[Congressional Record Volume 156, Number 90 (Wednesday, June 16, 2010)]
[House]
[Pages H4542-H4543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              COLLINSVILLE RENEWABLE ENERGY PROMOTION ACT

  Mr. MURPHY of Connecticut. Madam Speaker, I move to suspend the rules 
and pass the bill (H.R. 4451) to reinstate and transfer certain 
hydroelectric licenses and extend the deadline for commencement of 
construction of certain hydroelectric projects, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4451

       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 ``Collinsville Renewable 
     Energy Promotion Act''.

     SEC. 2. REINSTATEMENT OF EXPIRED LICENSES AND EXTENSION OF 
                   TIME TO COMMENCE CONSTRUCTION OF PROJECTS.

       Subject to section 4 of this Act and notwithstanding the 
     time period under section 13 of the Federal Power Act (16 
     U.S.C. 806) that would otherwise apply to Federal Energy 
     Regulatory Commission projects numbered 10822 and 10823, the 
     Federal Energy Regulatory Commission (referred to in this Act 
     as the ``Commission'') may--
       (1) reinstate the license for either or each of those 
     projects; and
       (2) extend for 2 years after the date on which either or 
     each project is reinstated under paragraph (1) the time 
     period during which the licensee is required to commence the 
     construction of such projects.

     Prior to reaching any final decision under this section, the 
     Commission shall provide an opportunity for submission of 
     comments by interested persons, municipalities, and States 
     and shall consider any such comment that is timely submitted.

     SEC. 3. TRANSFER OF LICENSES TO THE TOWN OF CANTON, 
                   CONNECTICUT.

       Notwithstanding section 8 of the Federal Power Act (16 
     U.S.C. 801) or any other provision thereof, if the Commission 
     reinstates the license for, and extends the time period 
     during which the licensee is required to commence the 
     construction of, a Federal Energy Regulatory Commission 
     project under section 2, the Commission shall transfer such 
     license to the town of Canton, Connecticut.

     SEC. 4. ENVIRONMENTAL ASSESSMENT.

       (a) Definition.--For purposes of this section, the term 
     ``environmental assessment'' shall have the same meaning as 
     is given such term in regulations prescribed by the Council 
     on Environmental Quality that implement the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (b) Environmental Assessment.--Not later than 180 days 
     after the date of enactment of this Act, the Commission shall 
     complete an environmental assessment for Federal Energy 
     Regulatory Commission projects numbered 10822 and 10823, 
     updating, to the extent necessary, the environmental analysis 
     performed during the process of licensing such projects.
       (c) Comment Period.--Upon issuance of the environmental 
     assessment required under subsection (b), the Commission 
     shall--
       (1) initiate a 30-day public comment period; and
       (2) before taking any action under section 2 or 3--
       (A) consider any comments received during such 30-day 
     period; and
       (B) incorporate in the license for the projects involved, 
     such terms and conditions as the Commission determines to be 
     necessary, based on the environmental assessment performed 
     and comments received under this section.

     SEC. 5. DEADLINE.

       Not later than 270 days after the date of enactment of this 
     Act, the Commission shall--
       (1) make a final decision pursuant to paragraph (1) of 
     section 2; and
       (2) if the Commission decides to reinstate 1 or both of the 
     licenses under such paragraph and extend the corresponding 
     deadline for commencement of construction under paragraph (2) 
     of such section, complete the action required under section 
     3.

     SEC. 6. PROTECTION OF EXISTING RIGHTS.

       Nothing in this Act shall affect any valid license issued 
     by the Commission under section 4 of the Federal Power Act 
     (16 U.S.C. 797) on or before the date of enactment of this 
     Act or diminish or extinguish any existing rights under any 
     such license.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Connecticut (Mr. Murphy) and the gentleman from Nebraska (Mr. Terry) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Connecticut.


                             General Leave

  Mr. MURPHY of Connecticut. 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 in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Connecticut?
  There was no objection.
  Mr. MURPHY of Connecticut. Madam Speaker, I yield myself such time as 
I may consume.
  The legislation before the House today is pretty simple. It will 
permit several communities in my district, the Fifth Congressional 
District of Connecticut, to operate two now-defunct hydroelectric dams 
as municipal power sources. The dams, the Upper and Lower Collinsville 
dams, have lain dormant in Connecticut's Farmington River since the 
1960s. The licenses previously issued by FERC to operate both these 
dams are currently inactive, and this legislation would allow FERC to 
reinstate them and transfer them to the town of Canton, Connecticut, 
for operation. The State legislature has already passed legislation to 
operate these two State-owned dams, but Federal legislation is also 
needed to restore their operation.
  These small dams are already a beloved and longstanding symbol of the 
Farmington Valley's rich history. They used to power a very well-known 
and thriving axe factory on the site. This legislation would allow for 
additional comments and for environmental data to be considered by FERC 
prior to taking any action, ensuring that the river's health and the 
region's health is well protected.
  This legislation has been drafted over the course of many months with 
the close cooperation of FERC, who's unopposed to the legislation, and 
we put together a bipartisan coalition of stakeholders, including all 
of the affected communities, the Governor of the State of Connecticut, 
and regional and national river protection organizations. Simply put, 
there is broad and deep consensus and agreement that these dams 
represent a valuable source of renewable energy right in the heart of 
suburban Connecticut.

[[Page H4543]]

  And while we work here in the House and the Senate to enact much 
broader and sweeping policies to try to promote renewable energy 
development around this country, we need to also recognize that in some 
parts of this Nation there are some very locally produced, locally 
driven projects like this one in Canton and Avon, Connecticut, that can 
produce some pretty immediate effects for local rate payers, providing 
them with clean, renewable, locally produced and locally run energy.
  I would like to thank Chairman Waxman and Chairman Markey and Ranking 
Members Barton and Upton for their help in bringing this legislation to 
the floor. And I urge passage today of H.R. 4451.
  I reserve the balance of my time.
  Mr. TERRY. Mr. Speaker, I yield myself as much time as I may consume.
  I rise today on behalf of our side of the aisle of the Energy and 
Commerce Committee and report that we have absolutely no opposition and 
actually support this bill.
  Mr. Speaker, today we are considering the Collinsville Renewable 
Energy Promotion Act. This bill was considered in a markup of the 
Energy and Commerce Subcommittee on Energy and Environment on March 24, 
and in a markup of the full committee on May 26, both times passing by 
a voice vote.

                              {time}  1315

  The purpose of this bill is to authorize the Federal Energy 
Regulatory Commission, also known as FERC, to reinstate the terminated 
licenses for the Upper and Lower Collinsville Dams hydroelectric 
projects, and to extend for 2 years after the date of any such 
reinstatement the date by which the licensee is required to commence 
construction, and, in the event that FERC reinstates the licenses, to 
require FERC to transfer such licenses to the town of Canton, 
Connecticut.
  I commend Representative Murphy for offering an amendment in the 
nature of a substitute at the full committee markup that made two 
important changes. The first is requiring FERC to provide an 
opportunity for the submission of comments by interested persons before 
reinstating one or both of the terminated licenses. Therefore, 
interested parties will have an opportunity to address any concerns 
with FERC. And the second is to include a new Section 6 which would 
clarify that nothing in H.R. 4451 would diminish or extinguish any 
existing rights under such license.
  Mr. Speaker, this bill has no direct cost. We are in support of the 
bill.
  I reserve the balance of my time.
  Mr. MURPHY of Connecticut. Mr. Speaker, I thank the gentleman for his 
support of the bill and for working with us in providing the amendments 
that he referenced. I think it is important to underscore his point, 
that this is not a requirement that FERC reissue these licenses to the 
town of Canton, it is permissive language allowing them to do that 
given proper environmental review and proper availability of comment 
from other interested parties.
  This really is an example of how local power production can be done 
right. This is a nonpartisan local issue, Democrats and Republicans at 
the local and State level, along with the administration in the State 
of Connecticut coming together, to try to promote a project to bring 
two long-dormant dams online.
  I would note also that the reconstruction of the dams will allow for 
potential fish passage along a stream that has not allowed for that 
passage for a long time. There are multiple benefits to the community 
and to ratepayers. I thank the gentleman for his support of the bill.
  I reserve the balance of my time.
  Mr. BURGESS. Mr. Speaker, I rise today to discuss a bill that I 
believe has been given far too little attention by the Congress, 
especially considering the potential precedent that it may set.
  H.R. 4451, the Collinsville Renewable Energy Promotion Act allows the 
Federal Energy Regulatory Commission (FERC) to transfer the permit for 
a hydro-electric power plant once held by a private company into the 
hands of a public municipality. This bill went through the Energy & 
Commerce Committee, although I could hardly say it received regular 
order consideration. When this legislation was first presented to us at 
the subcommittee level, Members were told it was a non-controversial 
bill, and that all the interested parties agreed with the actions being 
taken.
  Members of the Energy & Commerce Committee subsequently learned 
otherwise when the company involved, Summit Hydro, LLC, told my office 
that not only were they opposed to the transfer of these permits, but 
that they were not even told our Committee was considering the 
legislation. I find it outrageous that this Congress would move ahead 
with transferring a privately-held permit to a public entity without so 
much as a legislative hearing.
  Despite my objections at the Committee level, voicing concerns that 
no hearing had been held, the Majority pushed this legislation forward.
  I am disheartened that this legislation was moved by the full House 
today, and hope that the Senate will provide Summit Hydro, LLC the 
proper deference in defending its actions and explaining its story 
before this bill becomes law and becomes yet another example of 
government taking over actions more properly suited for the private 
sector.
  Mr. TERRY. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. MURPHY of Connecticut. Mr. Speaker, I urge support of the bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. McGovern). The question is on the motion 
offered by the gentleman from Connecticut (Mr. Murphy) that the House 
suspend the rules and pass the bill, H.R. 4451, 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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