[Congressional Record Volume 156, Number 103 (Tuesday, July 13, 2010)]
[Senate]
[Pages S5787-S5790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Ms. MURKOWSKI (for herself, Mrs. Murray, Ms. Cantwell, and Mr.
Crapo):
S. 3570. A bill to improve hydropower, and for other purposes; to the
Committee on Energy and Natural Resources.
Ms. MURKOWSKI. Mr. President, I rise today to introduce two pieces of
legislation aimed at increasing the production of our hardest working
renewable resource, one that often gets overlooked in the clean energy
debate--hydropower. The first bill I would like to
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introduce today is the Hydropower Improvement Act of 2010, co-sponsored
by my colleagues Senators Murray, Cantwell, and Crapo, true hydropower
advocates. The Hydropower Improvement Act of 2010 seeks to
substantially increase the capacity and generation of our clean,
renewable hydropower resources that will improve environmental quality
and support hundreds of thousands of green energy jobs.
There is no question that hydropower is, and must continue to be,
part of our energy solution. It is the largest source of renewable
electricity in the United States. The 96,000 megawatts of hydroelectric
capacity we now have today provide about 7 percent of the Nation's
electricity needs. Hydroelectric generation is carbon-free baseload
power that allows us to avoid 225 million metric tons of carbon
emissions each year. Hydropower is clean efficient, and inexpensive.
Yet, despite its tremendous benefits, I am constantly amazed at how
some undervalue this important resource.
Perhaps it is because conventional wisdom dismisses our Nation's
hydropower capacity as tapped out. That is simply not the case. If
anything, hydropower is really an under-developed resource--something
we certainly understand in my home state of Alaska where hydro already
supplies 24 percent of the state's electricity needs and over 200
promising sites for further hydropower development have been
identified. There is great potential for additional hydropower
development in every State, not just Alaska.
According to the Obama administration, conventional hydropower
facilities have the capacity to generate an additional 75,000 megawatts
of power--a staggering amount of clean, inexpensive power. Now that
doesn't seem possible until you realize that only 3 percent of the
country's 80,000 existing dams are even electrified. Significant
amounts of new capacity--anywhere between 20,000 and 60,000 megawatts--
can be derived from simple efficiency improvements or capacity
additions at existing facilities.
Additional hydropower can be captured in existing man-made conduits
and hydroelectric pumped storage projects can help reliably integrate
other renewable resources that are intermittent, such as wind, onto our
grid.
The Hydropower Improvement Act of 2010 seeks to increase
substantially our nation's hydropower capacity in an effort to expand
renewable power generation and create much needed American jobs. The
legislation establishes a competitive grants program to support further
hydropower development and directs the Energy Department to produce and
implement a plan for the research, development and demonstration of
increased hydropower capacity. The bill provides the Federal Energy
Regulatory Commission with additional authority to extend preliminary
permit terms; to work with Federal resource agencies to streamline the
review process for conduit hydropower projects; and to conduct a Notice
of Inquiry into a possible two-year licensing process for certain
minimal impact projects. The Act also calls for studies on pumped
storage sites and the potential for nonfederal development at Bureau of
Reclamation facilities, and authorizes training for hydroelectric power
technology at community colleges.
It is my hope that as the Senate turns to energy legislation, we can
finally recognize the important contribution the renewable resource of
hydropower makes, and will continue to make, to our clean energy goals.
This legislation is supported by the National Hydropower Association,
the American Public Power Association, the Family Farm Alliance, the
National Rural Electric Cooperative Association, the Edison Electric
Institute, and the National Water Resources Association. I ask my
colleagues to join me in supporting the Hydropower Improvement Act of
2010 to promote the further development of our most cost-effective,
clean energy option while creating hundreds of thousands of new green
jobs.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3570
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hydropower
Improvement Act of 2010''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Sense of Congress on the use of hydropower renewable resources.
Sec. 5. Grants for improvements for increased hydropower production.
Sec. 6. Plan for research, development, and demonstration to increase
hydropower capacity.
Sec. 7. Notice of inquiry for minimal impact hydropower projects.
Sec. 8. FERC authority to extend preliminary permit terms.
Sec. 9. Streamlining review process for conduit hydropower projects.
Sec. 10. Non-Federal hydropower development at Bureau of Reclamation
projects.
Sec. 11. Pumped storage study.
Sec. 12. National Renewable Energy Deployment Program.
Sec. 13. Hydroelectric power worker training.
Sec. 14. Report on memorandum of understanding on hydropower.
Sec. 15. Nonapplication to Federal Power Marketing Administrations.
Sec. 16. Budgetary effects.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydropower is the largest source of clean, renewable
electricity in the United States;
(2) as of the date of enactment of this Act, hydropower
resources, including pumped storage facilities, provide--
(A) 7 percent of the electricity generated in the United
States, avoiding 225,000,000 metric tons of carbon emissions
each year; and
(B) approximately 96,000 megawatts of electric capacity in
the United States;
(3) only 3 percent of the 80,000 dams in the United States
generate electricity so there is substantial potential for
adding hydropower generation to nonpower dams;
(4) in every State, a tremendous untapped growth potential
exists in hydropower resources, including--
(A) efficiency improvements and capacity additions;
(B) adding generation to nonpower dams;
(C) conduit hydropower;
(D) conventional hydropower;
(E) pumped storage facilities; and
(F) new marine and hydrokinetic resources; and
(5) improvements in increased hydropower production in the
United States have the potential--
(A) to create hundreds of thousands of new green jobs
during the next 15 years;
(B) to increase the clean energy generation of the United
States; and
(C) to provide ancillary benefits that include grid
reliability, energy storage, and integration services for
variable renewable resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conduit.--The term ``conduit'' means any tunnel, canal,
pipeline, aqueduct, flume, ditch, or similar manmade water
conveyance that is operated for the distribution of water for
agricultural, municipal, or industrial consumption and not
primarily for the generation of electricity.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. SENSE OF CONGRESS ON THE USE OF HYDROPOWER RENEWABLE
RESOURCES.
It is the sense of Congress that the United States should
increase substantially the capacity and generation of clean,
renewable hydropower resources which will improve
environmental quality in the United States and support
hundreds of thousands of green energy jobs.
SEC. 5. GRANTS FOR IMPROVEMENTS FOR INCREASED HYDROPOWER
PRODUCTION.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish in the
Department of Energy a program under which the Secretary
shall make competitive grants to eligible entities that--
(1) make efficiency improvements or capacity additions at
an existing hydroelectric power generating facility;
(2) add hydropower generation to a nonpower dam;
(3) develop pumped storage facilities;
(4) address aging infrastructure at existing hydroelectric
power generating facilities; and
(5) develop hydroelectric generation within existing
conduits.
(b) Administration.--
(1) In general.--The Secretary shall establish terms and
conditions, including eligibility, for the receipt of grants
under this section.
(2) Inclusions.--In carrying out this section, the
Secretary shall ensure that powerhouses and projects that
require new dam infrastructure are included among the
eligible entities that may receive grants under this section.
(c) Cost Sharing.--The Secretary shall carry out the
program under this section in compliance with sections 988
and 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352,
16353).
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(d) Funding.--From amounts made available under section
625(e) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17204(e)), the Secretary may use to carry out this
section $50,000,000 for each of fiscal years 2011 through
2015, of which not more than 20 percent of the amount made
available for a fiscal year may be used to carry out an
individual project.
SEC. 6. PLAN FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION TO
INCREASE HYDROPOWER CAPACITY.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall establish, and
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the
House of Representatives, a plan--
(1) to facilitate through technology research, development,
and demonstration the increased use of hydropower renewable
resources in accordance with section 4; and
(2) to coordinate research and development on advanced
hydropower technologies.
(b) Administration.--The Secretary shall--
(1) implement the plan established under this section as
soon as practicable after the date of enactment of this Act;
and
(2) review and update the plan on an annual basis.
(c) Cost Sharing.--The Secretary shall carry out the
program under this section in compliance with sections 988
and 989 of the Energy Policy Act of 2005 (42 U.S.C. 16352,
16353).
(d) Coordination.--The Secretary shall coordinate, to the
maximum extent practicable, activities under this section
with other programs of the Department of Energy and other
Federal research programs.
(e) Funding.--From amounts made available under section
401(a) of the American Clean Energy Leadership Act of 2009,
the Secretary may use to carry out this section $50,000,000
for each of fiscal years 2011 through 2015.
SEC. 7. NOTICE OF INQUIRY FOR MINIMAL IMPACT HYDROPOWER
PROJECTS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Minimal impact hydropower project.--The term ``minimal
impact hydropower project'' means--
(A) the addition of hydropower generation to an existing
nonpower dam if the addition of the project will not cause
any significant environmental impact; or
(B) closed-loop hydropower storage that does not require
any change in an existing diversion or impoundment of a
river, and otherwise will not cause any significant
environmental impacts under applicable law.
(b) Notice of Inquiry.--Not later than 180 days after the
date of enactment of this section, the Commission shall issue
a notice of inquiry for the licensing of proposed minimal
impact hydropower projects that take not more than 2 years
from the beginning of the prefiling licensing process to the
issuance of a license by the Commission.
(c) Report.--Not later than 180 days after the completion
of the notice of inquiry under subsection (b), the Commission
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that describes the results
of the notice of inquiry.
SEC. 8. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT TERMS.
Section 5 of the Federal Power Act (16 U.S.C. 798) is
amended--
(1) by designating the first, second, and third sentences
as subsections (a), (c), and (d), respectively; and
(2) by inserting after subsection (a) (as so designated)
the following:
``(b) Extension.--The Commission may extend the term of a
preliminary permit once for not more than 2 additional years
if the Commission finds that the permittee has carried out
activities under the permit in good faith and with reasonable
diligence.''.
SEC. 9. STREAMLINING REVIEW PROCESS FOR CONDUIT HYDROPOWER
PROJECTS.
(a) In General.--Section 30 of the Federal Power Act (16
U.S.C. 823a) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) is located on non-Federal lands or Federal lands; and
``(2) uses for the generation only the hydroelectric
potential of a conduit.''; and
(2) by adding at the end the following:
``(f) Savings Clause.--This section shall not apply to any
reclamation projects under which hydroelectric power
development has been reserved--
``(1) under Federal law or by regulation or order,
exclusively for development under Federal reclamation law; or
``(2) for non-Federal development under reclamation law.
``(g) Definition of Conduit.--In this section, the term
`conduit' means any tunnel, canal, pipeline, aqueduct, flume,
ditch, or similar manmade water conveyance that is operated
for the distribution of water for agricultural, municipal, or
industrial consumption and not primarily for the generation
of electricity.''.
(b) Memorandum of Understanding on Conduit Hydropower
Projects.--Not later than 180 days after the date of
enactment of this Act, the Federal Energy Regulatory
Commission shall enter into a memorandum of understanding
with relevant Federal agencies that have conditioning
authority under section 30(c)(1) of the Federal Power Act (16
U.S.C.823a(c)(1))--
(1) to establish a coordinated and streamlined approach to
any environmental impact statement or similar analysis
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) relating to the consideration of
conduit hydropower projects; and
(2) to develop and carry out an expedited approval process
for conduit hydropower projects.
(c) Public Workshops and Pilot Projects on Conduit
Hydropower Projects.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commissioner of Reclamation and
the Federal Energy Regulatory Commission shall conduct 3
public workshops with relevant stakeholders, including water
users and the environmental community, to identify ways in
which the conduit approval process may be modified--
(A) to reduce barriers to conduit hydropower projects,
including barriers created by project costs or the timeframe
for approval and maintain adequate environmental, health, and
safety protections; and
(B) to develop pilot projects in conjunction with voluntary
participants to demonstrate flexible and innovative ways to
reduce barriers to conduit hydropower while maintaining
adequate environmental, health, and safety protections.
(2) Report.--Not later than 180 days after the date of the
completion of the workshops under paragraph (1), the
Commissioner of Reclamation and the Federal Energy Regulatory
Commission shall submit to the appropriate committees of
Congress a report that describes any recommendations for the
conduit approval process developed in the workshops and pilot
projects described in paragraph (1).
(3) Funding.--From amounts made available under section
9503(f) of the Omnibus Public Land Management Act of 2009 (42
U.S.C. 10363(f)), the Secretary may use to carry out pilot
projects described in paragraph (1)(B) $5,000,000 for the
period of fiscal years 2011 through 2015, to remain available
until expended.
SEC. 10. NON-FEDERAL HYDROPOWER DEVELOPMENT AT BUREAU OF
RECLAMATION PROJECTS.
(a) Study of Non-Federal Hydropower Development at Bureau
of Reclamation Projects.--Not later than 180 days after the
date of enactment of this section, the Commissioner of
Reclamation (in consultation with the Federal Energy
Regulatory Commission, preference power customers, water
users, and other interested stakeholders) shall--
(1) conduct a study of barriers to non-Federal hydropower
development at Bureau of Reclamation projects; and
(2) report to Congress the results of the study.
(b) Memorandum of Understanding.--Not later than 180 days
after the date of enactment of this section, the Commissioner
of Reclamation and the Federal Energy Regulatory Commission
shall develop and issue a revised interagency memorandum of
understanding to improve the coordination and timeliness of
the non-Federal development of hydropower resources at Bureau
of Reclamation projects.
SEC. 11. PUMPED STORAGE STUDY.
(a) In General.--The Secretary, in coordination with the
Director of the United States Geological Survey, shall
conduct a study (including identification) of Federal land
that is well-suited for pumped storage sites and is located
near existing or potential sites of intermittent renewable
resource development, such as wind farms.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study conducted under subsection (a), including any
recommendations.
SEC. 12. NATIONAL RENEWABLE ENERGY DEPLOYMENT PROGRAM.
(a) In General.--Section 803 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17282) is amended by striking
the section heading and inserting ``NATIONAL RENEWABLE ENERGY
DEPLOYMENT PROGRAM''.
(b) Definitions.--Section 803(a) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17282(a)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(3) in paragraph (3)(B)(iv) (as so redesignated), by
striking ``Alaska small''.
(c) Renewable Energy Construction Grants.--Section 803(b)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17282(b)) is amended--
(1) in paragraph (1), by inserting ``establish a national
renewable energy construction grants program under which the
Secretary shall'' after ``shall''; and
(2) by adding at the end the following:
``(5) Priority.--In making grants to eligible applicants to
carry out renewable energy projects under this section, the
Secretary shall give priority to applicants that--
``(A) have power costs that are 125 percent or more of
average national retail costs; or
``(B) will use the grant to construct renewable electricity
projects to replace fossil fuel projects.''.
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SEC. 13. HYDROELECTRIC POWER WORKER TRAINING.
Section 439(b) of the American Clean Energy Leadership Act
of 2009 is amended in the second sentence--
(1) in paragraph (6), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) hydroelectric power technology.''.
SEC. 14. REPORT ON MEMORANDUM OF UNDERSTANDING ON HYDROPOWER.
Not later than 18 months after the date of enactment of
this Act, the President shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report on actions taken by the Department of Energy, the
Department of the Interior, and the Corps of Engineers to
carry out the memorandum of understanding on hydropower
entered into on March 24, 2010, with particular emphasis on
actions taken by the agencies to work together and
investigate ways to efficiently and responsibly facilitate
the Federal permitting process for Federal and non-Federal
hydropower projects at Federal facilities, within existing
authority.
SEC. 15. NONAPPLICATION TO FEDERAL POWER MARKETING
ADMINISTRATIONS.
(a) In General.--This Act and the amendments made by this
Act shall not--
(1) apply to a hydroelectric project that provides power
marketed by a Federal Power Marketing Administration; or
(2) impact any additions, improvements, or replacements of
hydroelectric generation at Federal projects carried out by a
Federal Power Marketing Administration.
(b) Modifications.--Nothing in this Act limits the
authority under existing law of a Federal Power Marketing
Administrator in the event that operations at Federal
projects with hydropower facilities are modified.
SEC. 16. BUDGETARY EFFECTS.
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 Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
______