[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2655 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2655

  To amend the Federal Power Act to promote hydropower development at 
           existing nonpowered dams, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2018

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

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Power Act to promote hydropower development at 
           existing nonpowered dams, 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 Hydropower Development and 
Jobs Act''.

SEC. 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:

``SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED 
              DAMS.

    ``(a) Definitions.--In this section:
            ``(1) Qualifying facility.--The term `qualifying facility' 
        means a facility that the Commission determines is a qualifying 
        facility under subsection (b)(1).
            ``(2) 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 of, this part.
    ``(b) Expedited Licensing Process for Non-Federal Hydropower 
Projects at Existing Nonpowered Dams.--
            ``(1) Authority to issue and amend licenses and preliminary 
        permits.--
                    ``(A) In general.--The Commission may issue and 
                amend licenses and preliminary permits, as appropriate, 
                for any facility that the Commission determines meets 
                the qualifying criteria under subparagraph (B).
                    ``(B) Qualifying criteria.--To be considered a 
                qualifying facility under subparagraph (A), the 
                Commission shall determine that, with respect to the 
                facility--
                            ``(i) as of the date of enactment of this 
                        section, the facility is not licensed under, or 
                        exempted from the license requirements of, this 
                        part;
                            ``(ii) the facility will be associated with 
                        a qualifying nonpowered dam;
                            ``(iii) the facility will be constructed, 
                        operated, and maintained for the generation of 
                        electric power;
                            ``(iv) the facility will use for the 
                        generation described in clause (iii) 
                        withdrawals, diversions, releases, or flows 
                        from the associated qualifying nonpowered dam, 
                        including the impoundment or other 
                        infrastructure associated with the associated 
                        qualifying nonpowered dam; and
                            ``(v) 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) 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.--
                    ``(A) In general.--In establishing the expedited 
                process under paragraph (2), the Commission shall 
                convene an interagency task force to coordinate the 
                regulatory processes associated with the authorizations 
                required to construct and operate a qualifying 
                facility.
                    ``(B) Representation.--The interagency task force 
                convened under subparagraph (A) shall include 
                representatives from appropriate Federal and State 
                agencies and Indian Tribes.
            ``(4) Length of process.--The Commission shall ensure that 
        the expedited process under paragraph (2) results in a final 
        decision on an application for a license for a qualifying 
        facility by not later than 2 years after the date on which the 
        Commission receives the completed application for the license.
    ``(c) Dam Safety.--
            ``(1) Assessment.--Before issuing any license for a 
        qualifying facility under this section, the Commission shall 
        assess the safety of existing non-Federal dams and other non-
        Federal structures associated with the qualifying facility, 
        including possible consequences associated with the failure of 
        such a structure.
            ``(2) Requirements.--In issuing any license for a 
        qualifying facility, the Commission shall ensure that the dam 
        safety requirements of the Commission apply to the qualifying 
        facility and the associated qualifying nonpowered dam over the 
        term of the license.
    ``(d) Interagency Communications.--Interagency cooperation in the 
preparation of an environmental impact statement or similar analysis 
required 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 under 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.
    ``(e) Identification of Nonpowered Dams for Hydropower 
Development.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Commission, acting jointly with 
        the Secretary of the Army, the Secretary of the Interior, and 
        the Secretary of Agriculture (referred to in this subsection as 
        the `Secretaries'), shall 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--
                    ``(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; and
                    ``(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 Environment and 
                        Public Works and the Committee on Energy and 
                        Natural Resources of the Senate; and
                            ``(ii) the Committee on Energy and 
                        Commerce, the Committee on Transportation and 
                        Infrastructure, and the Committee on Natural 
                        Resources of the House of Representatives; and
                    ``(B) make the list available to the public.''.

SEC. 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.''.
                                 <all>