[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2880 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2880

 To amend the Federal Power Act to promote closed-loop pumped storage 
                  hydropower, and for other purposes.


_______________________________________________________________________


                    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.

    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 ``Promoting Closed-Loop Pumped Storage 
Hydropower Act''.

SEC. 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:

``SEC. 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.''.
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