[Congressional Record Volume 163, Number 202 (Tuesday, December 12, 2017)]
[House]
[Pages H9809-H9812]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED DAMS ACT
Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2872) to amend the Federal Power Act to promote hydropower
development at existing nonpowered dams, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2872
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 ``Promoting Hydropower
Development at Existing Nonpowered Dams Act''.
SEC. 2. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING
NONPOWERED DAMS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is
amended by adding at the end the following:
``SEC. 34. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING
NONPOWERED DAMS.
``(a) Expedited Licensing Process for Non-Federal
Hydropower Projects at Existing Nonpowered Dams.--
``(1) In general.--As provided in this section, the
Commission may issue and amend licenses and preliminary
permits, as appropriate, for any facility the Commission
determines is a qualifying facility.
``(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses and preliminary permits for qualifying facilities
under this section.
``(3) Interagency task force.--In establishing the
expedited process under this section, the Commission shall
convene an interagency task force, with appropriate Federal
and State agencies and Indian tribes represented, to
coordinate the regulatory processes associated with the
authorizations required to construct and operate a qualifying
facility.
``(4) Length of process.--The Commission shall ensure that
the expedited process under this section will result in a
final decision on an application for a license by not later
than 2 years after receipt of a completed application for the
license.
``(b) Dam Safety.--
``(1) Assessment.--Before issuing any license for a
qualifying facility, the Commission shall assess the safety
of existing non-Federal dams and other non-Federal structures
related to the qualifying facility (including possible
consequences associated with failure of such structures).
``(2) Requirements.--In issuing any license for a
qualifying facility, the Commission shall ensure that the
Commission's dam safety requirements apply to such qualifying
facility, and the associated qualifying nonpowered dam, over
the term of such license.
``(c) Interagency Communications.--Interagency cooperation
in the preparation of environmental documents under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to an application for a license for a
qualifying facility under this section, and interagency
communications relating to licensing process coordination
pursuant to this section, shall not--
``(1) be considered to be ex parte communications under
Commission rules; or
``(2) preclude an agency from participating in a licensing
proceeding under this part.
``(d) Identification of Nonpowered Dams for Hydropower
Development.--
``(1) In general.--Not later than 12 months after the date
of enactment of this section, the Commission, with the
Secretary of the Army, the Secretary of the Interior, and the
Secretary of Agriculture, shall jointly develop a list of
existing nonpowered Federal dams that the Commission and the
Secretaries agree have the greatest potential for non-Federal
hydropower development.
``(2) Considerations.--In developing the list under
paragraph (1), the Commission and the Secretaries may
consider the following:
``(A) The compatibility of hydropower generation with
existing purposes of the dam.
``(B) The proximity of the dam to existing transmission
resources.
``(C) The existence of studies to characterize
environmental, cultural, and historic resources relating to
the dam.
``(D) The effects of hydropower development on release or
flow operations of the dam.
``(3) Availability.--The Commission shall--
``(A) provide the list developed under paragraph (1) to--
``(i) the Committee on Energy and Commerce, the Committee
on Transportation and Infrastructure, and the Committee on
Natural Resources, of the House of Representatives; and
``(ii) the Committee on Environment and Public Works, and
the Committee on Energy and Natural Resources, of the Senate;
and
``(B) make such list available to the public.
``(e) Definitions.--For purposes of this section:
``(1) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a facility--
``(A) as of the date of enactment of this section, the
facility is not licensed under, or exempted from the license
requirements contained in, this part;
``(B) the facility will be associated with a qualifying
nonpowered dam;
``(C) the facility will be constructed, operated, and
maintained for the generation of electric power;
``(D) the facility will use for such generation any
withdrawals, diversions, releases, or flows from the
associated qualifying nonpowered dam, including its
associated impoundment or other infrastructure; and
``(E) the operation of the facility will not result in any
material change to the storage, release, or flow operations
of the associated qualifying nonpowered dam.
``(2) Qualifying facility.--The term `qualifying facility'
means a facility that is determined under this section to
meet the qualifying criteria.
``(3) Qualifying nonpowered dam.--The term `qualifying
nonpowered dam' means any dam, dike, embankment, or other
barrier--
``(A) the construction of which was completed on or before
the date of enactment of this section;
``(B) that is or was operated for the control, release, or
distribution of water for agricultural, municipal,
navigational, industrial, commercial, environmental,
recreational, aesthetic, drinking water, or flood control
purposes; and
``(C) that, as of the date of enactment of this section, is
not generating electricity with hydropower generating works
that are licensed under, or exempted from the license
requirements contained in, this part.''.
SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES.
Section 10(e) of the Federal Power Act (16 U.S.C. 803(e))
is amended by adding at the end the following:
``(5) Any obligation of a licensee for payment of annual
charges under this subsection shall commence when the
construction of the applicable facility commences.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentleman from Illinois (Mr. Rush) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to insert extraneous material in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill, H.R. 2872, was introduced by Energy and
Commerce Committee member Larry Bucshon in June of this year. The
legislation went through regular order and was reported by the full
committee with a bipartisan amendment by a voice vote.
This bill promotes hydropower by development at existing nonpowered
dams by establishing an expedited licensing process that will result in
a final decision on an application in 2 years or less. We know
hydropower is a clean, renewable, and reliable source of energy that
provides low-cost electricity to millions of Americans.
As we have learned through hearings at the Energy and Commerce
Committee, the current regulatory process places new hydropower
projects at existing nonpowered dams at a significant disadvantage. The
current process takes way too long and it creates too much uncertainty,
burdening consumers with additional unnecessary costs and preventing
jobs and economic opportunities.
This bill, H.R. 2872, makes important changes to the process to
enable FERC to issue a decision in 2 years or less. The legislation
also requires that FERC, as well as the U.S. Army Corps of Engineers
and the Department of the
[[Page H9810]]
Interior, to develop a list of existing nonpowered Federal dams that
have the greatest potential for non-Federal hydropower development.
This is a good bipartisan bill. I thank Dr. Bucshon for his hard work
on this important issue and for working with our colleagues across the
aisle to bring the bill to the floor.
Mr. Speaker, I urge all my colleagues to support this bill, and I
reserve the balance of my time.
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, December 12, 2017.
Hon. Greg Walden,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Walden: I write concerning H.R. 2872, the
Promoting Hydropower Development at Existing Nonpowered Dams
Act. This legislation includes matters that fall within the
Rule X jurisdiction of the Committee on Transportation and
Infrastructure.
I recognize and appreciate your desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, the Committee on
Transportation and Infrastructure will forego action on the
bill. However, this is conditional on our mutual
understanding that foregoing consideration of the bill does
not prejudice the Committee with respect to the appointment
of conferees or to any future jurisdictional claim over the
subject matters contained in the bill or similar legislation
that fall within the Committee's Rule X jurisdiction. Lastly,
should a conference on the bill be necessary, I request your
support for the appointment of conferees from the Committee
on Transportation and Infrastructure during any House-Senate
conference convened on this or related legislation.
I would ask that a copy of this letter and your response
acknowledging our jurisdictional interest be included in the
Congressional Record during consideration of the measure on
the House floor, to memorialize our understanding.
I look forward to working with the Committee on Energy and
Commerce as the bill moves through the legislative process.
Sincerely,
Bill Shuster,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, December 12, 2017.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Shuster: Thank you for your letter concerning
H.R. 2872, Promoting Hydropower Development at Existing
Nonpowered Dams Act.
I appreciate your committee's willingness to forego action
on H.R. 2872 so that this legislation may be brought before
the House of Representatives in an expeditious manner. I
agree that foregoing consideration of the bill does not
prejudice your committee with respect to the appointment of
conferees or to any future jurisdictional claim over the
subject matters contained in the bill or similar legislation
that fall within your committee's Rule X jurisdiction. In
addition, should a conference on the bill be necessary, I
will support your request for the appropriate appointment of
conferees from the Committee on Transportation and
Infrastructure during any House-Senate conference convened on
this or related legislation.
I will place a copy of your letter and this response into
the Congressional Record during consideration of the measure
on the House floor.
Sincerely,
Greg Walden,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, December 12, 2017.
Hon. Greg Walden,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 2872, Promoting
Hydropower Development at Existing Nonpowered Dams Act. The
bill contains provisions within the Rule X jurisdiction of
the Natural Resources Committee.
In the interest of permitting you to proceed expeditiously
to floor consideration of this very important bill, the
Committee foregoes further consideration of the bill. I do so
with the understanding that the Natural Resources Committee
does not waive any future jurisdictional claim over the
subject matter contained in the bill that fall within its
Rule X jurisdiction. I also request that you support my
request to name members of the Natural Resources Committee to
any conference committee to consider such provisions.
Finally, please place this letter into the committee report
on H.R. 2872 and into the Congressional Record during
consideration of the measure on the House floor.
Thank you for the cooperative spirit in which you and your
staff have worked regarding this matter and others between
our respective committees.
Sincerely,
Rob Bishop,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, December 12, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Chairman Bishop: Thank you for your letter concerning
H.R. 2872, Promoting Hydropower Development at Existing
Nonpowered Dams Act.
I appreciate your willingness to forgo action on the bill
so that it can proceed expeditiously to floor consideration.
I agree that the Natural Resources Committee does not waive
any future jurisdictional claim over the subject matter
contained in the bill that fall within its Rule X
jurisdiction. I will support your request to name members of
the Natural Resources Committee to any conference committee
to consider such provisions. Finally, I will place this
letter into the Congressional Record during consideration of
the measure on the House floor.
Sincerely,
Greg Walden,
Chairman.
Mr. RUSH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 2872, the Promoting
Hydropower Development at Existing Nonpowered Dams Act.
Mr. Speaker, I commend my colleague from the Energy and Commerce
Committee, Mr. Bucshon from Indiana, for sponsoring this bipartisan
piece of legislation. I would also like to acknowledge the committee
staffs from both the majority and minority sides for working together
in good faith to develop a bill that resolved the differences between
the two sides as we proceeded through the committee process in order to
get the bill onto the floor here today.
Mr. Speaker, I am a huge proponent of hydropower as a safe, reliable,
carbon-free way of providing energy to millions of Americans,
especially when the licensing process is conducted in a reasonable and
transparent manner that takes into account environmental safeguards as
well as the rights and interests of the affected local communities.
Mr. Speaker, I believe that H.R. 2872 encompasses all of these
objections. H.R. 2872 would allow FERC, in consultation with Federal
and State resource agencies, as well as Native American Tribes, to
establish an expedited licensing process for installing hydropower
generation at existing dams that don't produce electricity by exempting
these projects from regulation under the Federal Power Act.
Mr. Speaker, under this bill, FERC would be required to provide a
final decision on license applications within 2 years of receiving a
completed application for new generation projects at nonpowered dams
that are completely constructed as of the date of the bill's enactment
and which aren't generating electricity through hydropower. Eligible
projects, Mr. Speaker, must not result in any material change to the
storage, release, or flow operations of the dam.
H.R. 2872 would also require FERC to establish an interagency task
force, consisting of relevant Federal and State agencies, as well as
Native American Tribes, that would all coordinate the authorizations
necessary to license the facility.
FERC would also be required to gauge the safety of non-Federal dams
under consideration and to require the facility to meet the
Commission's dam safety requirements throughout the term of the
license.
Additionally, Mr. Speaker, FERC would work with the U.S. Army Corps
of Engineers, as well as the Interior and Agriculture Departments, to
develop a list of existing nonpowered federally owned dams with the
greatest potential for non-Federal hydropower development.
Finally, Mr. Speaker, H.R. 2872 would exempt hydropower applicants
from having to pay annual fees associated with the licenses until
construction actually commences on the project.
Mr. Speaker, H.R. 2872 represents a major step in the right direction
for increasing our ability to issue hydropower permits in a fair,
transparent, and expedited way, and I urge all of my colleagues to
support this notable bill.
Mr. Speaker, I reserve the balance of my time.
Mr. UPTON. Mr. Speaker, I want to say that I appreciate the
gentleman's willingness to work on these bills together. I really
appreciate his hard work.
Mr. Speaker, I yield 5 minutes to the gentleman from Indiana (Mr.
Bucshon), the sponsor of this legislation, in support of this bill.
[[Page H9811]]
Mr. BUCSHON. Mr. Speaker, I thank the gentleman for yielding.
Whether it is turning on the light above the kitchen table in a home
or powering heavy machinery in a factory, the American people expect
there to be reliable and affordable energy to power their lives and our
economy. That is why it is important that we take advantage of all
forms of American-made energy.
According to Department of Energy estimates, there are more than
50,000 suitable nonpowered dams across the country that collectively
have the technical potential to add 12 gigawatts of hydropower
capacity. To put that in context, that is the same potential capacity
as two dozen coal-fired power plants.
Back home in Indiana, there are six nonpowered dams located in the
Eighth District that could benefit from an expedited permitting process
that promotes hydropower generation and provides quality Hoosier jobs.
Unfortunately, unnecessary government red tape is preventing us from
taking advantage of clean, renewable energy from hydropower at existing
nonpowered dams. The current regulatory process simply takes too long,
taking up to a decade to approve a project, which stifles the
investment needed to bring additional capacity at existing dams online.
We have the opportunity to change this with H.R. 2872, the Promoting
Hydropower Development at Existing Nonpowered Dams Act. Specifically,
this legislation cuts through the red tape and instructs FERC to create
an expedited permitting process that will result in a final decision on
an application in just 2 years or less.
Streamlining the permitting process for qualifying nonpowered dam
projects represents an important first step in modernizing our existing
infrastructure. Additionally, it will incentivize investments in clean
hydropower development, allowing us to take advantage of an American
source of energy.
I applaud both sides of the aisle for their work to reach a
bipartisan solution, and I ask my colleagues to support H.R. 2872.
Mr. RUSH. Mr. Speaker, I yield such time as he may consume to the
gentleman from Iowa (Mr. Loebsack), an outstanding member of the
subcommittee.
Mr. LOEBSACK. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of H.R. 2872, the Promoting
Hydropower Development at Existing Nonpowered Dams Act.
Iowa has become a national leader in renewable energy. Currently, my
State provides over 40 percent of its electricity from renewable
sources, including over 37 percent from wind power alone. But there is
a lot of potential.
In 2012, the U.S. Department of Energy found that there is over
12,000 megawatts of untapped hydropower potential in the Nation's
existing dams. That is enough electricity to power 4 million homes.
That same report ranked Iowa 10th in available energy capacity in the
United States if these nonpowered dams were converted, with the
potential to generate 427 megawatts.
{time} 1400
Renewable energy development like hydropower has created thousands of
good-paying jobs across Iowa. My district is the home of three
hydroelectric generation plants and will soon be the home of the second
largest hydro plant in the State, the Red Rock Hydroelectric Project.
Upon completion, Red Rock will produce upwards of 36 megawatts of
energy. That is enough electricity to power the nearby city of Pella,
and it has led to hundreds of jobs across the State of Iowa.
However, projects like Red Rock and others have been slowed by a
cumbersome licensing process as has been mentioned by folks on both
sides of the aisle here. Congress must work to streamline the
hydropower licensing processes so that more clean, renewable energy and
domestic energy can be brought onto the grid for the American consumer,
while also ensuring that these projects do not harm the environment.
This is why I am proud to have worked with Mr. Bucshon and my
colleagues on the Energy and Commerce Committee to bring this
commonsense, job-creating, bipartisan legislation to the floor today.
Mr. Speaker, I urge all of my colleagues to support this bill.
Mr. UPTON. Mr. Speaker, I yield 5 minutes to the gentleman from
Oregon (Mr. Walden), the chairman of the full committee.
Mr. WALDEN. Mr. Speaker, I thank my colleagues on both sides of the
aisle for their great work on this: Mr. Rush from Illinois and, of
course, the former chairman of the Energy and Commerce Committee, my
friend, Mr. Upton, and our other committee members who put so much into
these important pieces of legislation.
To date, the committee has worked in a bipartisan manner to examine
and advance thoughtful solutions that prioritize consumers, support
American businesses and jobs, and protect the environment. These
commonsense, bipartisan bills we are considering today continue this
very strong and bipartisan effort.
As many of you have heard me discuss before, hydropower plays an
integral role in electricity generation across our great country as
well as in my home State of Oregon. In fact, nearly 43 percent of
electricity in Oregon comes from this dependable base load power
resource, and it has supported jobs along the Columbia River and
throughout the State.
Two of the three bills under consideration today build upon the
committee's work promoting this emissions-free energy resource. In
fact, the House of Representatives has already passed 10 Energy and
Commerce Committee bills that promote hydropower and modernize the
licensing process so we can get these projects to market faster.
H.R. 2872, the Promoting Hydropower Development at Existing
Nonpowered Dams Act, is authored by my good friend from Indiana and
committee member, Larry Bucshon. Dr. Bucshon's legislation would
promote hydropower development by expediting the licensing process for
these types of facilities: dams that could have hydropower put on them,
but don't right now. We want to take advantage of that power.
H.R. 2872 also requires the Federal Energy Regulatory Commission,
U.S. Army Corps of Engineers, and Department of the Interior to develop
a list of existing nonpowered Federal dam facilities across the country
that have the greatest potential for non-Federal hydropower
development.
What we want to know is: Where are these dams already in existence so
we can put a generator on, in effect, and generate electricity and
create electricity without emission?
The second hydropower bill under consideration was authored by our
distinguished Oversight and Investigations Subcommittee vice chairman,
Morgan Griffith, from Virginia. Now, Mr. Griffith's bill, H.R. 2880,
the Promoting Closed-Loop Pumped Storage Hydropower Act, unanimously
passed the committee last week. This promotes what is called closed-
loop pumped storage hydropower development by streamlining the
licensing for such facilities.
Fundamentally, what happens is you generate power; and, when there is
surplus power, it pumps, puts water on top of a reservoir, and then
when you need to generate energy at peak times, the water comes back
down through a pipe, through another generator, back into a lower
elevation reservoir, and you repeat the cycle. It just really acts like
a battery in some respects and produces, again, emissions, free
hydropower.
The third bill under consideration today was authored by our
committee member Representative Susan Brooks from Indiana, H.R. 1733.
Now, this directs the Secretary of Energy to update the Federal
strategy for recycling used lubricating oil.
Recycling used lubricating oil provides environmental benefits,
reduces energy consumption, which is important, and produces high-
quality products for consumers across our country.
Mr. Speaker, cumulatively, these bills underscore the Energy and
Commerce Committee's willingness to reach across the aisle and work
together in a bipartisan way to find commonsense solutions that make a
difference for people across the country that improve the environment
and generate emissions-free energy.
Mr. Speaker, I thank my colleagues and the staff on both sides of the
committee for their great work in this case.
[[Page H9812]]
Mr. Speaker, I urge all of my colleagues to support these measures
and get them to the President's desk.
Mr. RUSH. Mr. Speaker, I have no further speakers, and I yield back
the balance of my time.
Mr. UPTON. Mr. Speaker, I, too, have no further speakers.
Mr. Speaker, I again commend members on both sides of the aisle for
getting this bill to the floor, and the staff. I appreciate the
leadership for scheduling this, and I yield back the balance of my
time.
The SPEAKER pro tempore (Mr. LaHood). The question is on the motion
offered by the gentleman from Michigan (Mr. Upton) that the House
suspend the rules and pass the bill, H.R. 2872, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________