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[House Report 113-7]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                      113-7

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              COLLINSVILLE RENEWABLE ENERGY PROMOTION ACT

                                _______
                                

February 4, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 316]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 316) to reinstate and transfer certain 
hydroelectric licenses and extend the deadline for commencement 
of construction of certain hydroelectric projects, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          PURPOSE AND SUMMARY

    H.R. 316, the ``Collinsville Renewable Energy Promotion 
Act,'' was introduced by Representative Elizabeth Esty on 
January 18, 2013. The purpose of H.R. 316 is to authorize the 
Federal Energy Regulatory Commission (FERC) to reinstate the 
terminated licenses for the Upper and Lower Collinsville Dams 
hydroelectric projects and to extend for two years after the 
date of any such reinstatement the date by which the licensee 
is required to commence construction, and, in the event that 
FERC reinstates the licenses, to require FERC to transfer such 
licenses to the town of Canton, Connecticut.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Upper and Lower Collinsville Dams on the Farmington 
River were built to provide hydroelectric power to an ax 
factory, which was shut down in 1966. The dams have not 
produced power since that time, but continue to block upstream 
fish passage.
    On February 23, 2001, FERC issued original licenses to 
Summit Hydropower to redevelop hydroelectric power capacity at 
these dams. The Upper Collinsville Dam project was to have a 
generation capacity of 373 kilowatts, while the Lower Dam was 
to have a capacity of 920 kilowatts. As part of this licensing 
process, an environmental assessment was completed. The 
licenses required Summit to commence project construction 
within two years from the issuance of the licenses.
    Section 13 of the Federal Power Act requires licensees to 
commence construction of hydroelectric projects within the time 
fixed in the license, which shall be no more than two years 
from the issuance of the license, and authorizes the Commission 
to issue one extension of the deadline, for no more than two 
years.
    On November 26, 2002, FERC granted Summit a two-year 
extension to commence project construction at both sites, 
moving the deadline to February 23, 2005. Because construction 
did not commence by that date, the Commission sent Summit a 
notice of probable termination of the licenses on November 2, 
2007. Summit did not respond to the notice. FERC terminated the 
licenses on December 4, 2007. Summit did not seek rehearing of 
the termination order.
    The town of Canton, Connecticut intends to proceed with the 
two hydroelectric projects that Summit originally had proposed. 
On January 9, 2009, FERC granted the town a preliminary permit 
to undertake the necessary feasibility studies. The town has 
stated that it intends to pursue Low Impact Hydropower 
Institute certification for the projects and to provide for 
fish passage.
    Identical legislation passed the House of Representatives 
in both the 111th and 112th Congresses as H.R. 4451 and H.R. 
5625, respectively. H.R. 4451 was agreed to in the House by 
voice vote, under suspension of the rules, on June 16, 2010. 
H.R. 5625 passed the House by voice vote, under suspension of 
the rules, on June 26, 2012.

                                HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on the legislation in the 113th Congress.

                        COMMITTEE CONSIDERATION

    On January 22, 2013, the Committee on Energy and Commerce 
met in open markup session. No amendments were offered during 
the markup, and the Committee ordered H.R. 316 favorably 
reported, by unanimous consent, to the House of 
Representatives.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There was no record votes taken in connection with ordering 
H.R. 316 reported. A motion by Mr. Upton to order H.R. 316 
reported to the House, without amendment, was agreed to by 
unanimous consent.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has made oversight 
findings that are reflected in this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    H.R. 316 authorizes FERC to reinstate the terminated 
licenses for the Upper and Lower Collinsville Dams 
hydroelectric projects and to extend for two years after the 
date of any such reinstatement the date by which the licensee 
is required to commence construction, and, in the event that 
FERC reinstates the licenses, to require FERC to transfer such 
licenses to the town of Canton, Connecticut.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
316, the ``Collinsville Renewable Energy Promotion Act,'' would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

      EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 316, the ``Collinsville Renewable Energy 
Promotion Act,'' contains no earmarks, limited tax benefits, or 
limited tariff benefits.

                        COMMITTEE COST ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                                  January 31, 2013.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 316, the 
Collinsville Renewable Energy Promotion Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 316--Collinsville Renewable Energy Promotion Act

    H.R. 316 would authorize the Federal Energy Regulatory 
Commission (FERC) to reinstate the licenses and extend the 
deadline for beginning construction of two hydroelectric 
projects (numbers 10822 and 10823) in Hartford County, 
Connecticut. The bill would direct FERC to update the 
environmental analyses associated with those projects and, if 
reinstated, transfer the licenses to the town of Canton, 
Connecticut.
    Based on information from FERC, CBO estimates that 
implementing H.R. 316 would have a small impact on the agency's 
workload. Because FERC recovers 100 percent of its costs 
through user fees, any change in its administrative costs would 
be offset by an equal change in fees that the commission 
charges. Therefore, the legislation's provisions would have no 
net budgetary impact. Because FERC's administrative costs are 
controlled through annual appropriation acts, enacting H.R. 316 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    H.R. 316 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                    DUPLICATION OF FEDERAL PROGRAMS

    No provision of H.R. 316 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    The Committee estimates that enacting H.R. 316 does not 
specifically direct the completion of any specific rule makings 
within the meaning of 5 U.S.C. 551.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1: Short title

    This section provides that the short title of the bill is 
the ``Collinsville Renewable Energy Promotion Act.''

Section 2: Reinstatement of expired licenses and extension of time to 
        commence construction of projects

    This section authorizes FERC to reinstate one or both of 
the terminated licenses for the Upper and Lower Collinsville 
Dams hydroelectric projects (numbered 10822 and 10823) and to 
extend for two years after the date on which either or each 
project is reinstated the time period by which the licensee is 
required to commence construction. Prior to taking such action, 
FERC is required to provide an opportunity for the submission 
of comments by interested persons, municipalities, and States 
and to consider any such comments that are timely submitted. 
The Committee intends that the terms ``persons,'' 
``municipalities,'' and ``States'' be given the same meaning as 
they are given under the Federal Power Act. The Committee 
intends that FERC may establish an appropriate deadline for the 
submission of such comments.

Section 3: Transfer of licenses to the town of Canton, Connecticut

    This section requires that, if, pursuant to section 2, FERC 
reinstates a license and extends the time period during which 
the licensee must commence construction, FERC shall transfer 
such license to the town of Canton, Connecticut.

Section 4: Environmental assessment

    This section requires FERC to complete an environmental 
assessment for the Upper and Lower Collinsville Dams 
hydroelectric projects not later than 180 days after the date 
of enactment of this Act, updating, to the extent necessary, 
the environmental analysis that was previously performed during 
the original FERC licensing of these projects. After a 30-day 
public comment period, FERC is required to consider the public 
comments on the environmental assessment and to incorporate 
terms and conditions in the reinstated licenses that the 
Commission determines are necessary based on the environment 
assessment and public comments.

Section 5: Deadline

    This section requires FERC to make a final decision under 
section 2 regarding the reinstatement of the licenses within 
270 days of the date of enactment of the Act. If FERC 
reinstates one or both of the licenses and extends the deadline 
for commencing construction, the transfer of the license or 
licenses to the town of Canton must also take place within 270 
days of the date of enactment of the Act.

Section 6: Protection of existing rights

    This section clarifies that nothing in this Act shall 
affect any valid license issued by FERC under section 4 of the 
Federal Power Act on or before the date of enactment of this 
Act or diminish or extinguish any existing rights under any 
such license.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                                  
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