[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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