Identify near-term actions, particularly related to investments and the workforce for wave energy and tidal energy projects, to maximize job creation and economic development, while considering affordable electric rates and bills.
(6)CA Public Resources Code § 25996(b)(6) Identify a robust monitoring strategy designed to gather sufficient data to evaluate the impacts from wave energy and tidal energy projects to marine and tidal ecosystems and affected species, including, but not limited to, fish, marine mammals, and aquatic plants, to inform adaptive management of the projects.
(c)Copy CA Public Resources Code § 25996(c)
(1)Copy CA Public Resources Code § 25996(c)(1) The commission, in coordination and consultation with the California Coastal Commission, the Department of Fish and Wildlife, the Ocean Protection Council, and the State Lands Commission, shall work with other state and local agencies, the offshore wave energy and tidal energy industry, the commercial and recreational fishing communities, California Native American tribes, nongovernmental organizations, and other stakeholders to identify suitable sea space for offshore wave energy and tidal energy projects in state and federal waters.
(2)CA Public Resources Code § 25996(c)(2) For purposes of identifying suitable sea space, the commission shall consider all of the following:
(A)CA Public Resources Code § 25996(c)(2)(A) Existing data and information on offshore wave energy and tidal energy resource potential and commercial viability.
(B)CA Public Resources Code § 25996(c)(2)(B) Existing transmission facilities and infrastructure, and necessary additional transmission facilities and infrastructure.
(C)CA Public Resources Code § 25996(c)(2)(C) Protection of cultural and biological resources with the goal of prioritizing ocean areas that pose the least conflict to those resources.
(3)CA Public Resources Code § 25996(c)(3) For purposes of this subdivision, the commission shall incorporate the information developed by the federal Bureau of Ocean Energy Management’s California Intergovernmental Renewable Energy Task Force, as applicable.
(4)CA Public Resources Code § 25996(c)(4) The commission, in coordination and consultation with the California Coastal Commission, Department of Fish and Wildlife, Ocean Protection Council, State Lands Commission, other state and local agencies, the offshore wind energy industry, the commercial and recreational fishing communities, California Native American tribes, nongovernmental organizations, and other stakeholders, shall identify measures that would avoid, minimize, and mitigate significant adverse environmental and ecosystem impacts and use conflicts, and for monitoring and adaptive management for offshore wave energy and tidal energy projects, consistent with California’s long-term goals relating to renewable energy, reduction of greenhouse gas emissions, and biodiversity.
(5)CA Public Resources Code § 25996(c)(5) Nothing in this subdivision modifies the authority of any state agency over project-specific siting and permitting.
(6)CA Public Resources Code § 25996(c)(6) The commission shall seek to coordinate and consult with federal agencies, as appropriate and applicable, in performing the work required by this subdivision.
wave energy tidal energy clean energy energy policy review environmental impact marine ecosystems job creation offshore energy projects technological feasibility economic benefits infrastructure needs adaptive management stakeholder collaboration cultural resources protection renewable energy goals
(Added by Stats. 2023, Ch. 405, Sec. 1. (SB 605) Effective January 1, 2024.)

Section § 25996.1

Explanation

The law requires the commission to deliver a written report to the Governor and Legislature by January 1, 2025. This report should summarize the commission's evaluations and provide recommendations for promoting wave and tidal energy technologies in California.

The report is to guide legislative and executive actions to support economically and technologically viable wave and tidal energy projects.

The section remains effective until January 1, 2029, at which point it will be repealed.

(a)CA Public Resources Code § 25996.1(a) On or before January 1, 2025, the commission shall submit a written report to the Governor and the Legislature that includes both of the following:
(1)CA Public Resources Code § 25996.1(a)(1) A summary and findings from the evaluation and work described in Section 25996.
(2)CA Public Resources Code § 25996.1(a)(2) Considerations that may inform legislative and executive actions to facilitate, encourage, and promote the development and increased use of technologically and economically feasible wave energy and tidal energy technologies, infrastructure, and facilities in the state.
(b)Copy CA Public Resources Code § 25996.1(b)
(1)Copy CA Public Resources Code § 25996.1(b)(1) The report described in this section shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.
(2)CA Public Resources Code § 25996.1(b)(2) Pursuant to Section 10231.5 of the Government Code, this section shall remain in effect only until January 1, 2029, and as of that date is repealed.
wave energy tidal energy energy technologies infrastructure development renewable energy report legislative recommendations economically feasible energy technologically feasible energy energy facilities California energy policy energy commission report Governor and Legislature report energy project promotion renewable energy infrastructure energy evaluation findings
(Added by Stats. 2023, Ch. 405, Sec. 1. (SB 605) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)