[Congressional Record (Bound Edition), Volume 163 (2017), Part 14]
[House]
[Pages 19635-19638]
[From the U.S. 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.

[[Page 19636]]

       ``(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 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.

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                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.

[[Page 19637]]

       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.
  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

[[Page 19638]]

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.
  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.

                          ____________________