Safe Waters of Puerto Rico that Allow Study of Wind Energy

Statement

Date: Feb. 7, 2022
Location: Washington, DC
Issues: Energy

Resident Commissioner Jenniffer González Colón made the following statements about the Build Back Better bill:

"We do not know what interpretation was made in Puerto Rico on certain articles of the bill better known as Build Back Better, but we can gladly clarify what was approved. Part of my economic development agenda is to promote the diversification of energy sources. To those fines, I presented HR 1689, the Offshore Wind for Territories Act, bipartisan legislation that would authorize the Department of the Interior to study and, if feasible, carry out wind energy projects in federal waters adjacent to Puerto Rico and the rest of the territories. . The measure contains clear language stipulating that it would only apply to federal waters ("it will not include any area ceded by Congress to a territorial government for its administration") and requires consultations with the governors of the territories.

The Build Back Better Act passed by the federal House of Representatives incorporates a portion of my measure. Although the language is simpler, nowhere is it mentioned that power over the three (3) nautical leagues, equivalent to nine (9) nautical miles, which fall under state jurisdiction, would be taken away from Puerto Rico. Congress ceded the administration of these waters to the Government of Puerto Rico under Public Law 96-205 of March 12, 1980. Neither H.R. 1689, nor the Build Back Better Act contain language repealing this law.

The US Senate remains deadlocked on the Build Back Better Act, as West Virginia Senator Joe Manchin's position has not changed. However, I must point out that the Senate Energy and Natural Resources Committee, chaired by Manchin, published in December a revised portion of the bill with the issues that fall under his jurisdiction. The portion authorizing potential wind energy projects in federal waters adjacent to the territories contains similar language to my measure, clarifying that it would not impact state waters ("does not include any area ceded by Congress to a territorial government for administration").


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