[Congressional Record Volume 156, Number 103 (Tuesday, July 13, 2010)]
[Senate]
[Pages S5787-S5792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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
[[Page S5788]]
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).
[[Page S5789]]
(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.''.
[[Page S5790]]
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.
______
By Ms. MURKOWSKI:
S. 3571. A bill to extend certain Federal benefits and income tax
provisions to energy generated by hydropower resources; to the
Committee on Finance.
Ms. MURKOWSKI. Mr. President, today I introduce the Hydropower
Renewable Energy Development Act of 2010. This is legislation to extend
certain benefits and income tax provisions to energy generated by
hydropower resources.
We have an incredible amount of hydropower potential in my home State
of Alaska. To date, we have almost 50 hydropower projects--in a range
of sizes from the 126-megawatt Bradley Lake project to the 7-kilowatt
Walsh Creek project--that produce about 24 percent of the State's
electricity needs. Alaska is proof that the hydropower resource is not
tapped out--not even close. Currently, there are 32 additional
hydropower projects, just in Southeast, that are either under
construction or on the drawing boards. Statewide there are another 200
areas that have been identified as promising sites for lake taps, run
of river, pumped storage and even new hydroelectric reservoirs. With
the proper financing, we could keep a dozen hydro construction
companies fully employed in the State for a decade or even longer. That
is just in Alaska. There are tremendous opportunities in each and every
State to further develop this clean energy alternative.
Hydropower, by definition, is a renewable resource. It produces no
carbon emissions and through rainfall and melting snowpacks it is able
to be replenished. Yet there are some who would deny this important
classification to the hydropower resource. The Hydropower Renewable
Energy Development Act of 2010 directs that the generation of
hydroelectric power be treated as a ``renewable'' resource for purposes
of any Federal program or standard. This reclassification of
hydroelectric generation should help to incent the further production
of this important and often undervalued resource.
Next, the bill provides parity treatment for hydropower resources in
the Production Tax Credit, PTC. Currently, companies that generate
wind, solar, geothermal, and ``closed-loop'' biomass systems are
eligible for the PTC which provides a 2.1 cent per kilowatt-hour, kWh,
benefit for the first 10 years of a renewable energy facility's
operation. Other technologies, such as incremental hydropower, certain
generation at non-power facilities, and wave and tidal receive a lesser
value tax credit of 1.0 cent per kWh. The Hydropower Renewable Energy
Development Act of 2010 eliminates the distinction between the two
categories so that all qualified hydropower resources receive the full
PTC credit. The bill further expands upon the types of hydropower
resources that can qualify for the PTC, allowing new hydro generation,
small hydropower under 50 megawatts, lake taps, and pumped storage to
qualify as well.
The Hydropower Renewable Energy Development Act of 2010 also carries
this expanded qualification of hydropower to the Clean Renewable Energy
Bonds, CREBS, program. Because non-profits like rural electric
cooperatives and public power providers are not eligible for the PTC
due to their tax-exempt status, CREBS was created to encourage these
entities to undertake renewable energy development as well. This
program has been wildly popular and has been oversubscribed since its
inception. There are endless possibilities for increased hydropower
production by electric cooperatives and public power providers and they
should be given the proper financial incentive to do so.
I ask my colleagues to support this hydropower tax legislation. The
further development of this untapped renewable resource will help us
meet our clean energy goals through the generation of carbon-free,
baseload power. At a time of record unemployment, the addition of
hydropower capacity throughout the Nation will lead to hundreds of
thousands of good paying, domestic 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. 3571
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 ``Hydropower Renewable Energy
Development Act of 2010''.
SEC. 2. HYDROELECTRIC ENERGY TREATED AS RENEWABLE ENERGY.
Notwithstanding any other provision of law or regulation,
for purposes of any Federal program or standard, the term
``renewable energy'' shall include hydroelectric energy
generated in the United States by a hydroelectric facility,
including electric power produced by efficiency improvements
and capacity additions, generation added to nonpower dams,
conduits, pumped storage facilities, marine and hydrokinetic
resources, and conventional hydropower.
SEC. 3. PRODUCTION TAX CREDIT FOR HYDROPOWER RESOURCES.
(a) In General.--Subparagraph (A) of section 45(c)(8) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of clause (i),
(2) by striking the period at the end of clause (ii) and
inserting ``, and'', and
(3) by adding at the end the following new clause:
``(iii) in the case of any hydropower facility described in
subparagraph (D), the hydropower production from the facility
for the taxable year.''.
(b) Production.--Paragraph (8) of section 45(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(D) Other hydropower production facilities.--For purposes
of subparagraph (A), a facility is described in this
subparagraph if such facility--
``(i) is a hydroelectric dam or nonhydroelectric dam--
``(I) which is placed in service after the date of the
enactment of the Hydropower Renewable Energy Development Act
of 2010, and
``(II) which would be described in subparagraph (A)(i) or
(C) but for the placed in service date,
``(ii) is a hydroelectric facility not described in clause
(i) which has a nameplate capacity rating of less than 50
megawatts, or
``(iii) is not described in clause (i) or (ii) and
generates energy through the use of a lake tap or pumped
storage.''.
(c) Qualified Facilities.--Paragraph (9) of section 45(d)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(9) Qualified hydropower facility.--
``(A) Incremental hydropower production.--In the case of a
facility described in subsection (c)(8), without regard to
subparagraph (C) or (D) thereof, which produces incremental
hydropower production, the term `qualified facility' means
such facility but only to the extent of such incremental
hydropower production attributable to efficiency improvements
or additions to capacity described in subsection (c)(8)(B)
placed in service after August 8, 2005, and before January 1,
2014.
[[Page S5791]]
``(B) Production from certain nonhydroelectric dams.--In
the case of a facility described in subsection (c)(8)(C)
which produces qualified hydropower production, the term
`qualified facility' means any such facility placed in
service after August 8, 2005, and before January 1, 2014.
``(C) Production from other hydropower facilities.--In the
case of qualified hydropower production at a facility after
the date of the enactment of the Hydropower Renewable Energy
Development Act of 2010, the term `qualified facility'
includes any such facility which is described in subsection
(c)(8)(D).
``(D) Credit period.--In the case of a qualified facility
described in subparagraph (A), the 10-year period referred to
in subsection (a) shall be treated as beginning on the date
the efficiency improvements or additions to capacity are
placed in service.''.
(d) Increase in Credit Rate.--Subparagraph (A) of section
45(b)(4) of the Internal Revenue Code of 1986 is amended by
striking ``(9),''.
(e) Effective Date.--The amendments made by this section
shall apply to electricity produced after the date of the
enactment of this Act.
______
By Mr. DURBIN (for himself, Mr. Sessions, Mr. Dodd, Mr. Brown of
Ohio, Mr. Vitter, and Mr. Alexander):
S. 3575. A bill to amend and reauthorize the controlled substance
monitoring program under section 3990 of the Public Health Service Act
and to authorize the Secretary of Veterans Affairs to share information
about the use of controlled substances by veterans with State
prescription monitoring programs to prevent misuse and diversion of
prescription medicines; to the Committee on Health, Education, Labor,
and Pensions.
Mr. DURBIN. Mr. President, the nonmedical use and abuse of
prescription drugs is a serious and growing public health problem in
this country. The 2008 National Survey on Drug Use and Health showed
that more than 15 million Americans had used prescription
psychotherapeutic drugs non-medically in the past year. That is more
than 6 percent of the U.S. population. More than 20 percent of
Americans had abused these drugs during their lifetime. The Substance
Abuse and Mental Health Services Agency, SAMHSA, estimates that half a
million residents in my home State of Illinois are using prescription
drugs illegally and in ways that can lead to dependence and even death.
Since 1999, abuse, misuse, and overdose of prescription drugs has
increased, and the health consequences are significant. Each year, more
than 20,000 people in the United States die from drug overdose.
Illinois hospitals report an increase in patients visiting Emergency
Departments because of prescription drug misuse. From 2003 to 2007,
Chicago area hospitals saw the number of visits for pain medication
misuse more than double and visits for sedative misuse quadruple.
The trends among teens are especially worrisome. Prescription pain
relievers are the second most common drugs used as gateway drugs among
teens. Over the past decade, there has been a 300 percent increase in
the number of teens seeking treatment for addiction to prescription
painkillers.
To address this threat to public health, my colleague Senator
Sessions and I worked together to enact Public Law 109-60, the National
All Schedules Prescription Electronic Reporting Act of 2005, NASPER.
This program provides grants through the Department of Health and Human
Services to establish or improve State-based prescription drug
monitoring programs, PDMPs. The first grants were awarded through
NASPER beginning in fiscal year 09, and currently over 40 States are
operating PDMPs or have enacted legislation to establish them.
While each State's program is unique, in general they require that
pharmacies, physicians or both submit information to a central office
within the State on prescriptions dispensed for certain controlled
substances--narcotics, stimulants, sedatives, depressants, etc. By
creating these systems, States can ensure that health care providers,
law enforcement officials and other regulatory and licensing bodies
have access to accurate, timely prescription history information as
permitted by law.
The data in these systems can be used for many purposes: to assist in
the early identification of patients at risk for addiction, prevent
patients from doctor shopping, and help with investigations of drug
diversion and errant prescribing or dispensing practices by pharmacists
or medical providers.
In my home State of Illinois, the State PDMP is called Prescription
Information Library, PIL. The State was awarded a NASPER grant in
fiscal year 09, which allowed it to expand and improve its program. In
the month of June 2010 alone, the PIL website was used by over 3,600
doctors, pharmacists and other registered users who made over 24,000
visits to the site. In addition, the number of law enforcement requests
for information from PIL increased from 16 in 2007 to 321 in 2009. Use
of the program continues to grow--in the first 6 months of 2010, law
enforcement officials have already made 271 requests for information
from the database. The growth of the Illinois program demonstrates that
it is valuable tool for protecting public health and safety by
identifying people at risk for prescription drug abuse and doctors who
betray the high ethical standards of their profession by over or
incorrectly prescribing prescription drugs.
Today, along with Senator Sessions and several other colleagues, I am
introducing the National All Schedules Prescription Electronic Reposing
Reauthorization Act of 2010. This bill reauthorizes and extends this
vital program for 5 more years at $15 million for fiscal year 2011 and
$10 million each year thereafter. It also makes small changes to
improve and strengthen the program, including allowing grants to be
made available to States to plan or maintain a PDMP in addition to
establishing or improving a program; requiring States to help educate
medical providers about the benefits of the systems and facilitate
their use of them; requiring, States to report aggregate data to the
Secretary to allow for evaluation of the success of the program;
allowing participation by the territories; and permitting the
Department of Veterans Affairs to share information about the use of
controlled substance by veterans with State PDMPs.
Reauthorizing the NASPER program for another 5 years with these
changes to improve its operation will assist States in combating abuse
and misuse of prescription drugs. This common-sense legislation has
bipartisan support, and I look forward to working with my colleagues to
enact it into law.
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. 3575
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 ``National All Schedules
Prescription Electronic Reporting Reauthorization Act of
2010''.
SEC. 2. AMENDMENT TO PURPOSE.
Paragraph (1) of section 2 of the National All Schedules
Prescription Electronic Reporting Act of 2005 (Public Law
109-60) is amended to read as follows:
``(1) foster the establishment of State-administered
controlled substance monitoring systems in order to ensure
that--
``(A) health care providers have access to the accurate,
timely prescription history information that they may use as
a tool for the early identification of patients at risk for
addiction in order to initiate appropriate medical
interventions and avert the tragic personal, family, and
community consequences of untreated addiction; and
``(B) appropriate law enforcement, regulatory, and State
professional licensing authorities have access to
prescription history information for the purposes of
investigating drug diversion and prescribing and dispensing
practices of errant prescribers or pharmacists; and''.
SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING
PROGRAM.
Section 399O of the Public Health Service Act (42 U.S.C.
280g-3) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'';
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) to maintain and operate an existing State controlled
substance monitoring program.'';
(2) by amending subsection (b) to read as follows:
``(b) Minimum Requirements.--The Secretary shall maintain
and, as appropriate, supplement or revise (after publishing
proposed additions and revisions in the Federal Register and
receiving public comments thereon) minimum requirements for
criteria to be used by States for purposes of clauses (ii),
(v), (vi), and (vii) of subsection (c)(1)(A).'';
[[Page S5792]]
(3) in subsection (c)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by striking
``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)'';
(ii) in clause (i), by striking ``program to be improved''
and inserting ``program to be improved or maintained''; and
(iii) in clause (iv), by striking ``public health'' and
inserting ``public health or public safety'';
(B) in paragraph (3)--
(i) by striking ``If a State that submits'' and inserting
the following:
``(A) In general.--If a State that submits'';
(ii) by inserting before the period at the end ``and
include timelines for full implementation of such
interoperability''; and
(iii) by adding at the end the following:
``(B) Monitoring of efforts.--The Secretary shall monitor
State efforts to achieve interoperability, as described in
subparagraph (A).'';
(C) in paragraph (5)--
(i) by striking ``implement or improve'' and inserting
``establish, improve, or maintain''; and
(ii) by adding at the end the following: ``The Secretary
shall redistribute any funds that are so returned among the
remaining grantees under this section in accordance with the
formula described in subsection (a)(2)(B).'';
(4) in the matter preceding paragraph (1) in subsection
(d), by striking ``In implementing or improving'' all that
follows through ``with the following:'' and inserting ``In
establishing, improving, or maintaining a controlled
substance monitoring program under this section, a State
shall comply, or with respect to a State that applies for a
grant under subsection (a)(1)(B) or (C) submit to the
Secretary for approval a statement of why such compliance is
not feasible and a plan for bringing the State into
compliance, with the following:'';
(5) in subsections (e), (f)(1), and (g), by striking
``implementing or improving'' each place it appears and
inserting ``establishing, improving, or maintaining'';
(6) in subsection (f)--
(A) in paragraph (1)(B) by striking ``misuse of a schedule
II, III, or IV substance'' and inserting ``misuse of a
controlled substance included in schedule II, III, or IV of
section 202(c) of the Controlled Substance Act''; and
(B) add at the end the following:
``(3) Evaluation and reporting.--Subject to subsection (g),
a State receiving a grant under subsection (a) shall provide
the Secretary with aggregate data and other information
determined by the Secretary to be necessary to enable the
Secretary--
``(A) to evaluate the success of the State's program in
achieving its purposes; or
``(B) to prepare and submit the report to Congress required
by subsection (k)(2).
``(4) Research by other entities.--A department, program,
or administration receiving nonidentifiable information under
paragraph (1)(D) may make such information available to other
entities for research purposes.'';
(7) by redesignating subsections (h) through (n) as
subsections (i) through (o), respectively;
(8) in subsections (c)(1)(A)(iv) and (d)(4), by striking
``subsection (h)'' each place it appears and inserting
``subsection (i)'';
(9) by inserting after subsection (g) the following:
``(h) Education and Access to the Monitoring System.--A
State receiving a grant under subsection (a) shall take steps
to--
``(1) facilitate prescriber use of the State's controlled
substance monitoring system; and
``(2) educate prescribers on the benefits of the system
both to them and society.'';
(10) in subsection (m)(1), as redesignated, by striking
``establishment, implementation, or improvement'' and
inserting ``establishment, improvement, or maintenance'';
(11) in subsection (n)(8), as redesignated, by striking
``and the District of Columbia'' and inserting ``, the
District of Columbia, and any commonwealth or territory of
the United States''; and
(12) by amending subsection (o), as redesignated, to read
as follows:
``(o) Authorization of Appropriation.--To carry out this
section, there are authorized to be appropriated $15,000,000
for fiscal year 2011 and $10,000,000 for each of fiscal years
2012 through 2015.''.
SEC. 4. AMENDMENTS TO TITLE 38.
(a) Exception With Respect to Confidential Nature of
Claims.--Section 5701 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(l) Under regulations the Secretary shall prescribe, the
Secretary may disclose information about a veteran or the
dependant of a veteran to a State controlled substance
monitoring program, including a program approved by the
Secretary of Health and Human Services under section 399O of
the Public Health Service Act (42 U.S.C. 280g-3), to the
extent necessary to prevent misuse and diversion of
prescription medicines.''.
(b) Exception With Respect to Confidentiality of Certain
Medical Records.--Section 7332(b)(2) of such title is amended
by adding at the end the following new subparagraph:
``(G) To a State controlled substance monitoring program,
including a program approved by the Secretary of Health and
Human Services under section 399O of the Public Health
Service Act (42 U.S.C. 280g-3), to the extent necessary to
prevent misuse and diversion of prescription medicines.''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the participation of the
Department of Veterans Affairs in State controlled substance
monitoring programs, including programs approved by the
Secretary of Health and Human Services under section 399O of
the Public Health Service Act (42 U.S.C. 280g-3).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A summary of the activities of the Department of
Veterans Affairs relating to programs described in paragraph
(1).
(B) A list of the programs described in paragraph (1) in
which the Department is participating.
(C) A description of how the Secretary determines which
programs described in paragraph (1) in which to participate.
(D) The status of the regulations, if any, prescribed by
the Secretary under section 5701(l) of title 38, United
States Code, as added by subsection (a) of this section.
Mr. DODD. Mr. President, I rise today in support of reauthorization
of the National All Schedules Prescription Electronic Drug Reporting
Act, NASPER, program critical to combating the abuse of prescription
drugs in our Nation. I am proud to once again join my colleagues
Senators Dick Durbin, Jeff Sessions, and Sherrod Brown on this
important legislation which would reauthorize the NASPER program.
In 2008, over 15 million Americans abused prescription drugs and
nearly 2 million of those Americans were between the ages of 12 and 17.
Further, the National Institute on Drug Abuse at the National
Institutes of Health found that last year more than 1 in 10 high school
seniors used a narcotic for nonmedical purposes. These statistics are
simply unacceptable. We must do more to address the issue of
prescription drug abuse in this country.
When used under the supervision of a medical professional
prescription drugs can be life saving but when they are abused they can
become life-threatening. NASPER will help prevent unnecessary deaths by
allowing credentialed professionals access to key information regarding
prescriptions for many controlled substances. This access will help
prevent doctor shopping and will help health professionals to more
closely monitor the prescriptions being issued to their patients.
NASPER is a valuable tool available to states to help detect and
prevent abuse of prescription drugs. Reauthorization of this program
will allow states to establish, maintain, and grow their own electronic
prescription drug monitoring programs. Beyond this it will help states
establish linkages to surrounding states so that information can be
more easily shared, making doctor shopping across state lines more
difficult.
I am proud of the work that is going on in my own state of
Connecticut around this issue. Our Drug Control Division within the
Department of Consumer Protection has worked tirelessly to build a
successful prescription drug monitoring program. This program has
helped to not only prevent abuse of prescription drugs but it has
helped to detect and prevent abuse of critical programs such as
Medicare and Medicaid. In one case, an investigation of a pharmacist
fraudulently billing Medicaid and Medicare resulted in a settlement
with the government for $340,000.
As you can see NASPER is an important tool we cannot afford to lose
and I urge my colleagues to join me in supporting this important
legislation.
____________________