[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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