Building the Foundation

Given its size and output, offshore wind is a great way for coastal states to meet their clean energy targets and ambitions. If a state is interested in building offshore wind, its first step is to ask the Bureau of Ocean Energy Management (BOEM)—housed within the U.S. Department of the Interior—to form an Intergovernmental Task Force. The purpose of the Task Force is to gather stakeholders from relevant territorial, Tribal, local, state, and federal government agencies to identify which areas in federal waters might be best suited for offshore wind development. BOEM has established 15 Intergovernmental Task Forces to date in California, Delaware, Florida, Guam, Hawaii, Maine, Maryland, Massachusetts, New Jersey, New York, North Carolina, Oregon, Rhode Island, South Carolina, and Virginia.

Intergovernmental Task Forces typically meet periodically over several years. Meetings focus on identifying which areas of ocean might be good for offshore wind development, and what areas of ocean should be excluded for a variety of economic, cultural, scientific, military, or other purposes. The Task Force will also hold meetings with outside stakeholders, such as representatives from industries like fishing or shipping, marine scientists, and environmental groups to gather additional input.

The Task Force continues to meet throughout the offshore wind planning and leasing process.

The linked summary outlines the activities undertaken by the BOEM California Intergovernmental Renewable Energy Task Force to do outreach with relevant stakeholders: Outreach Summary Report California Offshore Wind Energy Planning.

From CESA’s November 2022 OWA Newsletter

After the Intergovernmental Task Force has established certain areas for or excuded certain areas from offshore wind power development, BOEM publishes a “Call for Information and Nominations” about a specific region, the “Call Area,” in the outer continental shelf (OCS). The OCS is an area that begins 3-9 nautical miles out from the shoreline. This call helps BOEM determine whether there is interest from the private sector in developing offshore wind in that Call Area, and whether there are any objections from stakeholders to developing specific portions. States can also nominate areas that they have studied for their offshore wind energy potential and ask BOEM to designate them as Call Areas, once BOEM has conducted its own review. In our next newsletter, we will discuss how Call Areas become Wind Energy Areas, the next phase of the offshore wind leasing process.

From CESA’s May 2023 OWA Newsletter

A Wind Energy Area (WEA) is a portion of the outer continental shelf that BOEM identifies for future offshore wind development. Starting with a Call Area, BOEM uses its own analysis, as well as public comments from its Call for Nominations to narrow the area into a Draft WEA. Factors that BOEM considers in the creation of a Draft WEA include density of fishing activity, levels of current or future maritime traffic, U.S. Department of Defense designated uses, and recommendations by offshore wind developers regarding the wind resource. The WEA is then subject to a National Environmental Policy Act (NEPA) review. After BOEM finalizes a WEA, the leasing process can begin. If there is significant enough interest from developers, BOEM may carve a WEA into multiple “leasing areas.” In our next installment, we’ll discuss how BOEM leases WEAs to offshore wind developers.

To learn more about the process of identifying WEAs, you can check out these documents and videos from BOEM and NYSERDA:

• Regulatory Framework and Guidelines (boem.gov)
• Wind Energy Commercial Leasing Process (boem.gov)
• Siting and Leasing Offshore Wind Energy Areas (Learning from the Experts)

From CESA’s July 2023 OWA Newsletter

When BOEM leases a portion of the Outer Continental Shelf (OCS) to an offshore wind energy developer, it gives the developer the exclusive right to study the area for its wind energy potential. Before leasing, BOEM is required by the National Environmental Policy Act (NEPA) to conduct and publish an Environmental Assessment (EA), determining whether the study of the lease area would significantly impact the area’s human and environmental activity. The EA is the first of several analyses that take place over the course of a project’s development that are required by NEPA. When creating the EA, BOEM considers only the potential environmental effects of studying the lease area—called “site assessment”—not the effects from construction of the project itself. These activities typically include the construction of meteorological towers and buoys and geological, geotechnical, biological, and archeological surveys by a developer.

In the EA, BOEM considers effects of site assessment activities on the area’s physical resources, biological resources, land use and coastal infrastructure, and socioeconomic resources. In addition, BOEM must consult with other US government agencies and consider laws with jurisdiction over the same area. These agencies include the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, and laws include the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, the Coastal Zone management Act, the Marine Mammal Protection Act, the National Marine Sanctuaries Act, the Native American Graves Protection and Repatriation Act, and the National Historic Preservation Act. During these consultations, BOEM may reach out to additional entities, including Tribes, state and local governments, and non-profit organizations. Once BOEM has completed its assessment and consultations, the agency will issue a Draft EA, subject to a public comment period, before revising and issuing the Final Environmental Assessment, which determines the conditions under which the leasing areas can be studied by developers. In the next newsletter, we will discuss how BOEM auctions portions of a WEA to developers.

For an example of a BOEM Environmental Assessment, you can skim through their Revised Environmental Assessment of the Atlantic Continental Shelf Offshore North Carolina.