[Congressional Record Volume 159, Number 22 (Tuesday, February 12, 2013)]
[House]
[Pages H439-H441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              HYDROPOWER REGULATORY EFFICIENCY ACT OF 2013

  Mr. WHITFIELD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 267) to improve hydropower, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 267

       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 
     Regulatory Efficiency Act of 2013''.
       (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. Promoting small hydroelectric power projects.
Sec. 4. Promoting conduit hydropower projects.
Sec. 5. FERC authority to extend preliminary permit periods.
Sec. 6. Promoting hydropower development at nonpowered dams and closed 
              loop pumped storage projects.
Sec. 7. DOE study of pumped storage and potential hydropower from 
              conduits.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the hydropower industry currently employs approximately 
     300,000 workers across the United States;
       (2) hydropower is the largest source of clean, renewable 
     electricity in the United States;
       (3) as of the date of enactment of this Act, hydropower 
     resources, including pumped storage facilities, provide--
       (A) nearly 7 percent of the electricity generated in the 
     United States; and
       (B) approximately 100,000 megawatts of electric capacity in 
     the United States;
       (4) only 3 percent of the 80,000 dams in the United States 
     generate electricity, so there is substantial potential for 
     adding hydropower generation to nonpowered dams; and
       (5) according to one study, by utilizing currently untapped 
     resources, the United States could add approximately 60,000 
     megawatts of new hydropower capacity by 2025, which could 
     create 700,000 new jobs over the next 13 years.

     SEC. 3. PROMOTING SMALL HYDROELECTRIC POWER PROJECTS.

       Subsection (d) of section 405 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2705) is amended 
     by striking ``5,000'' and inserting ``10,000''.

     SEC. 4. PROMOTING CONDUIT HYDROPOWER PROJECTS.

       (a) Applicability of, and Exemption From, Licensing 
     Requirements.--Section 30 of the Federal Power Act (16 U.S.C. 
     823a) is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a)(1) A qualifying conduit hydropower facility shall not 
     be required to be licensed under this part.
       ``(2)(A) Any person, State, or municipality proposing to 
     construct a qualifying conduit hydropower facility shall file 
     with the Commission a notice of intent to construct such 
     facility. The notice shall include sufficient information to 
     demonstrate that the facility meets the qualifying criteria.
       ``(B) Not later than 15 days after receipt of a notice of 
     intent filed under subparagraph (A), the Commission shall--
       ``(i) make an initial determination as to whether the 
     facility meets the qualifying criteria; and
       ``(ii) if the Commission makes an initial determination, 
     pursuant to clause (i), that the facility meets the 
     qualifying criteria, publish public notice of the notice of 
     intent filed under subparagraph (A).
       ``(C) If, not later than 45 days after the date of 
     publication of the public notice described in subparagraph 
     (B)(ii)--
       ``(i) an entity contests whether the facility meets the 
     qualifying criteria, the Commission shall promptly issue a 
     written determination as to whether the facility meets such 
     criteria; or
       ``(ii) no entity contests whether the facility meets the 
     qualifying criteria, the facility shall be deemed to meet 
     such criteria.
       ``(3) For purposes of this section:
       ``(A) 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) The term `qualifying conduit hydropower facility' 
     means a facility (not including any dam or other impoundment) 
     that is determined or deemed under paragraph (2)(C) to meet 
     the qualifying criteria.
       ``(C) The term `qualifying criteria' means, with respect to 
     a facility--
       ``(i) the facility is constructed, operated, or maintained 
     for the generation of electric power and uses for such 
     generation only the hydroelectric potential of a non-
     federally owned conduit;
       ``(ii) the facility has an installed capacity that does not 
     exceed 5 megawatts; and
       ``(iii) on or before the date of enactment of the 
     Hydropower Regulatory Efficiency Act of 2013, the facility is 
     not licensed under, or exempted from the license requirements 
     contained in, this part.
       ``(b) Subject to subsection (c), the Commission may grant 
     an exemption in whole or in part from the requirements of 
     this part, including any license requirements contained in 
     this part, to any facility (not including any dam or other 
     impoundment) constructed, operated, or maintained for the 
     generation of electric power which the Commission determines, 
     by rule or order--
       ``(1) utilizes for such generation only the hydroelectric 
     potential of a conduit; and
       ``(2) has an installed capacity that does not exceed 40 
     megawatts.'';
       (2) in subsection (c), by striking ``subsection (a)'' and 
     inserting ``subsection (b)''; and
       (3) in subsection (d), by striking ``subsection (a)'' and 
     inserting ``subsection (b)''.
       (b) Conforming Amendment.--Subsection (d) of section 405 of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2705), as amended, is further amended by striking 
     ``subsection (a) of such section 30'' and inserting 
     ``subsection (b) of such section 30''.

     SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT PERIODS.

       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) The Commission may extend the period of a preliminary 
     permit once for not more than 2 additional years beyond the 3 
     years permitted by subsection (a) if the Commission finds 
     that the permittee has carried out activities under such 
     permit in good faith and with reasonable diligence.''.

     SEC. 6. PROMOTING HYDROPOWER DEVELOPMENT AT NONPOWERED DAMS 
                   AND CLOSED LOOP PUMPED STORAGE PROJECTS.

       (a) In General.--To improve the regulatory process and 
     reduce delays and costs for hydropower development at 
     nonpowered dams and closed loop pumped storage projects, the 
     Federal Energy Regulatory Commission (referred to in this 
     section as the ``Commission'') shall investigate the 
     feasibility of the issuance of a license for hydropower 
     development at nonpowered dams and closed loop pumped storage 
     projects in a 2-year period (referred to in this section as a 
     ``2-year process''). Such a 2-year process shall include any 
     prefiling licensing process of the Commission.
       (b) Workshops and Pilots.--The Commission shall--
       (1) not later than 60 days after the date of enactment of 
     this Act, hold an initial workshop to solicit public comment 
     and recommendations on how to implement a 2-year process;
       (2) develop criteria for identifying projects featuring 
     hydropower development at nonpowered dams and closed loop 
     pumped storage projects that may be appropriate for licensing 
     within a 2-year process;
       (3) not later than 180 days after the date of enactment of 
     this Act, develop and implement pilot projects to test a 2-
     year process, if practicable; and
       (4) not later than 3 years after the date of implementation 
     of the final pilot project testing a 2-year process, hold a 
     final workshop to solicit public comment on the effectiveness 
     of each tested 2-year process.
       (c) Memorandum of Understanding.--The Commission shall, to 
     the extent practicable, enter into a memorandum of 
     understanding with any applicable Federal or State agency to 
     implement a pilot project described in subsection (b).

[[Page H440]]

       (d) Reports.--
       (1) Pilot projects not implemented.--If the Commission 
     determines that no pilot project described in subsection (b) 
     is practicable because no 2-year process is practicable, not 
     later than 240 days after the date of enactment of this Act, 
     the Commission shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Energy and Natural Resources of the Senate a report that--
       (A) describes the public comments received as part of the 
     initial workshop held under subsection (b)(1); and
       (B) identifies the process, legal, environmental, economic, 
     and other issues that justify the determination of the 
     Commission that no 2-year process is practicable, with 
     recommendations on how Congress may address or remedy the 
     identified issues.
       (2) Pilot projects implemented.--If the Commission develops 
     and implements pilot projects involving a 2-year process, not 
     later than 60 days after the date of completion of the final 
     workshop held under subsection (b)(4), the Commission shall 
     submit to the Committee on Energy and Commerce of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report that--
       (A) describes the outcomes of the pilot projects;
       (B) describes the public comments from the final workshop 
     on the effectiveness of each tested 2-year process; and
       (C)(i) outlines how the Commission will adopt policies 
     under existing law (including regulations) that result in a 
     2-year process for appropriate projects;
       (ii) outlines how the Commission will issue new regulations 
     to adopt a 2-year process for appropriate projects; or
       (iii) identifies the process, legal, environmental, 
     economic, and other issues that justify a determination of 
     the Commission that no 2-year process is practicable, with 
     recommendations on how Congress may address or remedy the 
     identified issues.

     SEC. 7. DOE STUDY OF PUMPED STORAGE AND POTENTIAL HYDROPOWER 
                   FROM CONDUITS.

       (a) In General.--The Secretary of Energy shall conduct a 
     study--
       (1)(A) of the technical flexibility that existing pumped 
     storage facilities can provide to support intermittent 
     renewable electric energy generation, including the potential 
     for such existing facilities to be upgraded or retrofitted 
     with advanced commercially available technology; and
       (B) of the technical potential of existing pumped storage 
     facilities and new advanced pumped storage facilities, to 
     provide grid reliability benefits; and
       (2)(A) to identify the range of opportunities for 
     hydropower that may be obtained from conduits (as defined by 
     the Secretary) in the United States; and
       (B) through case studies, to assess amounts of potential 
     energy generation from such conduit hydropower projects.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report that describes the results 
     of the study conducted under subsection (a), including any 
     recommendations.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kentucky (Mr. Whitfield) and the gentleman from New Mexico (Mr. Ben Ray 
Lujan) each will control 20 minutes.
  The Chair recognizes the gentleman from Kentucky.


                             General Leave

  Mr. WHITFIELD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on H.R. 267.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 267 is the result of the bipartisan effort of Congresswoman 
Cathy McMorris Rodgers and Congresswoman Diana DeGette, both members of 
the Energy and Commerce Committee. They've worked long and hard on this 
legislation. It has great promise for increased hydropower development 
across the Nation, and we're delighted to bring it to the floor today.
  At this time, I would like to yield 2 minutes to the gentlelady from 
Washington (Mrs. McMorris Rodgers).
  Mrs. McMORRIS RODGERS. Mr. Speaker, I rise in strong support of H.R. 
267, the Hydropower Regulatory Efficiency Act of 2013, which I 
introduced with my good friend from Colorado, Representative Diana 
DeGette.

                              {time}  1420

  As we continue to advance an all-of-the-above energy strategy, we 
must remember to include our Nation's largest, cleanest, most 
affordable, reliable, and renewable energy source--hydropower.
  Sustainable hydropower is a part of a strong economy, and to see the 
potential and the benefits of hydropower, all you have to do is look at 
my home State of Washington State. Over 75 percent of our electricity 
comes from hydropower. It's clean and it's renewable.
  The Columbia and Snake River dams in eastern and central Washington 
transformed our economy. What was once a dry, barren desert with 
sagebrush is one of the most productive agriculture regions in the 
world. And because of low-cost hydropower, we've attracted high-tech 
companies like Google and Yahoo to relocate their servers in eastern 
Washington. We've also brought manufacturing facilities like the BMW 
plant, which is in Moses Lake.
  However, the regulatory process for hydropower, particularly for 
these smaller, controversial projects, is broken. Too often the cost of 
complying exceeds the cost of the equipment itself. We need to make 
this process easier and less costly, and that's what this legislation 
will do. Think of it as the 1040-EZ for hydro permitting. H.R. 267 
streamlines the hydropower permitting process, reducing the burdens 
impeding development and getting low-cost power to communities faster.
  Mr. Speaker, most agree with the goal of energy independence and 
continuing the energy revolution. As part of an all-of-the-above 
strategy, we need to domestically produce more oil, coal, natural gas, 
and renewable energies like hydropower.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. WHITFIELD. I yield the gentlewoman an additional 3 minutes.
  Mrs. McMORRIS RODGERS. There was a recent study by the National 
Hydropower Association that showed we could double hydropower 
production in this country without building a new dam, simply by 
investing in new technologies, new turbines. Actually, only 3 percent 
of the dams in the country produce electricity.
  We could also, in this process, create 700,000 jobs. Unleashing 
American ingenuity to increase hydropower production will lower energy 
costs and help create thousands of jobs.
  Mr. Speaker, I urge all of my colleagues to support American energy 
and support H.R. 267.
  Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, I yield myself such 
time as I may consume.
  H.R. 267 is a bipartisan bill that will facilitate the development of 
new, environmentally responsible hydropower projects. The bill was 
introduced by Mrs. McMorris Rodgers and Ms. Diana DeGette. It was 
developed through a cooperative process that included extensive 
discussions with interested stakeholders and agencies.
  This process was produced in a balanced, bipartisan way, and it is 
bipartisan legislation. The legislation is supported by both hydropower 
developers and environmentalists. It was unanimously reported out of 
the Energy and Commerce Committee, and last Congress, the House passed 
an identical bill by a vote of 382-0.
  I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WHITFIELD. Mr. Speaker, I reserve the balance of my time.
  Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, I'd ask if the majority 
has any additional speakers.
  Mr. WHITFIELD. We have no additional speakers.
  Mr. BEN RAY LUJAN of New Mexico. Mr. Speaker, I yield back the 
balance of my time.
  Mr. WHITFIELD. I just want to say, in conclusion, how much we enjoyed 
working with both sides of the aisle on this issue. I want to thank 
Cathy McMorris Rodgers and Diana DeGette.
  The Nation will benefit from this legislation because, as has already 
been said, hydropower is a clean, efficient, abundant, and affordable 
source of energy. And I urge people to support this legislation.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Kentucky (Mr. Whitfield) that the House suspend the 
rules and pass the bill, H.R. 267.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.

[[Page H441]]

  Mr. WHITFIELD. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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