Hydropower Regulatory Efficiency Act of 2013

Bill: 113-hr-267
Sponsor: Rep. McMorris Rodgers, Cathy [R-WA-5]
Introduced: 2013-01-15 in the House
Policy area: Water Resources Development
Subjects: Administrative law and regulatory procedures
Administrative remedies
Alternative and renewable resources
Congressional oversight
Dams and canals
Department of Energy
Electric power generation and transmission
Federal Energy Regulatory Commission (FERC)
Government studies and investigations
Licensing and registrations
Water storage
Water use and supply

Summary:
action_date: 2013-01-15
text: 
Hydropower Regulatory Efficiency Act of 2013 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
 
 Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements.
 
 Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria.
 
Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of 5 megawatts, and (3) is not currently licensed or exempted from license requirements.
 
 Redefines &quot;conduit&quot; to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
 
Authorizes FERC to: (1) exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer; and (2) extend the preliminary permit period for up to 2 additional years beyond the 3 years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence.
 
 Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
 
Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.

action_date: 2013-02-04
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Hydropower Regulatory Efficiency Act of 2013 - (Sec. 3) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
 
 (Sec. 4) Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements.
 
 Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria.
 
Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of 5 megawatts, and (3) is not currently licensed or exempted from license requirements.
 
 Redefines &quot;conduit&quot; to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
 
Authorizes FERC to: (1) exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer; and (2) extend the preliminary permit period for up to 2 additional years beyond the 3 years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence.
 
 (Sec. 6) Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
 
(Sec. 7) Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.

action_date: 2013-02-13
text: 

(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)

 
Hydropower Regulatory Efficiency Act of 2013 - (Sec. 3) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
 
 (Sec. 4) Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements.
 
 Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria.
 
Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of 5 megawatts, and (3) is not currently licensed or exempted from license requirements.
 
 Redefines &quot;conduit&quot; to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
 
Authorizes FERC to: (1) exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer; and (2) extend the preliminary permit period for up to 2 additional years beyond the 3 years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence.
 
 (Sec. 6) Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
 
(Sec. 7) Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.

action_date: 2013-05-13
text: 

(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)

 
Hydropower Regulatory Efficiency Act of 2013 - (Sec. 3) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
 
 (Sec. 4) Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements.
 
 Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria.
 
Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of 5 megawatts, and (3) is not currently licensed or exempted from license requirements.
 
 Redefines &quot;conduit&quot; to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
 
Authorizes FERC to: (1) exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer; and (2) extend the preliminary permit period for up to 2 additional years beyond the 3 years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence.
 
 (Sec. 6) Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
 
(Sec. 7) Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.

action_date: 2013-08-01
text: 

(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)

 
Hydropower Regulatory Efficiency Act of 2013 - (Sec. 3) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
 
 (Sec. 4) Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements.
 
 Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria.
 
Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of 5 megawatts, and (3) is not currently licensed or exempted from license requirements.
 
 Redefines &quot;conduit&quot; to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
 
Authorizes FERC to: (1) exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer; and (2) extend the preliminary permit period for up to 2 additional years beyond the 3 years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence.
 
 (Sec. 6) Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
 
(Sec. 7) Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.

action_date: 2013-08-09
text: 

(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)

 
Hydropower Regulatory Efficiency Act of 2013 - (Sec. 3) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
 
 (Sec. 4) Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements.
 
 Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria.
 
Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of 5 megawatts, and (3) is not currently licensed or exempted from license requirements.
 
 Redefines &quot;conduit&quot; to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
 
Authorizes FERC to: (1) exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer; and (2) extend the preliminary permit period for up to 2 additional years beyond the 3 years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence.
 
 (Sec. 6) Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
 
(Sec. 7) Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.


Legislative actions:
action_date: 2013-08-09
text: Became Public Law No: 113-23.
action_date: 2013-08-09
text: Became Public Law No: 113-23.
action_date: 2013-08-09
text: Signed by President.
action_date: 2013-08-09
text: Signed by President.
action_date: 2013-08-06
text: Presented to President.
action_date: 2013-08-06
text: Presented to President.
action_date: 2013-08-02
text: Message on Senate action sent to the House.
action_date: 2013-08-01
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S6257)
action_date: 2013-08-01
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S6257)
action_date: 2013-06-03
text: By Senator Wyden from Committee on Energy and Natural Resources filed written report. Report No. 113-38.
action_date: 2013-06-03
text: By Senator Wyden from Committee on Energy and Natural Resources filed written report. Report No. 113-38.
action_date: 2013-05-13
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 71.
action_date: 2013-05-13
text: Committee on Energy and Natural Resources. Reported by Senator Wyden without amendment. Without written report.
action_date: 2013-05-13
text: Committee on Energy and Natural Resources. Reported by Senator Wyden without amendment. Without written report.
action_date: 2013-05-08
text: Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
action_date: 2013-04-23
text: Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 113-24.
action_date: 2013-02-14
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2013-02-13
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2013-02-13
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 422 - 0 (Roll no. 40). (text: CR 2/12/2013 H439-440)
action_date: 2013-02-13
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 422 - 0 (Roll no. 40).(text: CR 2/12/2013 H439-440)
action_date: 2013-02-13
text: Considered as unfinished business. (consideration: CR H481)
action_date: 2013-02-12
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2013-02-12
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 267.
action_date: 2013-02-12
text: Considered under suspension of the rules. (consideration: CR H439-441)
action_date: 2013-02-12
text: Mr. Whitfield moved to suspend the rules and pass the bill.
action_date: 2013-02-04
text: Placed on the Union Calendar, Calendar No. 4.
action_date: 2013-02-04
text: Reported by the Committee on Energy and Commerce. H. Rept. 113-6.
action_date: 2013-02-04
text: Reported by the Committee on Energy and Commerce. H. Rept. 113-6.
action_date: 2013-01-18
text: Referred to the Subcommittee on Energy and Power.
action_date: 2013-01-15
text: Referred to the House Committee on Energy and Commerce.
action_date: 2013-01-15
text: Introduced in House
action_date: 2013-01-15
text: Introduced in House

Enacted as: number: 113-23