[Congressional Record Volume 156, Number 85 (Tuesday, June 8, 2010)]
[House]
[Pages H4222-H4223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           BONNEVILLE UNIT CLEAN HYDROPOWER FACILITATION ACT

  Mrs. NAPOLITANO. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 2008) to authorize the Secretary of the Interior to 
facilitate the development of hydroelectric power on the Diamond Fork 
System of the Central Utah Project, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2008

       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.

     SEC. 7. PAYGO.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Napolitano) and the gentleman from Utah (Mr. Chaffetz) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. NAPOLITANO. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. NAPOLITANO. Madam Speaker, H.R. 2008, introduced by our 
colleague Representative Jim Matheson, would declare as final the cost 
allocation of $161 million to hydroelectric power generation on the 
Diamond Fork System in Utah and would defer those costs indefinitely in 
accordance with section 211 of the Central Utah Project Completion Act 
of 1992.
  H.R. 2008 is a perfect example of a win-win situation. This 
legislation will facilitate the development of 50 megawatts of clean 
hydroelectric power while generating revenue for the government for the 
use of its water facilities. This has been another collaborative 
effort, and I am very glad that we are able to bring it to the floor.
  I ask my colleagues to support the bill, and I reserve the balance of 
my time.
  Mr. CHAFFETZ. Madam Speaker, I yield myself such time as I may 
consume.
  I want to thank my colleague, the gentleman from Utah, Mr. Jim 
Matheson, for introducing this important piece of legislation. It's 
been a pleasure to work with him and his staff in moving this bill 
forward as it does benefit both the districts and, truly, the 
population of the State of Utah and, consequently, the United States of 
America.
  The facilities and beneficiaries of this bill are located, like you 
said, in both districts. And we, again, appreciate Mr. Matheson and his 
leadership on this issue.
  The Diamond Fork System of the Bonneville Unit was constructed under 
the Central Utah Project Completion Act. The Bonneville Unit is a 
system of dams and pipelines and tunnels that transports water from the 
eastern mountains in Utah to the Wasatch front population centers.
  This legislation allows for a hydropower developer to install up to 
50 megawatts of clean, renewable, and emissions-free electricity at the 
existing Federal facilities in the Diamond Fork System. This will 
benefit the people of my district and the U.S. taxpayers in a variety 
of ways.
  This legislation expands on the historical benefits of a proven green 
technology. Hydropower is the original green electricity that time and 
again has kept the lights on in the western United States. With an 
additional 50 megawatts of hydroenergy, combined with other wind, 
geothermal, and natural gas facilities, my district will again be at 
the forefront of America's balanced energy future.
  This bill will be paid for by the power users, not the taxpayers. 
Once signed into law, this bill will generate money for the Federal 
Government by allowing a non-Federal developer to pay for the right to 
generate hydropower. Without passage, the Congressional Budget Office 
determines the existing facilities would not be developed anytime 
within the next decade because the initial investment would be 
uneconomical for potential developers.
  This is a good, bipartisan bill that benefits the environment, the 
taxpayers, and the people of Utah. I urge my colleagues to support it. 
I again appreciate the bipartisan approach in developing this piece of 
legislation.
  I yield back the balance of my time.
  Mrs. NAPOLITANO. Madam Speaker, I certainly want to commend my 
colleagues for working on this particular bill, and I thank them very 
much for the bipartisan way this was carried out. Water has no 
boundaries, no color, no political designation, and we need to continue 
working on these issues that are going to help the American people be 
able to have clean, sustainable green power.
  So, with that, I want to thank the staffs on both sides for their 
marvelous work.
  Mr. MATHESON. Madam Speaker, I rise today in support of H.R. 2008, 
the Bonneville Unit Clean Hydropower Facilitation Act, bipartisan 
legislation that I introduced with my colleague, Rep. Chaffetz.
  The Bonneville Unit is a large system of dams, pipelines and tunnels 
which bring water from the eastern mountains in Utah to the Wasatch 
front population centers. It was constructed as part of the completion 
of the Central Utah Project Completion Act in 1992.
  One of the components of the Bonneville unit is the Diamond Fork 
Project. The Diamond Fork Project has the capability to generate up to 
50 megawatts of hydroelectric power. My bill removes a barrier that is 
infringing on the ability to develop the hydropower.
  The Congressional Budget Office estimates the Federal Government will 
receive payments totaling $2 million dollars over the 2010-2019 period 
as a result of the hydroelectric project.

[[Page H4223]]

  The proposed hydroelectric project will be installed within existing 
structures of the Diamond Fork facility.
  I'd like to thank the Water and Power Subcommittee for their tireless 
work on this bill and Subcommittee Chairwoman Grace Napolitano and 
House Natural Resources Chairman Rahall for their commitment to moving 
this bill forward.
  This is common sense, bipartisan legislation that allows for 
development of clean hydropower at Diamond Fork. I urge my colleagues 
to support its passage.
  Mrs. NAPOLITANO. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Napolitano) that the House suspend 
the rules and pass the bill, H.R. 2008, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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