National Dam and Hydropower Safety Improvements Act of 2021
Bill: H.R.2309 | Sponsor: Rep. Dingell, Debbie (D-MI)
Policy area: Water Resources Development

Summary:
National Dam and Hydropower Safety Improvements Act of 2021
This bill requires the Federal Energy Regulatory Commission (FERC) to take certain actions related to dam safety.
Specifically, FERC may issue a license for a dam and other project works only if the project meets the relevant safety requirements and the licensee can operate and manage the project works in a manner that ensures dam and public safety. A licensee with an already-issued license must also meet these safety requirements.
FERC must also establish procedures to assess the financial viability of an applicant for such a license.
Finally, the bill requires FERC's Office of Energy Projects to (1) notify a state in certain situations, such as when FERC issues a finding that requires a dam operator in that state to make repairs; and (2) hold a conference with states to discuss dam safety issues.

To improve dam and hydropower safety, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Dam and Hydropower Safety 
Improvements Act of 2021''.

SEC. 2. DAM SAFETY CONDITIONS.

    Section 10 of the Federal Power Act (16 U.S.C. 803) is amended by 
adding at the end the following:
    ``(k) That the dam and other project works meet the Commission's 
dam safety requirements and that the licensee shall continue to manage, 
operate, and maintain the dam and other project works in a manner that 
ensures dam safety and public safety under the operating conditions of 
the license.''.

SEC. 3. DAM SAFETY REQUIREMENTS.

    Section 15 of the Federal Power Act (16 U.S.C. 808) is amended by 
adding at the end the following:
    ``(g) The Commission may issue a new license under this section 
only if the Commission determines that the dam and other project works 
covered by the license meet the Commission's dam safety requirements 
and that the licensee can continue to manage, operate, and maintain the 
dam and other project works in a manner that ensures dam safety and 
public safety under the operating conditions of the new license.''.

SEC. 4. VIABILITY PROCEDURES.

    The Federal Energy Regulatory Commission shall establish procedures 
to assess the financial viability of an applicant for a license under 
the Federal Power Act (16 U.S.C. 791a et seq.) to--
            (1) meet applicable dam safety requirements; and
            (2) operate the dam and project works under the license.

SEC. 5. FERC DAM SAFETY TECHNICAL CONFERENCE WITH STATES.

    (a) Technical Conference.--Not later than April 1, 2022, the 
Federal Energy Regulatory Commission, acting through the Director of 
the Office of Energy Projects, shall hold a technical conference with 
the States to discuss and provide information on--
            (1) dam maintenance and repair;
            (2) Risk Informed Decision Making;
            (3) climate and hydrological regional changes that may 
        affect the structural integrity of dams; and
            (4) high hazard dams.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 2022.
    (c) State Defined.--In this section, the term ``State'' has the 
meaning given such term in section 3 of the Federal Power Act (16 
U.S.C. 796).

SEC. 6. REQUIRED DAM SAFETY COMMUNICATIONS BETWEEN FERC AND STATES.

    (a) In General.--The Commission, acting through the Director of the 
Office of Energy Projects, shall notify each State within which a 
project is located when--
            (1) the Commission issues a finding, following a dam safety 
        inspection, that requires the licensee for such project to take 
        actions to repair the dam and other project works that are the 
        subject of such finding;
            (2) after a period of 5 years starting on the date a 
        finding under paragraph (1) is issued, the licensee has failed 
        to take actions to repair the dam and other project works; and
            (3) the Commission initiates a non-compliance proceeding or 
        otherwise takes steps to revoke a license due to the failure of 
        a licensee to take actions to repair a dam and other project 
        works.
    (b) Notice Upon Revocation, Surrender, or Implied Surrender of a 
License.--If the Commission issues an order to revoke a license or 
approve the surrender or implied surrender of a license under the 
Federal Power Act (16 U.S.C. 792 et seq.), the Commission shall provide 
to the State within which the project that relates to such license is 
located--
            (1) all records pertaining to the structure and operation 
        of the applicable dam and other project works, including, as 
        applicable, any dam safety inspection reports by independent 
        consultants, specifications for required repairs or maintenance 
        of such dam and other project works that have not been 
        completed, and estimates of the costs for such repairs or 
        maintenance;
            (2) all records documenting the history of maintenance or 
        repair work for the applicable dam and other project works;
            (3) information on the age of the dam and other project 
        works and the hazard classification of the dam and other 
        project works;
            (4) the most recent assessment of the condition of the dam 
        and other project works by the Commission;
            (5) as applicable, the most recent hydrologic information 
        used to determine the potential maximum flood for the dam and 
        other project works; and
            (6) the results of the most recent risk assessment 
        completed on the dam and other project works.
    (c) Definition.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Licensee.--The term ``licensee'' has the meaning given 
        such term in section 3 of the Federal Power Act (16 U.S.C. 
        796).
            (3) Project.--The term ``project'' has the meaning given 
        such term in section 3 of the Federal Power Act (16 U.S.C. 
        796).
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