74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Joint Memorial 22
Sponsored by Representative COWAN; Representatives BEYER, BOONE,
CANNON, DINGFELDER, JENSON, KRIEGER, MACPHERSON, MORGAN,
NELSON, READ, ROBLAN, SCHAUFLER, G SMITH, WITT, Senators G
GEORGE, L GEORGE, JOHNSON, KRUSE, MORRISETTE, VERGER, WALKER,
WHITSETT (at the request of Lincoln County)
To the President of the United States and the Senate and the
House of Representatives of the United States of America, in
Congress assembled:
We, your memorialists, the Seventy-fourth Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
Whereas wave energy is a renewable power source with a great
potential to reduce our dependence on oil and other fossil fuels;
and
Whereas the Oregon coast is particularly well suited for the
development of wave energy development and generation; and
Whereas the technology for harnessing wave energy is rapidly
evolving in many locations, including Scotland, Portugal and here
in Oregon; and
Whereas the Legislative Assembly of the State of Oregon
strongly supports the development of this technology for its
global benefits, as well as its potential for economic
development; and
Whereas the siting of wave energy facilities in the ocean has
the potential for direct conflict with other important uses of
ocean resources; and
Whereas the only current process for the siting of wave energy
facilities in the ocean is, unfortunately, Part 1 of the Federal
Power Act, 16 U.S.C. 791a et seq., which is primarily designed
for the siting of dams on rivers; and
Whereas agencies of the federal government are themselves in
disagreement as to which agency has jurisdiction over the siting
of wave energy facilities within the outer continental shelf; and
Whereas recent applications to the Federal Energy Regulatory
Commission under the current process highlight these deficiencies
with the regulatory process and the disagreements among federal
agencies; and
Whereas it appears that the use of the current regulatory
process is destined for conflict; and
Whereas that conflict will likely slow the process of
developing this important and innovative technology; now,
therefore,
Be It Resolved by the Legislative Assembly of the State of
Oregon:
(1) The Congress of the United States of America is
respectfully urged to include the following proposed language in
an amendment to the Federal Power Act, 16 U.S.C. 791a et seq.:
The Federal Energy Regulatory Commission is granted
jurisdiction over ocean wave energy conversion devices located in
Enrolled House Joint Memorial 22 (HJM 22-A) Page 1
the territorial waters of the United States from the shoreline to
12 nautical miles out to sea. Jurisdiction shall be exercised
pursuant to Part 1 of the Federal Power Act, except that the
commission shall adopt rules specific to ocean wave energy
conversion devices. Those rules shall include, but are not
limited to, provisions that provide for expedited processing for
a preliminary permit or a license for such devices and for state
and local government input regarding location and anchoring of,
and electric transmission from, devices prior to the filing of an
application for a preliminary permit or a license.
(2) A copy of this memorial shall be sent to the President of
the United States, to the Senate Majority Leader, to the Speaker
of the House of Representatives and to each member of the Oregon
Congressional Delegation.
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Adopted by House May 1, 2007
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Chief Clerk of House
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Speaker of House
Adopted by Senate May 16, 2007
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President of Senate
Enrolled House Joint Memorial 22 (HJM 22-A) Page 2