[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 545 Reported in Senate (RS)]

                                                        Calendar No. 69
113th CONGRESS
  1st Session
                                 S. 545

             To improve hydropower, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2013

  Ms. Murkowski (for herself, Mr. Wyden, Mr. Risch, Ms. Cantwell, Mr. 
Crapo, Mrs. Murray, Mr. Begich, Mr. Bennet, Mr. Udall of Colorado, Mr. 
 Coons, Mrs. Feinstein, and Mr. Casey) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                              May 13, 2013

                Reported by Mr. Wyden, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
             To improve hydropower, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Hydropower Improvement Act of 2013''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>Sec. 4. Sense of the Senate on the use of hydropower renewable 
                            resources.
<DELETED>Sec. 5. Promoting hydropower development at nonpowered dams 
                            and closed loop pumped storage projects.
<DELETED>Sec. 6. Promoting conduit hydropower projects.
<DELETED>Sec. 7. Promoting small hydroelectric power projects.
<DELETED>Sec. 8. FERC authority to extend preliminary permit terms.
<DELETED>Sec. 9. Study of pumped storage and potential hydropower from 
                            conduits.
<DELETED>Sec. 10. Report on memorandum of understanding on hydropower.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) hydropower is the largest source of clean, 
        renewable electricity in the United States;</DELETED>
        <DELETED>    (2) as of the date of enactment of this Act, 
        hydropower resources, including pumped storage facilities, 
        provide--</DELETED>
                <DELETED>    (A) nearly 7 percent of the electricity 
                generated in the United States, avoiding approximately 
                200,000,000 metric tons of carbon emissions each year; 
                and</DELETED>
                <DELETED>    (B) approximately 100,000 megawatts of 
                electric capacity in the United States;</DELETED>
        <DELETED>    (3) only 3 percent of the 80,000 dams in the 
        United States generate electricity so there is substantial 
        potential for adding hydropower generation to nonpower 
        dams;</DELETED>
        <DELETED>    (4) in every State, a tremendous untapped growth 
        potential exists in hydropower resources, including--</DELETED>
                <DELETED>    (A) efficiency improvements and capacity 
                additions;</DELETED>
                <DELETED>    (B) adding generation to nonpower 
                dams;</DELETED>
                <DELETED>    (C) conduit hydropower;</DELETED>
                <DELETED>    (D) conventional hydropower;</DELETED>
                <DELETED>    (E) pumped storage facilities; 
                and</DELETED>
                <DELETED>    (F) new marine and hydrokinetic resources; 
                and</DELETED>
        <DELETED>    (5) improvements in increased hydropower 
        production in the United States have the potential--</DELETED>
                <DELETED>    (A) to increase the clean energy 
                generation of the United States;</DELETED>
                <DELETED>    (B) to improve project performance and 
                result in better environmental outcomes; and</DELETED>
                <DELETED>    (C) to provide ancillary benefits that 
                include grid reliability, energy storage, and 
                integration services for variable renewable 
                resources.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.</DELETED>
        <DELETED>    (3) Small hydroelectric power project.--The term 
        ``small hydroelectric power project'' has the meaning given the 
        term in section 4.30 of title 18, Code of Federal 
        Regulations.</DELETED>

<DELETED>SEC. 4. SENSE OF THE SENATE ON THE USE OF HYDROPOWER RENEWABLE 
              RESOURCES.</DELETED>

<DELETED>    It is the sense of the Senate that the United States 
should increase substantially the capacity and generation of clean, 
renewable hydropower which will improve the environmental quality of 
resources in the United States and support local job creation and 
economic investment across the United States.</DELETED>

<DELETED>SEC. 5. PROMOTING HYDROPOWER DEVELOPMENT AT NONPOWERED DAMS 
              AND CLOSED LOOP PUMPED STORAGE PROJECTS.</DELETED>

<DELETED>    (a) In General.--To improve the regulatory process and 
reduce delays and costs for hydropower development at nonpowered dams 
and closed loop pumped storage projects, the Federal Energy Regulatory 
Commission (referred to in this section as the ``Commission'') shall 
investigate the feasibility of the issuance of a license for certain 
hydropower development during the 2-year period beginning on the date 
of commencement of the prefiling licensing process of the Commission 
(referred to in this section as a ``2-year process'').</DELETED>
<DELETED>    (b) Workshops and Pilots.--The Commission shall--
</DELETED>
        <DELETED>    (1) not later than 60 days after the date of 
        enactment of this Act, hold an initial workshop to solicit 
        public comment and recommendations on how to implement a 2-year 
        process;</DELETED>
        <DELETED>    (2) develop criteria for identifying projects 
        featuring hydropower development at nonpowered dams and closed 
        loop pumped storage projects that may be appropriate for 
        licensing within a 2-year process;</DELETED>
        <DELETED>    (3) not later than 180 days after the date of 
        enactment of this Act, develop and implement pilot projects to 
        test a 2-year process, if practicable; and</DELETED>
        <DELETED>    (4) not later than 3 years after the date of 
        implementation of any pilot project to test a 2-year process, 
        hold a final workshop to solicit public comment on the 
        effectiveness of the pilot project.</DELETED>
<DELETED>    (c) Memorandum of Understanding.--The Commission shall, to 
the maximum extent practicable, enter into a memorandum of 
understanding with any applicable Federal or State agency to implement 
a pilot project described in subsection (b).</DELETED>
<DELETED>    (d) Reports.--</DELETED>
        <DELETED>    (1) Pilot projects not implemented.--If the 
        Commission determines that the pilot projects described in 
        subsection (b) are not practicable, not later than 240 days 
        after the date of enactment of this Act, the Commission shall 
        submit to the Committee on Energy and Natural Resources of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives a report that--</DELETED>
                <DELETED>    (A) describes the public comments received 
                as part of the initial workshop held under subsection 
                (b)(1); and</DELETED>
                <DELETED>    (B) identifies the process, legal, 
                environmental, economic, and other issues that justify 
                the determination of the Commission that a 2-year 
                process is not practicable, with recommendations on how 
                Congress may address or remedy the identified 
                issues.</DELETED>
        <DELETED>    (2) Pilot projects implemented.--If the Commission 
        develops and implements pilot projects involving a 2-year 
        process described in subsection (b), not later than 60 days 
        after the date of completion of any final workshop held under 
        subsection (b)(4), the Commission shall submit to the Committee 
        on Energy and Natural Resources of the Senate and the Committee 
        on Energy and Commerce of the House of Representatives a report 
        that--</DELETED>
                <DELETED>    (A) describes the outcomes of the pilot 
                projects;</DELETED>
                <DELETED>    (B) describes the public comments from the 
                final workshop on the effectiveness of the pilot 
                projects; and</DELETED>
                <DELETED>    (C)(i) outlines how the Commission will 
                adopt policies under existing law (including 
                regulations) that result in a 2-year process;</DELETED>
                <DELETED>    (ii) outlines how the Commission will 
                proceed with a rulemaking to adopt a 2-year process in 
                the regulations of the Commission; or</DELETED>
                <DELETED>    (iii) identifies the process, legal, 
                environmental, economic, and other issues that justify 
                the determination of the Commission that a 2-year 
                process is not practicable, with recommendations on how 
                Congress may address or remedy the identified 
                issues.</DELETED>

<DELETED>SEC. 6. PROMOTING CONDUIT HYDROPOWER PROJECTS.</DELETED>

<DELETED>    (a) Applicability of, and Exemption From, Licensing 
Requirements.--Section 30 of the Federal Power Act (16 U.S.C. 823a) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (c) through (e) 
        as subsections (d) through (f), respectively;</DELETED>
        <DELETED>    (2) by striking ``Sec. 30.'' and all that follows 
        through the end of subsection (b) and inserting the 
        following:</DELETED>

<DELETED>``SEC. 30. CONDUIT HYDROPOWER FACILITIES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Conduit.--The term `conduit' means any 
        tunnel, canal, pipeline, aqueduct, flume, ditch, or similar 
        manmade water conveyance that is operated--</DELETED>
                <DELETED>    ``(A) for the distribution of water for 
                agricultural, municipal, or industrial consumption; 
                and</DELETED>
                <DELETED>    ``(B) not primarily for the generation of 
                electricity.</DELETED>
        <DELETED>    ``(2) Qualifying conduit hydropower facility.--The 
        term `qualifying conduit hydropower facility' means a facility 
        (not including any dam or other impoundment) that is determined 
        or deemed under subsection (b)(2)(D) to meet the qualifying 
        criteria.</DELETED>
        <DELETED>    ``(3) Qualifying criteria.--The term `qualifying 
        criteria' means, with respect to a facility, that--</DELETED>
                <DELETED>    ``(A) the facility is constructed, 
                operated, or maintained for the generation of electric 
                power and uses for the generation only the 
                hydroelectric potential of a non-federally owned 
                conduit;</DELETED>
                <DELETED>    ``(B) the facility has an installed 
                capacity that does not exceed 5 megawatts; 
                and</DELETED>
                <DELETED>    ``(C) on or before the date of enactment 
                of the Hydropower Improvement Act of 2013, the facility 
                is not licensed under, or exempted from the license 
                requirements contained in, this part.</DELETED>
<DELETED>    ``(b) Administration.--</DELETED>
        <DELETED>    ``(1) In general.--A qualifying conduit hydropower 
        facility shall not be required to be licensed under this 
        part.</DELETED>
        <DELETED>    ``(2) Notice of intent to construct facility.--
        </DELETED>
                <DELETED>    ``(A) In general.--Any person, State, or 
                municipality proposing to construct a qualifying 
                conduit hydropower facility shall file with the 
                Commission a notice of intent to construct the 
                qualifying conduit hydropower facility.</DELETED>
                <DELETED>    ``(B) Information.--The notice shall 
                include sufficient information to demonstrate that the 
                facility meets the qualifying criteria.</DELETED>
                <DELETED>    ``(C) Initial determination.--Not later 
                than 15 days after receipt of a notice of intent is 
                filed under subparagraph (A), the Commission shall--
                </DELETED>
                        <DELETED>    ``(i) make an initial 
                        determination as to whether the facility meets 
                        the qualifying criteria; and</DELETED>
                        <DELETED>    ``(ii) if the Commission makes an 
                        initial determination, pursuant to clause (i) 
                        that the facility meets the qualifying 
                        criteria, publish public notice of the notice 
                        of intent filed under subparagraph 
                        (A).</DELETED>
                <DELETED>    ``(D) Final determination.--If, not later 
                than 45 days after the date of publication of the 
                public notice described in subparagraph (C)(ii)--
                </DELETED>
                        <DELETED>    ``(i) an entity contests whether 
                        the facility meets the qualifying criteria, the 
                        Commission shall promptly issue a written 
                        determination as to whether the facility meets 
                        the qualifying criteria; or</DELETED>
                        <DELETED>    ``(ii) no entity contests whether 
                        the facility meets the qualifying criteria, the 
                        facility shall be considered to meet the 
                        qualifying criteria.</DELETED>
<DELETED>    ``(c) Exemptions.--Subject to subsection (d), 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 (not including any dam or other 
impoundment) constructed, operated, or maintained for the generation of 
electric power that the Commission determines, by rule or order--
</DELETED>
        <DELETED>    ``(1) uses for the generation only the 
        hydroelectric potential of a conduit; and</DELETED>
        <DELETED>    ``(2) has an installed capacity that does not 
        exceed 40 megawatts.'';</DELETED>
        <DELETED>    (3) in subsection (d) (as redesigned by paragraph 
        (1)), by striking ``subsection (a)'' and inserting ``subsection 
        (c)''; and</DELETED>
        <DELETED>    (4) in subsection (e) (as so redesignated), by 
        striking ``subsection (a)'' and inserting ``subsection 
        (c)''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) Section 210(j)(3) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 824a-3(j)(3)) is 
        amended by striking ``section 30(c)'' and inserting ``section 
        30(d)''.</DELETED>
        <DELETED>    (2) Section 405(d) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2705(d)) is amended 
        in the first sentence--</DELETED>
                <DELETED>    (A) by striking ``subsections (c) and 
                (d)'' each place it appears and inserting ``subsections 
                (d) and (e)''; and</DELETED>
                <DELETED>    (B) by striking ``subsection (a) of such 
                section 30'' and inserting ``section 30(c) of that 
                Act''.</DELETED>
        <DELETED>    (3) Section 3401(a)(2) of the Omnibus Budget 
        Reconciliation Act of 1986 (42 U.S.C. 7178(a)(2)) is amended by 
        striking ``30(e)'' and inserting ``30(f)''.</DELETED>
        <DELETED>    (4) Section 242(b)(3) of the Energy Policy Act of 
        2005 (42 U.S.C. 15881(b)(3)) is amended by striking ``section 
        30(a)(2) of the Federal Power Act (16 U.S.C. 823a(a)(2))'' and 
        inserting ``section 30(a) of the Federal Power Act (16 U.S.C. 
        823a(a))''.</DELETED>

<DELETED>SEC. 7. PROMOTING SMALL HYDROELECTRIC POWER 
              PROJECTS.</DELETED>

<DELETED>    Section 405(d) of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2705(d)) is amended in the first sentence by 
striking ``5,000'' and inserting ``10,000''.</DELETED>

<DELETED>SEC. 8. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT 
              TERMS.</DELETED>

<DELETED>    Section 5 of the Federal Power Act (16 U.S.C. 798) is 
amended--</DELETED>
        <DELETED>    (1) by designating the first, second, and third 
        sentences as subsections (a), (c), and (d), respectively; 
        and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) (as so 
        designated) the following:</DELETED>
<DELETED>    ``(b) Extension.--The Commission may extend the term of a 
preliminary permit once for not more than 2 additional years if the 
Commission finds that the permittee has carried out activities under 
the permit in good faith and with reasonable diligence.''.</DELETED>

<DELETED>SEC. 9. STUDY OF PUMPED STORAGE AND POTENTIAL HYDROPOWER FROM 
              CONDUITS.</DELETED>

<DELETED>    (a) In General.--The Secretary shall conduct a study--
</DELETED>
        <DELETED>    (1)(A) of the technical flexibility that existing 
        pumped storage facilities can provide to support intermittent 
        renewable electric energy generation, including the potential 
        for those existing facilities to be upgraded or retrofitted 
        with advanced commercially available technology; and</DELETED>
        <DELETED>    (B) of the technical potential of existing pumped 
        storage facilities and new advanced pumped storage facilities, 
        to provide grid reliability benefits; and</DELETED>
        <DELETED>    (2)(A) to identify the range of opportunities for 
        hydropower that may be obtained from conduits (as defined by 
        the Secretary) in the United States; and</DELETED>
        <DELETED>    (B) through case studies, to assess amounts of 
        potential energy generation from such conduit hydropower 
        projects.</DELETED>
<DELETED>    (b) Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that describes 
the results of the study conducted under subsection (a), including any 
recommendations.</DELETED>

<DELETED>SEC. 10. REPORT ON MEMORANDUM OF UNDERSTANDING ON 
              HYDROPOWER.</DELETED>

<DELETED>    Not later than 180 days after the date of enactment of 
this Act, the President shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report on actions taken by 
the Department of Energy, the Department of the Interior, and the Corps 
of Engineers to carry out the memorandum of understanding on hydropower 
entered into on March 24, 2010, with particular emphasis on actions 
taken by the agencies to work together and investigate ways to 
efficiently and responsibly facilitate the Federal permitting process 
for Federal and non-Federal hydropower projects at Federal facilities, 
within existing authority.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hydropower 
Regulatory Efficiency Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Promoting small hydroelectric power projects.
Sec. 4. Promoting conduit hydropower projects.
Sec. 5. FERC authority to extend preliminary permit periods.
Sec. 6. Promoting hydropower development at nonpowered dams and closed 
                            loop pumped storage projects.
Sec. 7. DOE study of pumped storage and potential hydropower from 
                            conduits.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the hydropower industry currently employs approximately 
        300,000 workers across the United States;
            (2) hydropower is the largest source of clean, renewable 
        electricity in the United States;
            (3) as of the date of enactment of this Act, hydropower 
        resources, including pumped storage facilities, provide--
                    (A) nearly 7 percent of the electricity generated 
                in the United States; and
                    (B) approximately 100,000 megawatts of electric 
                capacity in the United States;
            (4) only 3 percent of the 80,000 dams in the United States 
        generate electricity, so there is substantial potential for 
        adding hydropower generation to nonpowered dams; and
            (5) according to one study, by utilizing currently untapped 
        resources, the United States could add approximately 60,000 
        megawatts of new hydropower capacity by 2025, which could 
        create 700,000 new jobs over the next 13 years.

SEC. 3. PROMOTING SMALL HYDROELECTRIC POWER PROJECTS.

    Subsection (d) of section 405 of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2705) is amended by striking ``5,000'' 
and inserting ``10,000''.

SEC. 4. PROMOTING CONDUIT HYDROPOWER PROJECTS.

    (a) Applicability of, and Exemption From, Licensing Requirements.--
Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a)(1) A qualifying conduit hydropower facility shall not be 
required to be licensed under this part.
    ``(2)(A) Any person, State, or municipality proposing to construct 
a qualifying conduit hydropower facility shall file with the Commission 
a notice of intent to construct such facility. The notice shall include 
sufficient information to demonstrate that the facility meets the 
qualifying criteria.
    ``(B) Not later than 15 days after receipt of a notice of intent 
filed under subparagraph (A), the Commission shall--
            ``(i) make an initial determination as to whether the 
        facility meets the qualifying criteria; and
            ``(ii) if the Commission makes an initial determination, 
        pursuant to clause (i), that the facility meets the qualifying 
        criteria, publish public notice of the notice of intent filed 
        under subparagraph (A).
    ``(C) If, not later than 45 days after the date of publication of 
the public notice described in subparagraph (B)(ii)--
            ``(i) an entity contests whether the facility meets the 
        qualifying criteria, the Commission shall promptly issue a 
        written determination as to whether the facility meets such 
        criteria; or
            ``(ii) no entity contests whether the facility meets the 
        qualifying criteria, the facility shall be deemed to meet such 
        criteria.
    ``(3) For purposes of this section:
            ``(A) 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.
            ``(B) The term `qualifying conduit hydropower facility' 
        means a facility (not including any dam or other impoundment) 
        that is determined or deemed under paragraph (2)(C) to meet the 
        qualifying criteria.
            ``(C) The term `qualifying criteria' means, with respect to 
        a facility--
                    ``(i) the facility is constructed, operated, or 
                maintained for the generation of electric power and 
                uses for such generation only the hydroelectric 
                potential of a non-federally owned conduit;
                    ``(ii) the facility has an installed capacity that 
                does not exceed 5 megawatts; and
                    ``(iii) on or before the date of enactment of the 
                Hydropower Regulatory Efficiency Act of 2013, the 
                facility is not licensed under, or exempted from the 
                license requirements contained in, this part.
    ``(b) Subject to subsection (c), 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 (not including any dam or other impoundment) constructed, 
operated, or maintained for the generation of electric power which the 
Commission determines, by rule or order--
            ``(1) utilizes for such generation only the hydroelectric 
        potential of a conduit; and
            ``(2) has an installed capacity that does not exceed 40 
        megawatts.'';
            (2) in subsection (c), by striking ``subsection (a)'' and 
        inserting ``subsection (b)''; and
            (3) in subsection (d), by striking ``subsection (a)'' and 
        inserting ``subsection (b)''.
    (b) Conforming Amendment.--Subsection (d) of section 405 of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705), as 
amended, is further amended by striking ``subsection (a) of such 
section 30'' and inserting ``subsection (b) of such section 30''.

SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT PERIODS.

    Section 5 of the Federal Power Act (16 U.S.C. 798) is amended--
            (1) by designating the first, second, and third sentences 
        as subsections (a), (c), and (d), respectively; and
            (2) by inserting after subsection (a) (as so designated) 
        the following:
    ``(b) The Commission may extend the period of a preliminary permit 
once for not more than 2 additional years beyond the 3 years permitted 
by subsection (a) if the Commission finds that the permittee has 
carried out activities under such permit in good faith and with 
reasonable diligence.''.

SEC. 6. PROMOTING HYDROPOWER DEVELOPMENT AT NONPOWERED DAMS AND CLOSED 
              LOOP PUMPED STORAGE PROJECTS.

    (a) In General.--To improve the regulatory process and reduce 
delays and costs for hydropower development at nonpowered dams and 
closed loop pumped storage projects, the Federal Energy Regulatory 
Commission (referred to in this section as the ``Commission'') shall 
investigate the feasibility of the issuance of a license for hydropower 
development at nonpowered dams and closed loop pumped storage projects 
in a 2-year period (referred to in this section as a ``2-year 
process''). Such a 2-year process shall include any prefiling licensing 
process of the Commission.
    (b) Workshops and Pilots.--The Commission shall--
            (1) not later than 60 days after the date of enactment of 
        this Act, hold an initial workshop to solicit public comment 
        and recommendations on how to implement a 2-year process;
            (2) develop criteria for identifying projects featuring 
        hydropower development at nonpowered dams and closed loop 
        pumped storage projects that may be appropriate for licensing 
        within a 2-year process;
            (3) not later than 180 days after the date of enactment of 
        this Act, develop and implement pilot projects to test a 2-year 
        process, if practicable; and
            (4) not later than 3 years after the date of implementation 
        of the final pilot project testing a 2-year process, hold a 
        final workshop to solicit public comment on the effectiveness 
        of each tested 2-year process.
    (c) Memorandum of Understanding.--The Commission shall, to the 
extent practicable, enter into a memorandum of understanding with any 
applicable Federal or State agency to implement a pilot project 
described in subsection (b).
    (d) Reports.--
            (1) Pilot projects not implemented.--If the Commission 
        determines that no pilot project described in subsection (b) is 
        practicable because no 2-year process is practicable, not later 
        than 240 days after the date of enactment of this Act, the 
        Commission shall submit to the Committee on Energy and Commerce 
        of the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that--
                    (A) describes the public comments received as part 
                of the initial workshop held under subsection (b)(1); 
                and
                    (B) identifies the process, legal, environmental, 
                economic, and other issues that justify the 
                determination of the Commission that no 2-year process 
                is practicable, with recommendations on how Congress 
                may address or remedy the identified issues.
            (2) Pilot projects implemented.--If the Commission develops 
        and implements pilot projects involving a 2-year process, not 
        later than 60 days after the date of completion of the final 
        workshop held under subsection (b)(4), the Commission shall 
        submit to the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report that--
                    (A) describes the outcomes of the pilot projects;
                    (B) describes the public comments from the final 
                workshop on the effectiveness of each tested 2-year 
                process; and
                    (C)(i) outlines how the Commission will adopt 
                policies under existing law (including regulations) 
                that result in a 2-year process for appropriate 
                projects;
                    (ii) outlines how the Commission will issue new 
                regulations to adopt a 2-year process for appropriate 
                projects; or
                    (iii) identifies the process, legal, environmental, 
                economic, and other issues that justify a determination 
                of the Commission that no 2-year process is 
                practicable, with recommendations on how Congress may 
                address or remedy the identified issues.

SEC. 7. DOE STUDY OF PUMPED STORAGE AND POTENTIAL HYDROPOWER FROM 
              CONDUITS.

    (a) In General.--The Secretary of Energy shall conduct a study--
            (1)(A) of the technical flexibility that existing pumped 
        storage facilities can provide to support intermittent 
        renewable electric energy generation, including the potential 
        for such existing facilities to be upgraded or retrofitted with 
        advanced commercially available technology; and
            (B) of the technical potential of existing pumped storage 
        facilities and new advanced pumped storage facilities, to 
        provide grid reliability benefits; and
            (2)(A) to identify the range of opportunities for 
        hydropower that may be obtained from conduits (as defined by 
        the Secretary) in the United States; and
            (B) through case studies, to assess amounts of potential 
        energy generation from such conduit hydropower projects.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Energy shall submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a report that describes 
the results of the study conducted under subsection (a), including any 
recommendations.
                                                        Calendar No. 69

113th CONGRESS

  1st Session

                                 S. 545

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                                 A BILL

             To improve hydropower, and for other purposes.

_______________________________________________________________________

                              May 13, 2013

                       Reported with an amendment