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Home Hot Topic Offshore wind development hampered by obscure law

Offshore wind development hampered by obscure law

by Celia

Maine’s Sears Island has been officially designated as the preferred site for assembling massive offshore wind turbines, marking a significant step forward in the state’s pursuit of a renewable energy hub. Governor Janet Mills announced the decision, highlighting the potential for Maine to gain an advantage in the emerging floating offshore wind market.

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The state aims to expedite the process, anticipating that the permitting phase will take approximately a year. If all progresses according to plan, construction on the port, which is expected to surpass the size of Bath Iron Works, could be completed by 2030.

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With the Biden Administration setting ambitious goals for offshore wind, including installing 30 gigawatts by 2030, there is a growing demand for specialized vessels and equipment. However, an obscure provision of the Merchant Marine Act of 1920, commonly known as the Jones Act, poses a challenge to the installation of offshore wind turbines in the U.S.

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The Jones Act mandates that goods transported between U.S. ports must be carried on vessels built in American shipyards, registered in the U.S., and crewed and owned by U.S. citizens. Customs and Border Protection enforces this law, extending its reach to devices installed on the seafloor up to 200 nautical miles offshore, which includes offshore wind turbines.

Assembling these turbines at sea requires specialized equipment such as wind turbine installation vessels (WTIVs) and heavy lift vessels, none of which currently meet Jones Act requirements. This limitation has forced developers to find alternative solutions, often resulting in increased costs and delays.

While the Department of Energy estimates that the U.S. will need several Jones Act-compliant WTIVs and heavy lift ships to meet its offshore wind goals, the construction of such vessels is expensive and complex. Only a handful of WTIVs exist globally, and efforts to repurpose existing ships to meet the requirements are underway.

Supporters of the Jones Act argue that it protects the country’s shipbuilding industry and maritime labor force, while detractors contend that it hinders efficiency and raises costs. Despite calls for waivers in specific circumstances, the bipartisan support for the Jones Act suggests that it will remain a fixture of U.S. maritime policy for the foreseeable future.

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