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Congre &ionaI fles
hnfarming Ih  leg ilive deba


3rch  Service
since 1914


                                                                                               September  12, 2023

Vessel Construction for Offshore Wind Power Generation


introduction
The Biden Administration's goal of having 30 gigawatts of
offshore wind power generation installed by 2030 will
require construction of at least 2,100 wind turbines,
according to the Department of Energy (DOE). Seven
turbines are currently operating in state and federal waters.
Construction of two additional offshore wind farms started
in summer 2023  and another is to begin construction later in
2023. This activity is taking place in coastal waters from
Virginia to Massachusetts. More construction projects are
planned for other coastal areas, though project cost
inflation, including higher interest rates, is prompting
reevaluation of some installations.

To construct and maintain offshore wind turbines, a number
of different vessel types are needed. Many of these vessels
must be built in the United States pursuant to a 1920 law
commonly  known  as the Jones Act (P.L. 66-261). Vessel
construction is underway. Several smaller and simpler
vessels have been built, but the larger, more complicated
vessels can take three to four years to complete. Without
more domestic shipbuilding activity for these larger, more
complicated vessels, DOE estimates that about half of
planned offshore wind projects will be delayed beyond
2030. In addition to reconsidering the 1920 import ban of
foreign-built vessels, Congress can influence vessel cost
and availability through existing loan, grant, and tax shelter
programs provided to domestic shipbuilders.

Shipbuilding Needs and Activity
News  reports indicate that about 25-30 vessels for offshore
wind have been recently delivered, are under construction,
or are on order from U.S. shipyards. The most sophisticated
and complicated vessel needed for offshore wind energy
production is the wind turbine installation vessel (WTIV), a
vessel with a large crane that installs the various segments
of a turbine. The vessels have jack up legs, legs attached
to the hull that can be retracted and extended to the sea bed
so that they essentially become fixed platforms when
turbine construction is underway. The one WTIV currently
under construction in the United States is planned at 472
feet in length, accommodating over 100 workers. It is being
built in Brownsville, TX, and is expected to be ready for
sea trials in 2024.

WTIVs  do not necessarily have to be built in the United
States if they perform strictly construction and do not
transport merchandise or passengers on the U.S. outer
continental shelf. The Jones Act requirement for U.S.-built
vessels applies specifically to the coastwise (domestic)
transportation of merchandise or passengers between any
two U.S. points. Under the interpretation of Customs and
Border Protection (CBP), the agency responsible for
enforcing the Jones Act, as long as a WTIV remains


stationary during construction and does not transport
merchandise or passengers as it moves from one turbine to
the next, it can be foreign-built.

A U.S.-built WTIV would  be required if it were to transport
wind turbine components from a U.S. port to an offshore
construction site. While this could be the most efficient
option, logistically, given the expense and time required to
build a Jones Act compliant WTIV, other options used by
U.S. developers have been to transport turbine components
from a more distant foreign port (e.g., in Canada) or to use
U.S.-built barges to transport components out to a
stationary WTIV. However, the barge-to-WTIV  scenario
may  run contrary to the objectives of U.S. maritime policy
such as the Jones Act: ships for overseas deployment in
time of war and a fleet of the best-equipped, safest, and
most suitable types of vessels constructed in the United
States. The Offshore Marine Service Association (OMSA)
representing U.S.-built vessel owners has deployed the
vessel Jones Act Enforcer to patrol wind farm construction
sites, film any Jones Act violations (such as foreign WTIVs
engaging in transportation), and submit any evidence to
CBP.

DOE  estimates that the United States needs four to six
WTIVs   to meet its wind-generation goals; there are no
reports of a U.S. shipyard constructing a second WTIV (one
order was cancelled). DOE also estimates the United States
needs four to six general purpose heavy-lift vessels, similar
in design to WTIVs.

Before a turbine is built, seafloor scouring around its base is
prevented with a ring of rocks. This requires a rock
installation vessel with a fallpipe to arrange the rocks on
the seafloor. Construction of a rock installation vessel
began at a Wisconsin shipyard in July 2023, with delivery
expected in the mid-2020s. A second such vessel is needed,
according to DOE, but no domestic construction plans have
been announced.

Demonstrating that the Jones Act's applicability can be case
specific, CBP has ruled that the initial trip of a fallpipe
vessel need not be Jones Act compliant because the pristine
seabed is not a U.S. point, but subsequent deliveries would
have to comply with the act. That a pristine seabed is not
a U.S. point is being challenged in court by OMSA and the
Shipbuilders Council of America (SCA).

A service operation vessel (SOV) is a floating hotel for
construction workers as well as a workshop and storage
facility for spare parts. Since these vessels are engaged in
transporting merchandise and passengers from a U.S. shore
point to a wind farm, under the Jones Act they must be
U.S.-built. Two SOVs are being constructed at Gulf Coast


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