§9115 Adjacent Coastal States

Summary

The Administrator must name any coastal State as an “adjacent coastal State” when an OTEC (ocean thermal energy conversion) project would be directly linked to that State by electric cable or pipeline, when any part of the project would sit in that State’s waters, or when a proposed plantship would operate in that State’s waters. If a State asks within 14 days after the project notice is published, the Administrator must also name it an adjacent coastal State if he finds the State faces as much or more risk to its coast as a State already required to be named, or if the project’s warm-water plume is likely to harm the temperature conditions needed near places that could be connected to that State; the Administrator must decide on such a request within 45 days of getting it. Within 5 days after a State is designated adjacent, the Administrator must send the Governor a full copy of the application. The Administrator cannot issue a license without consulting Governors of adjacent States that have an approved coastal zone management program. If a Governor does not reply by the 45th day after public hearings end, approval is treated as given. If the Governor says the project conflicts with the State program, the Administrator must add conditions to the license so it matches the program. States without an approved program and other interested States may still give their views and must be fully considered. Two or more States may make agreements or compacts, as long as they do not conflict with U.S. law or treaties, to apply for or transfer licenses and to set up joint agencies; such agreements are binding on the States without more approval from Congress.