Promoting Closed-Loop Pumped Storage Hydropower Act

Bill: 115-hr-2880
Sponsor: full_name: Rep. Griffith, H. Morgan [R-VA-9]
Introduced: 2017-06-12
Policy area: Energy
Subjects: Alternative and renewable resources

Dams and canals

Electric power generation and transmission

Licensing and registrations

Water storage
Latest action: action_date: 2017-12-13
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2017-06-12
action_desc: Introduced in House
text: <p><b>Promoting Closed-Loop Pumped Storage Hydropower Act</b></p> <p>This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to issue and amend licenses and preliminary permits for closed-loop pumped storage projects (in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters, or that are not continuously connected to a naturally flowing water feature). </p> <p>Before issuing such a license, FERC must assess the safety of existing dams and other structures related to the project, including the possible consequences of project failures.</p>

action_date: 2017-12-11
action_desc: Reported to House with amendment(s)
text: <p><b>Promoting Closed-Loop Pumped Storage Hydropower Act</b></p> <p>This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to establish an expedited licensing process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects (in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters, or that are not continuously connected to a naturally flowing water feature).</p> <p>In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate closed-loop pumped storage projects.</p> <p>FERC must assess the safety of existing dams and other structures related to the project before issuing any license for a closed-loop storage project.</p> <p>FERC must hold a workshop to explore potential opportunities for development of storage projects at abandoned mine sites.</p> <p>FERC must also establish criteria that a project shall meet to qualify as a closed-loop pumped storage under this bill, including requiring that the project cause little to no change to existing surface and groundwater flows and uses and that the project is unlikely to adversely affect species listed as threatened or endangered under the Endangered Species Act of 1973.</p> <p>Licensees are not required to pay an annual charge for administrative expenses until construction commences.</p>

action_date: 2017-12-12
action_desc: Passed House amended
text: <p><b>Promoting Closed-Loop Pumped Storage Hydropower Act</b></p> <p>(Sec.2)This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to establish an expedited licensing process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects (in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters, or that are not continuously connected to a naturally flowing water feature).</p> <p>In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate closed-loop pumped storage projects.</p> <p>FERC must assess the safety of existing dams and other structures related to the project before issuing any license for a closed-loop storage project.</p> <p>FERC must hold a workshop to explore potential opportunities for development of storage projects at abandoned mine sites.</p> <p>FERC must also establish criteria that a project shall meet to qualify as a closed-loop pumped storage under this bill, including requiring that the project cause little to no change to existing surface and groundwater flows and uses and that the project is unlikely to adversely affect species listed as threatened or endangered under the Endangered Species Act of 1973.</p> <p>(Sec.3)Licensees are not required to pay an annual charge for administrative expenses until construction commences.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 2880 IN THE HOUSE OF REPRESENTATIVES June 12, 2017 Mr. Griffith introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Power Act to promote closed-loop pumped storage hydropower, and for other purposes.

1. Short title This Act may be cited as the Promoting Closed-Loop Pumped Storage Hydropower Act . 2. Closed-loop pumped storage projects Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Closed-loop pumped storage projects (a) Definitions In this section: (1) Closed-loop pumped storage project The term closed-loop pumped storage project means a project— (A) in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters; or (B) that is not continuously connected to a naturally flowing water feature. (2) Federal authorization The term Federal authorization — (A) means any authorization required under Federal law with respect to an application for a license, license amendment, or exemption under this part; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law to approve or implement the license, license amendment, or exemption under this part. (b) In general As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for closed-loop pumped storage projects. (c) Dam safety Before issuing any license for a closed-loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures). (d) License conditions With respect to a closed-loop pumped storage project, the authority of the Commission to impose conditions on a license under sections 4(e), 10(a), 10(g), and 10(j) shall not apply, and any condition included in or applicable to a closed-loop pumped storage project licensed under this section, including any condition or other requirement of a Federal authorization, shall be limited to those that are— (1) necessary to protect public safety; or (2) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources directly caused by the construction and operation of the project, as compared to the environmental baseline existing at the time the Commission completes its environmental review. (e) Transfers Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 7(a) when obtaining the permit, the Commission may, to facilitate development of a closed-loop pumped storage project— (1) add entities as joint permittees following issuance of a preliminary permit; and (2) transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality. .

tv_txt: IB 115th CONGRESS 1st Session H. R. 2880 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Federal Power Act to promote closed-loop pumped storage hydropower, and for other purposes.

1. Short title This Act may be cited as the Promoting Closed-Loop Pumped Storage Hydropower Act . 2. Closed-loop pumped storage projects Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Closed-loop pumped storage projects (a) Expedited licensing process for closed-Loop pumped storage projects (1) In general As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for closed-loop pumped storage projects. (2) Rule Not later than 180 days after the date of enactment of this section, the Commission shall issue a rule establishing an expedited process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects under this section. (3) Interagency Task Force In establishing the expedited process under this section, the Commission shall convene an interagency task force, with appropriate Federal and State agencies and Indian tribes represented, to coordinate the regulatory processes associated with the authorizations required to construct and operate closed-loop pumped storage projects. (4) Length of Process The Commission shall ensure that the expedited process under this section will result in final decision on an application for a license by not later than 2 years after receipt of a completed application for such license. (b) Dam safety Before issuing any license for a closed-loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures). (c) Exemptions from other requirements (1) In general In issuing or amending a license or preliminary permit pursuant to the expedited process established under this section, the Commission may grant an exemption from any other requirement of this part with respect to any part of the closed-loop pumped storage project (not including any dam or other impoundment). (2) Consultation In granting an exemption under paragraph (1), the Commission shall consult with the United States Fish and Wildlife Service and the State agency exercising administration over the fish and wildlife resources of the State in which the closed-loop pumped storage project is or will be located, in the manner provided by the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq.). (3) Terms and conditions In granting an exemption under paragraph (1), the Commission shall include in any such exemption— (A) such terms and conditions as the Fish and Wildlife Service, National Marine Fisheries Service, and the State agency described in paragraph (2) each determine are appropriate to prevent loss of, or damage to, fish and wildlife resources and to otherwise carry out the purposes of the Fish and Wildlife Coordination Act; and (B) such terms and conditions as the Commission deems appropriate to ensure that such closed-loop pumped storage project continues to comply with the provisions of this section and terms and conditions included in any such exemption. (4) Fees The Commission, in addition to the requirements of section 10(e), shall establish fees which shall be paid by an applicant for a license for a closed-loop pumped storage project that is required to meet terms and conditions set by fish and wildlife agencies under paragraph (3). Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in paragraph (3) for any reasonable costs incurred in connection with any studies or other reviews carried out by such agencies for purposes of compliance with this section. The fees shall, subject to annual appropriations Acts, be transferred to such agencies by the Commission for use solely for purposes of carrying out such studies and shall remain available until expended. (d) Transfers Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 7(a) when obtaining the permit, the Commission may, to facilitate development of a closed-loop pumped storage project— (1) add entities as joint permittees following issuance of a preliminary permit; and (2) transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality, if the municipality retains majority ownership of the project for which the license was issued. (e) Interagency communications Interagency cooperation in the preparation of environmental documents under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to an application for a license for a closed-loop pumped storage project submitted pursuant to this section, and interagency communications relating to licensing process coordination pursuant to this section, shall not— (1) be considered to be ex parte communications under Commission rules; or (2) preclude an agency from participating in a licensing proceeding under this part. (f) Developing abandoned mines for pumped storage (1) Workshop Not later than 6 months after the date of enactment of this section, the Commission shall hold a workshop to explore potential opportunities for development of closed-loop pumped storage projects at abandoned mine sites. (2) Guidance Not later than 1 year after the date of enactment of this section, the Commission shall issue guidance to assist applicants for licenses or preliminary permits for closed-loop pumped storage projects at abandoned mine sites. (g) Qualifying criteria for closed-Loop pumped storage projects (1) In general The Commission shall establish criteria that a pumped storage project shall meet in order to qualify as a closed-loop pumped storage project eligible for the expedited process established under this section. (2) Inclusions In establishing the criteria under paragraph (1), the Commission shall include criteria requiring that the pumped storage project— (A) cause little to no change to existing surface and groundwater flows and uses; and (B) is unlikely to adversely affect species listed as a threatened species or endangered species under the Endangered Species Act of 1973. . 3. Obligation for payment of annual charges Section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) ) is amended by adding at the end the following: (5) Any obligation of a licensee for payment of annual charges under this subsection shall commence when the construction of the applicable facility commences. .

Passed the House of Representatives December 12, 2017. Karen L. Haas, Clerk.

tv_txt: IIB 115th CONGRESS 1st Session H. R. 2880 IN THE SENATE OF THE UNITED STATES December 13, 2017 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Federal Power Act to promote closed-loop pumped storage hydropower, and for other purposes.

1. Short title This Act may be cited as the Promoting Closed-Loop Pumped Storage Hydropower Act . 2. Closed-loop pumped storage projects Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Closed-loop pumped storage projects (a) Expedited licensing process for closed-Loop pumped storage projects (1) In general As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for closed-loop pumped storage projects. (2) Rule Not later than 180 days after the date of enactment of this section, the Commission shall issue a rule establishing an expedited process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects under this section. (3) Interagency Task Force In establishing the expedited process under this section, the Commission shall convene an interagency task force, with appropriate Federal and State agencies and Indian tribes represented, to coordinate the regulatory processes associated with the authorizations required to construct and operate closed-loop pumped storage projects. (4) Length of Process The Commission shall ensure that the expedited process under this section will result in final decision on an application for a license by not later than 2 years after receipt of a completed application for such license. (b) Dam safety Before issuing any license for a closed-loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures). (c) Exemptions from other requirements (1) In general In issuing or amending a license or preliminary permit pursuant to the expedited process established under this section, the Commission may grant an exemption from any other requirement of this part with respect to any part of the closed-loop pumped storage project (not including any dam or other impoundment). (2) Consultation In granting an exemption under paragraph (1), the Commission shall consult with the United States Fish and Wildlife Service and the State agency exercising administration over the fish and wildlife resources of the State in which the closed-loop pumped storage project is or will be located, in the manner provided by the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq.). (3) Terms and conditions In granting an exemption under paragraph (1), the Commission shall include in any such exemption— (A) such terms and conditions as the Fish and Wildlife Service, National Marine Fisheries Service, and the State agency described in paragraph (2) each determine are appropriate to prevent loss of, or damage to, fish and wildlife resources and to otherwise carry out the purposes of the Fish and Wildlife Coordination Act; and (B) such terms and conditions as the Commission deems appropriate to ensure that such closed-loop pumped storage project continues to comply with the provisions of this section and terms and conditions included in any such exemption. (4) Fees The Commission, in addition to the requirements of section 10(e), shall establish fees which shall be paid by an applicant for a license for a closed-loop pumped storage project that is required to meet terms and conditions set by fish and wildlife agencies under paragraph (3). Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in paragraph (3) for any reasonable costs incurred in connection with any studies or other reviews carried out by such agencies for purposes of compliance with this section. The fees shall, subject to annual appropriations Acts, be transferred to such agencies by the Commission for use solely for purposes of carrying out such studies and shall remain available until expended. (d) Transfers Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 7(a) when obtaining the permit, the Commission may, to facilitate development of a closed-loop pumped storage project— (1) add entities as joint permittees following issuance of a preliminary permit; and (2) transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality, if the municipality retains majority ownership of the project for which the license was issued. (e) Interagency communications Interagency cooperation in the preparation of environmental documents under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to an application for a license for a closed-loop pumped storage project submitted pursuant to this section, and interagency communications relating to licensing process coordination pursuant to this section, shall not— (1) be considered to be ex parte communications under Commission rules; or (2) preclude an agency from participating in a licensing proceeding under this part. (f) Developing abandoned mines for pumped storage (1) Workshop Not later than 6 months after the date of enactment of this section, the Commission shall hold a workshop to explore potential opportunities for development of closed-loop pumped storage projects at abandoned mine sites. (2) Guidance Not later than 1 year after the date of enactment of this section, the Commission shall issue guidance to assist applicants for licenses or preliminary permits for closed-loop pumped storage projects at abandoned mine sites. (g) Qualifying criteria for closed-Loop pumped storage projects (1) In general The Commission shall establish criteria that a pumped storage project shall meet in order to qualify as a closed-loop pumped storage project eligible for the expedited process established under this section. (2) Inclusions In establishing the criteria under paragraph (1), the Commission shall include criteria requiring that the pumped storage project— (A) cause little to no change to existing surface and groundwater flows and uses; and (B) is unlikely to adversely affect species listed as a threatened species or endangered species under the Endangered Species Act of 1973. . 3. Obligation for payment of annual charges Section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) ) is amended by adding at the end the following: (5) Any obligation of a licensee for payment of annual charges under this subsection shall commence when the construction of the applicable facility commences. .

Passed the House of Representatives December 12, 2017. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 340 115th CONGRESS 1st Session H. R. 2880 [Report No. 115–458] IN THE HOUSE OF REPRESENTATIVES June 12, 2017 Mr. Griffith introduced the following bill; which was referred to the Committee on Energy and Commerce December 11, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on June 12, 2017 A BILL To amend the Federal Power Act to promote closed-loop pumped storage hydropower, and for other purposes.

1. Short title This Act may be cited as the Promoting Closed-Loop Pumped Storage Hydropower Act . 2. Closed-loop pumped storage projects Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Closed-loop pumped storage projects (a) Expedited licensing process for closed-loop pumped storage projects (1) In general As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for closed-loop pumped storage projects. (2) Rule Not later than 180 days after the date of enactment of this section, the Commission shall issue a rule establishing an expedited process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects under this section. (3) Interagency Task Force In establishing the expedited process under this section, the Commission shall convene an interagency task force, with appropriate Federal and State agencies and Indian tribes represented, to coordinate the regulatory processes associated with the authorizations required to construct and operate closed-loop pumped storage projects. (4) Length of Process The Commission shall ensure that the expedited process under this section will result in final decision on an application for a license by not later than 2 years after receipt of a completed application for such license. (b) Dam safety Before issuing any license for a closed-loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures). (c) Exemptions from other requirements (1) In general In issuing or amending a license or preliminary permit pursuant to the expedited process established under this section, the Commission may grant an exemption from any other requirement of this part with respect to any part of the closed-loop pumped storage project (not including any dam or other impoundment). (2) Consultation In granting an exemption under paragraph (1), the Commission shall consult with the United States Fish and Wildlife Service and the State agency exercising administration over the fish and wildlife resources of the State in which the closed-loop pumped storage project is or will be located, in the manner provided by the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq.). (3) Terms and conditions In granting an exemption under paragraph (1), the Commission shall include in any such exemption— (A) such terms and conditions as the Fish and Wildlife Service, National Marine Fisheries Service, and the State agency described in paragraph (2) each determine are appropriate to prevent loss of, or damage to, fish and wildlife resources and to otherwise carry out the purposes of the Fish and Wildlife Coordination Act; and (B) such terms and conditions as the Commission deems appropriate to ensure that such closed-loop pumped storage project continues to comply with the provisions of this section and terms and conditions included in any such exemption. (4) Fees The Commission, in addition to the requirements of section 10(e), shall establish fees which shall be paid by an applicant for a license for a closed-loop pumped storage project that is required to meet terms and conditions set by fish and wildlife agencies under paragraph (3). Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in paragraph (3) for any reasonable costs incurred in connection with any studies or other reviews carried out by such agencies for purposes of compliance with this section. The fees shall, subject to annual appropriations Acts, be transferred to such agencies by the Commission for use solely for purposes of carrying out such studies and shall remain available until expended. (d) Transfers Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 7(a) when obtaining the permit, the Commission may, to facilitate development of a closed-loop pumped storage project— (1) add entities as joint permittees following issuance of a preliminary permit; and (2) transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality, if the municipality retains majority ownership of the project for which the license was issued. (e) Interagency communications Interagency cooperation in the preparation of environmental documents under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to an application for a license for a closed-loop pumped storage project submitted pursuant to this section, and interagency communications relating to licensing process coordination pursuant to this section, shall not— (1) be considered to be ex parte communications under Commission rules; or (2) preclude an agency from participating in a licensing proceeding under this part. (f) Developing abandoned mines for pumped storage (1) Workshop Not later than 6 months after the date of enactment of this section, the Commission shall hold a workshop to explore potential opportunities for development of closed-loop pumped storage projects at abandoned mine sites. (2) Guidance Not later than 1 year after the date of enactment of this section, the Commission shall issue guidance to assist applicants for licenses or preliminary permits for closed-loop pumped storage projects at abandoned mine sites. (g) Qualifying criteria for closed-loop pumped storage projects (1) In general The Commission shall establish criteria that a pumped storage project shall meet in order to qualify as a closed-loop pumped storage project eligible for the expedited process established under this section. (2) Inclusions In establishing the criteria under paragraph (1), the Commission shall include criteria requiring that the pumped storage project— (A) cause little to no change to existing surface and groundwater flows and uses; and (B) is unlikely to adversely affect species listed as a threatened species or endangered species under the Endangered Species Act of 1973. . 3. Obligation for payment of annual charges Section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) ) is amended by adding at the end the following: (5) Any obligation of a licensee for payment of annual charges under this subsection shall commence when the construction of the applicable facility commences. .

December 11, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed