[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1758 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1758

To provide for the allocation of costs to project power with respect to 
    power development within the Diamond Fork System, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 6, 2009

Mr. Bennett (for himself and Mr. Hatch) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the allocation of costs to project power with respect to 
    power development within the Diamond Fork System, 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 ``Bonneville Unit Clean Hydropower 
Facilitation Act''.

SEC. 2. DIAMOND FORK SYSTEM DEFINED.

    For the purposes of this Act, the term ``Diamond Fork System'' 
means the facilities described in chapter 4 of the October 2004 
Supplement to the 1988 Definite Plan Report for the Bonneville Unit.

SEC. 3. COST ALLOCATIONS.

    Notwithstanding any other provision of law, in order to facilitate 
hydropower development on the Diamond Fork System, the amount of 
reimbursable costs allocated to project power in chapter 6 of the Power 
Appendix in the October 2004 Supplement to the 1988 Bonneville Unit 
Definite Plan Report, with regard to power development within the 
Diamond Fork System, shall be considered final costs as well as costs 
in excess of the total maximum repayment obligation as defined in 
section 211 of the Central Utah Project Completion Act of 1992 (Public 
Law 102-575), and shall be subject to the same terms and conditions.

SEC. 4. NO PURCHASE OR MARKET OBLIGATION; NO COSTS ASSIGNED TO POWER.

    Nothing in this Act shall obligate the Western Area Power 
Administration to purchase or market any of the power produced by the 
Diamond Fork power plant and none of the costs associated with 
development of transmission facilities to transmit power from the 
Diamond Fork power plant shall be assigned to power for the purpose of 
Colorado River Storage Project ratemaking.

SEC. 5. PROHIBITION ON TAX-EXEMPT FINANCING.

    No facility for the generation or transmission of hydroelectric 
power on the Diamond Fork System may be financed or refinanced, in 
whole or in part, with proceeds of any obligation--
            (1) the interest on which is exempt from the tax imposed 
        under chapter 1 of the Internal Revenue Code of 1986, or
            (2) with respect to which credit is allowable under subpart 
        I or J of part IV of subchapter A of chapter 1 of such Code.

SEC. 6. REPORTING REQUIREMENT.

    If, 24 months after the date of the enactment of this Act, 
hydropower production on the Diamond Fork System has not commenced, the 
Secretary of the Interior shall submit a report to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate stating this fact, the 
reasons such production has not yet commenced, and a detailed timeline 
for future hydropower production.
                                 <all>