What This Bill Does
This resolution expresses the opinion of the House of Representatives that offshore wind projects along the Atlantic coast need more thorough investigations before leasing or building can happen. The investigations should examine impacts on the environment, fishing industries, shipping, and national defense.
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Who It Affects
- The Bureau of Ocean Energy Management (the federal agency managing ocean energy leasing)
- The Department of the Interior
- The National Oceanic and Atmospheric Administration (the federal ocean agency)
- Commercial fishing companies and recreational fishing operations
- Shipping and maritime companies operating on the Atlantic coast
- The U.S. Coast Guard
- The Department of Defense
- Whale and marine species populations
- Residents of East Coast communities
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Key Provisions
- Congress should conduct investigations to determine the true impacts of offshore wind development (Sec. 3(A))
- Congress should use findings from these investigations to develop legislation to prevent negative environmental or economic impacts (Sec. 3(B))
- Leasing and construction of offshore wind farms along the Atlantic coast should be stopped immediately until investigations are completed and findings presented to Congress and the public (Sec. 4)
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What Changes
Not specified in bill text. This is a resolution expressing the House's opinion, not a law that requires specific actions or creates immediate changes.
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Important Definitions
None defined in bill text.
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IV
118TH CONGRESS
1ST SESSION
H. RES. 239
Expressing the sense of the House of Representatives that offshore wind
projects along the Atlantic coast require more comprehensive investiga-
tions examining the impact to the environment, relevant maritime indus-
tries, and national defense before being leased or constructed.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 2023
Mr. VAN DREW (for himself, Mr. HARRIS, Mr. SMITH of New Jersey, Mr.
PERRY, and Mr. D’ESPOSITO) submitted the following resolution; which
was referred to the Committee on Natural Resources
RESOLUTION
Expressing the sense of the House of Representatives that
offshore wind projects along the Atlantic coast require
more comprehensive investigations examining the impact
to the environment, relevant maritime industries, and
national defense before being leased or constructed.
Whereas the Bureau of Ocean Energy Management (BOEM),
under the direction of the Department of the Interior,
has as of March 2023 leased 1,753,818 acres of offshore
land for wind development and is planning on leasing an-
other 1,700,000 acres off the Central Atlantic coast and
additional leases off the Northern Atlantic coast and the
Gulf of Maine;
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•HRES 239 IH
Whereas offshore wind turbines are over 900 feet tall, 600
feet higher than standard onshore wind turbines;
Whereas the interarray and offshore export connection cables
between wind farms and onshore energy grids will require
the dredging of hundreds of miles of ocean floor;
Whereas lease areas sit along known migration routes and
foraging areas of North Atlantic right whales, humpback
whales, and economically important commercial and rec-
reational fish species;
Whereas disturbances to right whale foraging areas could
have population-level effects on the already endangered
and stressed species;
Whereas, between December 2022 and March 2023, 23 dead
whales have washed ashore on the East Coast, including
on the shores of Lido Beach on Long Island, New York,
the North Brigantine Natural Area in Brigantine, New
Jersey, and the shores of Virginia Beach, Virginia;
Whereas the BOEM and the National Oceanic and Atmos-
pheric Administration (NOAA) have an unclear process
for determining all contributing causes of death of whales
through necropsies;
Whereas NOAA lacks a mechanism to oversee and enforce
the parameters of its incidental harassment authoriza-
tions of marine mammals issued to offshore wind compa-
nies;
Whereas areas leased as of March 2023 for offshore wind
turbines sit along established fishing grounds that gen-
erate 40 percent of the United States fisheries
$4,800,000,000 annual economic output, and provides
food for millions of Americans;
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•HRES 239 IH
Whereas commercial vessel traffic in the Atlantic region, par-
ticularly in Coast Guard Districts 1, 5, and 7, is vital to
the United States economy in that it serves major East
Coast ports by the safe, reliable, and energy-efficient
transportation of dry and liquid cargos;
Whereas the rerouting of such traffic to accommodate wind
lease sites is inefficient and poses a potential risk to the
safety of vessel traffic and marine species;
Whereas BOEM, in a draft environmental impact statement
(EIS) for the Ocean Wind 1 lease sale stated that the
presence of offshore wind turbine structures and related
radar interference could result in delays within or ap-
proaching ports, increase navigational complexity, and
create detours to offshore travel or port approaches;
Whereas requests from maritime stakeholders to increase the
width of transit lanes to a minimum of 2 nautical miles
to ensure safer transit through wind farms have been dis-
regarded;
Whereas a proposed alternative turbine layout with wider
transit lanes was rejected in a record of decision (ROD)
by the BOEM for the Vineyard Wind 1 offshore wind
project in part due to potential delays to the project that
would be inconsistent with timelines set in President
Biden’s Executive Order 14008;
Whereas such ROD stated that ‘‘the combination of the tech-
nical complexities and project delay would preclude [Vine-
yard Wind 1’s] ability to meet the current contractual ob-
ligations with Massachusetts distribution companies’’;
Whereas the contractual obligation refers to a power pur-
chase agreement between Vineyard Wind 1 and the State
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•HRES 239 IH
of Massachusetts, which was signed 2 years prior to the
ROD, and required 800 megawatts of energy output;
Whereas the required energy output prevents serious consid-
eration of alternative requests for wind farm layout and
number of turbines installed;
Whereas BOEM, in a draft EIS for the Ocean Wind 1 lease
sale off the coast of New Jersey, determined that the
proposed wind turbine structures would increase the risk
of vessel collisions, allisions, and spills which could result
in personal injury or loss of life;
Whereas the National Academies of Sciences, Engineering,
and Medicine determined that wind turbine generator in-
terference on marine vessel radar will lead to unforeseen
complications and degraded performance, causing loss of
radar contact that is particularly consequential when con-
ducting search and rescue operations in and adjacent to
offshore wind farms;
Whereas offshore wind farms will interfere with coastal high
frequency radar systems used for United States Coast
Guard (USCG) search and rescue operations;
Whereas existing port access route studies (PARS) related to
offshore wind do not properly examine potential radar in-
terference and the impact on navigation within and
around wind farms;
Whereas the USCG in its Areas Offshore of Massachusetts
and Rhode Island PARS determined that the potential
for offshore wind turbine interference with marine radar
is site specific and depends on factors including turbine
size, array layouts, number of turbines, construction ma-
terials, and vessel types;
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•HRES 239 IH
Whereas the National Academies of Sciences, Engineering,
and Medicine determined that wind turbine generator in-
terference decreases the effectiveness of marine vessel
radar mounted on all vessel classes and that the sizes of
anticipated offshore wind farms across the United States
Outer Continental Shelf at the scale of anticipated de-
ployment will exacerbate this situation;
Whereas the potential safety and maritime supply chain im-
pacts of navigational and radar interference related to
proposed offshore wind leases has not been duly evalu-
ated or mitigated;
Whereas the Department of Defense’s Offshore Wind Mission
Compatibility Assessment ruled much of the offshore east
coast a ‘‘wind exclusion zone’’, for defense and defense
training reasons;
Whereas, according to the Department of Defense, ARSR–4
primary long-range air surveillance radars would be ‘‘very
susceptible’’ to interference from wind turbines, and that
‘‘target tracking abilities decrease as turbine number,
size, and density increases’’;
Whereas the Department of Defense acknowledged in May
2019 that noise generated by offshore wind turbines dis-
turbs acoustically sensitive environments and may inter-
fere with offensive- and defensive-based military sensors,
and that currently there are no Department of Defense-
supported unclassified studies that have been conducted
regarding this topic; and
Whereas the National Aeronautics and Space Administra-
tion’s Wallops Flight Facility stated in 2022 that off-
shore wind farms built within wind exclusion zones could
potentially be flight obstructions, be impacted by falling
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•HRES 239 IH
debris from launches, and would impact the facility’s
ability to accept and expand new technologies: Now,
therefore, be it
Resolved, That it is the sense of the House of Rep-
1
resentatives that—
2
(1) the Atlantic coast offshore wind leases rep-
3
resent a transformative industrialization of vital en-
4
vironmental and maritime resources of the United
5
States;
6
(2) the potential impacts of this industrializa-
7
tion have not been duly evaluated or mitigated by
8
the responsible Federal agencies;
9
(3) Congress should—
10
(A) conduct investigations to determine the
11
true impacts of offshore wind development; and
12
(B) use the findings of such investigations
13
to develop legislation to mitigate potential nega-
14
tive environmental or economic impacts of off-
15
shore wind development; and
16
(4) leasing and construction of offshore wind
17
farms along the Atlantic coast should be put under
18
immediate moratorium until these investigations and
19
findings are presented to Congress and the public.
20
Æ
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