Access Framework: Model Text (November 2011): An Act to Establish a Framework for Development of Offshore Wind Power

The model offshore wind power legislation focused on two aspects: compensation for use of ocean space and environmental assessment. In particular, the model legislation recommends the adoption of a rent and royalty scheme that is premised on high rent and low royalties in order to stimulate qualified bids from developers who are motivated to begin production as early as possible and to discourage sham bidding. The model legislation also includes a provision that sets royalties at a lower rate in the early years of project operation, and that provides states with the discretion to waive or defer rent and/or royalties for a period of time to meet the goals and objectives of energy independence, job creation, reduced emissions of conventional pollutants and greenhouse gases and increased state requirements for electricity from renewable sources. The environmental impact assessment (EIA) is structured to provide a systematic and interdisciplinary evaluation of the potential positive and negative life-cycle effects of a proposed offshore wind project on the physical, biological, cultural and socio-economic attributes of the project.