I 111th CONGRESS 2d Session H. R. 5922 IN THE HOUSE OF REPRESENTATIVES July 29, 2010 Mr. Smith of Nebraska (for himself and Mr. McClintock) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To expand small-scale hydropower.

1.

Short title

This Act may be cited as the The Small-Scale Hydropower Enhancement Act of 2010.

2.

Definitions

In this Act: (1)

Conduit

The term conduit means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. (2)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Applicability of law

Notwithstanding any other provision of law, any proposed hydroelectric project that seeks to use a conduit that is in existence on the date of the enactment of this Act to generate power that does not exceed 1.5 megawatts shall be exempt from section 30 of the Federal Power Act (16 U.S.C. 823a).

4.

Inclusion of certain structures in report and study

The Secretary shall— (1)include structures that have less than 10 feet of head or would result in less than 1 megawatt of capacity as part of the study and report required under section 1834 of the Energy Policy Act of 2005 (Public Law 109–58); (2)to the maximum extent practicable, consult with non-Federal and noncontracting interests in implementing this section; and (3)implement this section on a nonreimbursable basis.