Promoting Hydropower Development at Existing Nonpowered Dams Act

Bill: 115-hr-2872
Sponsor: full_name: Rep. Bucshon, Larry [R-IN-8]
Introduced: 2017-06-12
Policy area: Energy
Subjects: Alternative and renewable resources

Dams and canals

Electric power generation and transmission

Environmental assessment, monitoring, research

Floods and storm protection

Government information and archives

Government studies and investigations

Licensing and registrations

User charges and fees

Water use and supply
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 Hydropower Development at Existing Nonpowered Dams Act</b></p> <p>This bill amends the Federal Power Act (FPA)to authorize the Federal Energy Regulatory Commission (FERC) to exempt from FPA license requirements any qualifying facility (a facility that meets criteria specified in this bill). </p> <p>No federal authorization required for a qualifying facility may include any condition or other requirement that results in any material change to the storage, control, withdrawal, diversion, release, or flow operations of the associated qualifying nonpowered dam. </p> <p> Unless FERC determines that its obligations under the National Environmental Policy Act of 1969 for granting exemptions under this bill can be met through a categorical exclusion, its environmental review of a proposed exemption shall be only an environmental assessment. </p>

action_date: 2017-12-12
action_desc: Passed House amended
text: <p><b>Promoting Hydropower Development at Existing Nonpowered Dams 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 any qualifying facility as defined by this bill.</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 a qualifying facility.</p> <p>FERC must assess the safety of existing non-federal dams and other non-federal structures related to the qualifying facility before issuing any license for a qualifying facility.</p> <p>FERC must coordinate with the Department of the Army, Department of the Interior and the Department of Agriculture to jointly develop a list of existing nonpowered federal dams that have the greatest potential for non-federal hydropower development.</p> <p>(Sec.3)Licensees of a qualifying facility are not required to pay an annual charge for administrative expenses until construction commences.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 2872 IN THE HOUSE OF REPRESENTATIVES June 12, 2017 Mr. Bucshon introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Power Act to promote hydropower development at existing nonpowered dams, and for other purposes.

1. Short title This Act may be cited as the Promoting Hydropower Development at Existing Nonpowered Dams Act . 2. Promoting hydropower development at existing nonpowered dams Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Promoting hydropower development at existing nonpowered dams (a) Exemptions for qualifying facilities (1) Exemption qualifications Subject to the requirements of this subsection, the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility the Commission determines is a qualifying facility. (2) Consultation with Federal and State agencies In granting any exemption under this subsection, the Commission shall consult with— (A) the United States Fish and Wildlife Service, the National Marine Fisheries Service, and the State agency exercising administrative control over the fish and wildlife resources of the State in which the facility will be located, in the manner provided by the Fish and Wildlife Coordination Act; (B) any Federal department supervising any public lands or reservations occupied by the project; and (C) any Indian tribe affected by the project. (3) Exemption conditions (A) In general The Commission shall include in any exemption granted under this subsection only such terms and conditions that the Commission determines are— (i) necessary to protect public safety; or (ii) 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 qualifying facility, as compared to the environmental baseline existing at the time the Commission grants the exemption. (B) No changes to release regime No Federal authorization required with respect to a qualifying facility, including an exemption granted by the Commission under this subsection, may include any condition or other requirement that results in any material change to the storage, control, withdrawal, diversion, release, or flow operations of the associated qualifying nonpowered dam. (4) Environmental review The Commission’s environmental review under the National Environmental Policy Act of 1969 of a proposed exemption under this subsection shall consist only of an environmental assessment, unless the Commission determines, by rule or order, that the Commission’s obligations under such Act for granting exemptions under this subsection can be met through a categorical exclusion. (5) Violation of terms of exemption Any violation of a term or condition of any exemption granted under this subsection shall be treated as a violation of a rule or order of the Commission under this Act. (6) Annual charges for enhancement activities Exemptees under this subsection for any facility located at a non-Federal dam shall pay to the United States reasonable annual charges in an amount to be fixed by the Commission for the purpose of funding environmental enhancement projects in watersheds in which facilities exempted under this subsection are located. Such annual charges shall be equivalent to the annual charges for use of a Government dam under section 10(e), unless the Commission determines, by rule, that a lower charge is appropriate to protect exemptees’ investment in the project or avoid increasing the price to consumers of power due to such charges. The proceeds of charges made by the Commission under this paragraph shall be paid into the Treasury of the United States and credited to miscellaneous receipts. Subject to annual appropriation Acts, such proceeds shall be available to Federal and State fish and wildlife agencies for purposes of carrying out specific environmental enhancement projects in watersheds in which one or more facilities exempted under this subsection are located. Not later than 180 days after the date of enactment of this section, the Commission shall establish rules, after notice and opportunity for public comment, for the collection and administration of annual charges under this paragraph. (7) Effect of jurisdiction The jurisdiction of the Commission over any qualifying facility exempted under this subsection shall extend only to the qualifying facility exempted and any associated primary transmission line, and shall not extend to any conduit, dam, impoundment, shoreline or other land, or any other project work associated with the qualifying facility exempted under this subsection. (b) Definitions For purposes of this section: (1) 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. (2) Qualifying criteria The term qualifying criteria means, with respect to a facility— (A) as of the date of enactment of this section, the facility is not licensed under, or exempted from the license requirements contained in, this part; (B) the facility will be associated with a qualifying nonpowered dam; (C) the facility will be constructed, operated, and maintained for the generation of electric power; (D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and (E) the operation of the facility will not result in any material change to the storage, control, withdrawal, diversion, release, or flow operations of the associated qualifying nonpowered dam. (3) Qualifying facility The term qualifying facility means a facility that is determined under this section to meet the qualifying criteria. (4) Qualifying nonpowered dam The term qualifying nonpowered dam means any dam, dike, embankment, or other barrier— (A) the construction of which was completed on or before the date of enactment of this section; (B) that is operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, or flood control purposes; (C) that, as of the date of enactment of this section, is not equipped with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part; and (D) that, in the case of a non-Federal dam, has been certified by an independent consultant approved by the Commission as complying with the Commission’s dam safety requirements. .

tv_txt: I 115th CONGRESS 1st Session H. R. 2872 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Federal Power Act to promote hydropower development at existing nonpowered dams, and for other purposes.

1. Short title This Act may be cited as the Promoting Hydropower Development at Existing Nonpowered Dams Act . 2. Promoting hydropower development at existing nonpowered dams Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Promoting hydropower development at existing nonpowered dams (a) Expedited licensing process for non-Federal hydropower projects at existing nonpowered dams (1) In general As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for any facility the Commission determines is a qualifying facility. (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 qualifying facilities 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 a qualifying facility. (4) Length of Process The Commission shall ensure that the expedited process under this section will result in a final decision on an application for a license by not later than 2 years after receipt of a completed application for the license. (b) Dam safety (1) Assessment Before issuing any license for a qualifying facility, the Commission shall assess the safety of existing non-Federal dams and other non-Federal structures related to the qualifying facility (including possible consequences associated with failure of such structures). (2) Requirements In issuing any license for a qualifying facility, the Commission shall ensure that the Commission’s dam safety requirements apply to such qualifying facility, and the associated qualifying nonpowered dam, over the term of such license. (c) 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 qualifying facility under 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. (d) Identification of nonpowered dams for hydropower development (1) In general Not later than 12 months after the date of enactment of this section, the Commission, with the Secretary of the Army, the Secretary of the Interior, and the Secretary of Agriculture, shall jointly develop a list of existing nonpowered Federal dams that the Commission and the Secretaries agree have the greatest potential for non-Federal hydropower development. (2) Considerations In developing the list under paragraph (1), the Commission and the Secretaries may consider the following: (A) The compatibility of hydropower generation with existing purposes of the dam. (B) The proximity of the dam to existing transmission resources. (C) The existence of studies to characterize environmental, cultural, and historic resources relating to the dam. (D) The effects of hydropower development on release or flow operations of the dam. (3) Availability The Commission shall— (A) provide the list developed under paragraph (1) to— (i) the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources, of the House of Representatives; and (ii) the Committee on Environment and Public Works, and the Committee on Energy and Natural Resources, of the Senate; and (B) make such list available to the public. (e) Definitions For purposes of this section: (1) Qualifying criteria The term qualifying criteria means, with respect to a facility— (A) as of the date of enactment of this section, the facility is not licensed under, or exempted from the license requirements contained in, this part; (B) the facility will be associated with a qualifying nonpowered dam; (C) the facility will be constructed, operated, and maintained for the generation of electric power; (D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and (E) the operation of the facility will not result in any material change to the storage, release, or flow operations of the associated qualifying nonpowered dam. (2) Qualifying facility The term qualifying facility means a facility that is determined under this section to meet the qualifying criteria. (3) Qualifying nonpowered dam The term qualifying nonpowered dam means any dam, dike, embankment, or other barrier— (A) the construction of which was completed on or before the date of enactment of this section; (B) that is or was operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, drinking water, or flood control purposes; and (C) that, as of the date of enactment of this section, is not generating electricity with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part. . 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. 2872 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 hydropower development at existing nonpowered dams, and for other purposes.

1. Short title This Act may be cited as the Promoting Hydropower Development at Existing Nonpowered Dams Act . 2. Promoting hydropower development at existing nonpowered dams Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Promoting hydropower development at existing nonpowered dams (a) Expedited licensing process for non-Federal hydropower projects at existing nonpowered dams (1) In general As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for any facility the Commission determines is a qualifying facility. (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 qualifying facilities 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 a qualifying facility. (4) Length of Process The Commission shall ensure that the expedited process under this section will result in a final decision on an application for a license by not later than 2 years after receipt of a completed application for the license. (b) Dam safety (1) Assessment Before issuing any license for a qualifying facility, the Commission shall assess the safety of existing non-Federal dams and other non-Federal structures related to the qualifying facility (including possible consequences associated with failure of such structures). (2) Requirements In issuing any license for a qualifying facility, the Commission shall ensure that the Commission’s dam safety requirements apply to such qualifying facility, and the associated qualifying nonpowered dam, over the term of such license. (c) 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 qualifying facility under 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. (d) Identification of nonpowered dams for hydropower development (1) In general Not later than 12 months after the date of enactment of this section, the Commission, with the Secretary of the Army, the Secretary of the Interior, and the Secretary of Agriculture, shall jointly develop a list of existing nonpowered Federal dams that the Commission and the Secretaries agree have the greatest potential for non-Federal hydropower development. (2) Considerations In developing the list under paragraph (1), the Commission and the Secretaries may consider the following: (A) The compatibility of hydropower generation with existing purposes of the dam. (B) The proximity of the dam to existing transmission resources. (C) The existence of studies to characterize environmental, cultural, and historic resources relating to the dam. (D) The effects of hydropower development on release or flow operations of the dam. (3) Availability The Commission shall— (A) provide the list developed under paragraph (1) to— (i) the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources, of the House of Representatives; and (ii) the Committee on Environment and Public Works, and the Committee on Energy and Natural Resources, of the Senate; and (B) make such list available to the public. (e) Definitions For purposes of this section: (1) Qualifying criteria The term qualifying criteria means, with respect to a facility— (A) as of the date of enactment of this section, the facility is not licensed under, or exempted from the license requirements contained in, this part; (B) the facility will be associated with a qualifying nonpowered dam; (C) the facility will be constructed, operated, and maintained for the generation of electric power; (D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and (E) the operation of the facility will not result in any material change to the storage, release, or flow operations of the associated qualifying nonpowered dam. (2) Qualifying facility The term qualifying facility means a facility that is determined under this section to meet the qualifying criteria. (3) Qualifying nonpowered dam The term qualifying nonpowered dam means any dam, dike, embankment, or other barrier— (A) the construction of which was completed on or before the date of enactment of this section; (B) that is or was operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, drinking water, or flood control purposes; and (C) that, as of the date of enactment of this section, is not generating electricity with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part. . 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. 343 115th CONGRESS 1st Session H. R. 2872 [Report No. 115–461, Part I] IN THE HOUSE OF REPRESENTATIVES June 12, 2017 Mr. Bucshon introduced the following bill; which was referred to the Committee on Energy and Commerce December 12, 2017 Reported with an amendment and referred to the Committee on Natural Resources and the Committee on Transportation and Infrastructure for a period ending not later than December 12, 2017, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of those committees under clause 1(m) and 1(r), of rule X respectively Strike out all after the enacting clause and insert the part printed in italic December 12, 2017 The Committees on Natural Resources and Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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 hydropower development at existing nonpowered dams, and for other purposes.

1. Short title This Act may be cited as the Promoting Hydropower Development at Existing Nonpowered Dams Act . 2. Promoting hydropower development at existing nonpowered dams Part I of the Federal Power Act ( 16 U.S.C. 792 et seq.) is amended by adding at the end the following: 34. Promoting hydropower development at existing nonpowered dams (a) Expedited licensing process for non-Federal hydropower projects at existing nonpowered dams (1) In general As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for any facility the Commission determines is a qualifying facility. (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 qualifying facilities 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 a qualifying facility. (4) Length of Process The Commission shall ensure that the expedited process under this section will result in a final decision on an application for a license by not later than 2 years after receipt of a completed application for the license. (b) Dam safety (1) Assessment Before issuing any license for a qualifying facility, the Commission shall assess the safety of existing non-Federal dams and other non-Federal structures related to the qualifying facility (including possible consequences associated with failure of such structures). (2) Requirements In issuing any license for a qualifying facility, the Commission shall ensure that the Commission’s dam safety requirements apply to such qualifying facility, and the associated qualifying nonpowered dam, over the term of such license. (c) 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 qualifying facility under 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. (d) Identification of nonpowered dams for hydropower development (1) In general Not later than 12 months after the date of enactment of this section, the Commission, with the Secretary of the Army, the Secretary of the Interior, and the Secretary of Agriculture, shall jointly develop a list of existing nonpowered Federal dams that the Commission and the Secretaries agree have the greatest potential for non-Federal hydropower development. (2) Considerations In developing the list under paragraph (1), the Commission and the Secretaries may consider the following: (A) The compatibility of hydropower generation with existing purposes of the dam. (B) The proximity of the dam to existing transmission resources. (C) The existence of studies to characterize environmental, cultural, and historic resources relating to the dam. (D) The effects of hydropower development on release or flow operations of the dam. (3) Availability The Commission shall— (A) provide the list developed under paragraph (1) to— (i) the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources, of the House of Representatives; and (ii) the Committee on Environment and Public Works, and the Committee on Energy and Natural Resources, of the Senate; and (B) make such list available to the public. (e) Definitions For purposes of this section: (1) Qualifying criteria The term qualifying criteria means, with respect to a facility— (A) as of the date of enactment of this section, the facility is not licensed under, or exempted from the license requirements contained in, this part; (B) the facility will be associated with a qualifying nonpowered dam; (C) the facility will be constructed, operated, and maintained for the generation of electric power; (D) the facility will use for such generation any withdrawals, diversions, releases, or flows from the associated qualifying nonpowered dam, including its associated impoundment or other infrastructure; and (E) the operation of the facility will not result in any material change to the storage, release, or flow operations of the associated qualifying nonpowered dam. (2) Qualifying facility The term qualifying facility means a facility that is determined under this section to meet the qualifying criteria. (3) Qualifying nonpowered dam The term qualifying nonpowered dam means any dam, dike, embankment, or other barrier— (A) the construction of which was completed on or before the date of enactment of this section; (B) that is or was operated for the control, release, or distribution of water for agricultural, municipal, navigational, industrial, commercial, environmental, recreational, aesthetic, drinking water, or flood control purposes; and (C) that, as of the date of enactment of this section, is not generating electricity with hydropower generating works that are licensed under, or exempted from the license requirements contained in, this part. . 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 12, 2017 Reported with an amendment and referred to the Committee on Natural Resources and the Committee on Transportation and Infrastructure for a period ending not later than December 12, 2017, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of those committees under clause 1(m) and 1(r), of rule X respectively December 12, 2017 The Committees on Natural Resources and Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed