II 

Calendar No. 184 

116TH CONGRESS 

1ST SESSION S. 859 

[Report No. 116–81] 

To amend the Energy Policy Act of 2005 to reauthorize hydroelectric production incentives and hydroelectric efficiency improvement incentives, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2019 

Mr. GARDNER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

SEPTEMBER 10, 2019 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Energy Policy Act of 2005 to reauthorize 

hydroelectric production incentives and hydroelectric efficiency improvement incentives, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reliable Investment 

3 in Vital Energy Reauthorization Act’’ or the ‘‘RIVER 

4 Act’’. 

5 SEC. 2. HYDROELECTRIC PRODUCTION INCENTIVES AND 

6 EFFICIENCY IMPROVEMENTS. 

7 (a) HYDROELECTRIC PRODUCTION INCENTIVES.— 

8 Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 

9 15881) is amended— 

10 (1) in subsection (c), by striking ‘‘10’’ and in11 serting ‘‘22’’; 

12 (2) in subsection (e)(2), by striking ‘‘section 

13 29(d)(2)(B)’’ and inserting ‘‘section 45K(d)(2)(B)’’; 

14 (3) in subsection (f), by striking ‘‘20’’ and in15 serting ‘‘32’’; and 

16 (4) in subsection (g), by striking ‘‘each of the 

17 fiscal years 2006 through 2015’’ and inserting ‘‘each 

18 of fiscal years 2019 through 2036’’. 

19 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 

20 Section 243(c) of the Energy Policy Act of 2005 (42 

21 U.S.C. 15882(c)) is amended by striking ‘‘each of the fis22 cal years 2006 through 2015’’ and inserting ‘‘each of fis23 cal years 2019 through 2036’’. 

24 SECTION 1. SHORT TITLE. 

25 This Act may be cited as the ‘‘Reliable Investment in 

26 Vital Energy Reauthorization Act’’ or the ‘‘RIVER Act’’. 


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1 SEC. 2. HYDROELECTRIC PRODUCTION INCENTIVES AND 

2 EFFICIENCY IMPROVEMENTS. 

3 (a) HYDROELECTRIC PRODUCTION INCENTIVES.—Sec4 tion 242 of the Energy Policy Act of 2005 (42 U.S.C. 

5 15881) is amended— 

6 (1) in subsection (b), by striking paragraph (1) 

7 and inserting the following: 

8 ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.— 

9 The term ‘qualified hydroelectric facility’ means a 

10 turbine or other generating device owned or solely op11 erated by a non-Federal entity— 

12 ‘‘(A) that generates hydroelectric energy for 

13 sale; and 

14 ‘‘(B)(i) that is added to an existing dam or 

15 conduit; or 

16 ‘‘(ii)(I) that has a generating capacity of 

17 not more than 10 megawatts; 

18 ‘‘(II) for which the non-Federal entity has 

19 received a construction authorization from the 

20 Federal Energy Regulatory Commission, if ap21 plicable; and 

22 ‘‘(III) that is constructed in a region in 

23 which there is inadequate electric service, as de24 termined by the Secretary.’’; 

25 (2) in subsection (c), by striking ‘‘10’’ and in26 serting ‘‘22’’; 


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1 (3) in subsection (e)(2), by striking ‘‘section 

2 29(d)(2)(B)’’ and inserting ‘‘section 45K(d)(2)(B)’’; 

3 (4) in subsection (f), by striking ‘‘20’’ and in4 serting ‘‘32’’; and 

5 (5) in subsection (g), by striking ‘‘each of the fis6 cal years 2006 through 2015’’ and inserting ‘‘each of 

7 fiscal years 2019 through 2036’’. 

8 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 

9 Section 243(c) of the Energy Policy Act of 2005 (42 U.S.C. 

10 15882(c)) is amended by striking ‘‘each of the fiscal years 

11 2006 through 2015’’ and inserting ‘‘each of fiscal years 

12 2019 through 2036’’. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 184 

116TH CONGRESS 

1ST SESSION S. 859 

[Report No. 116–81] 

A BILL 

To amend the Energy Policy Act of 2005 to reauand for other purposes. hydroelectric efficiency improvement incentives, thorize hydroelectric production incentives and 

SEPTEMBER 10, 2019 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS