President Luiz Inácio Lula da Silva sanctioned Bill No. 576, of 2021, which deals with the use of electrical energy generation at sea, known as offshore. The law establishes guidelines for the use of energy generation in areas under the Union’s control, such as the territorial sea, the exclusive economic zone and the continental shelf.
Among other points, the text determines that offshore energy exploration will take place through authorization or concession contracts.
It will be up to the Executive Branch to define the locations to receive offshore energy generation activities, called prisms. According to the text, the assignment can occur through a permanent offer or a planned offer.
In the first case, the public authorities define areas for exploration based on requests from interested parties, in the form of authorization. In the planned offer, the public authorities define the exploration areas according to the planning of the competent body. They are put on offer through bidding, in the form of a concession.
The revenue generated, from signature bonuses, occupancy rates and proportional participation in the energy produced, will be distributed between the Union, states and municipalities, with investments, primarily, destined for research, technological innovation and sustainable development.
The law also states that the generation of this type of energy at sea must have as its principles the development of new technologies to enable the reduction of carbon emissions during energy production, such as in the extraction of hydrogen; local and regional development, preferably with investment in infrastructure and national industry, with actions that reduce inequality and promote social inclusion and diversity.
The text determines the need for free, prior and informed consultation with the people and communities affected by the offshore project and establishes requirements for the decommissioning of projects and the restoration of explored areas.
Veto
The president vetoed part of the project that determined the contracting of incentives for the production of energy generated from natural gas and mineral coal and the extension of contracts for coal-fired thermal plants and PCHs (Small Hydroelectric Plants). The so-called tortoise was included in the project during its processing in the Chamber of Deputies.
