[House Report 111-505]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-505

======================================================================



 
              COLLINSVILLE RENEWABLE ENERGY PROMOTION ACT

                                _______
                                

 June 14, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4451]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4451) to reinstate and transfer certain 
hydroelectric licenses and extend the deadline for commencement 
of construction of certain hydroelectric projects, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     3
Committee Consideration..........................................     3
Committee Votes..................................................     4
Committee Oversight Findings and Recommendations.................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Statement of General Performance Goals and Objectives............     4
Constitutional Authority Statement...............................     4
Earmarks and Tax and Tariff Benefits.............................     4
Advisory Committee Statement.....................................     4
Applicability of Law to the Legislative Branch...................     5
Federal Mandates Statement.......................................     5
Committee Cost Estimate..........................................     5
Congressional Budget Office Estimate.............................     5
Section-by-Section Analysis of the Legislation...................     6

                               AMENDMENT

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Collinsville Renewable Energy 
Promotion Act''.

SEC. 2. REINSTATEMENT OF EXPIRED LICENSES AND EXTENSION OF TIME TO 
                    COMMENCE CONSTRUCTION OF PROJECTS.

  Subject to section 4 of this Act and notwithstanding the time period 
under section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to Federal Energy Regulatory Commission projects 
numbered 10822 and 10823, the Federal Energy Regulatory Commission 
(referred to in this Act as the ``Commission'') may--
          (1) reinstate the license for either or each of those 
        projects; and
          (2) extend for 2 years after the date on which either or each 
        project is reinstated under paragraph (1) the time period 
        during which the licensee is required to commence the 
        construction of such projects.
Prior to reaching any final decision under this section, the Commission 
shall provide an opportunity for submission of comments by interested 
persons, municipalities, and States and shall consider any such comment 
that is timely submitted.

SEC. 3. TRANSFER OF LICENSES TO THE TOWN OF CANTON, CONNECTICUT.

  Notwithstanding section 8 of the Federal Power Act (16 U.S.C. 801) or 
any other provision thereof, if the Commission reinstates the license 
for, and extends the time period during which the licensee is required 
to commence the construction of, a Federal Energy Regulatory Commission 
project under section 2, the Commission shall transfer such license to 
the town of Canton, Connecticut.

SEC. 4. ENVIRONMENTAL ASSESSMENT.

  (a) Definition.--For purposes of this section, the term 
``environmental assessment'' shall have the same meaning as is given 
such term in regulations prescribed by the Council on Environmental 
Quality that implement the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.).
  (b) Environmental Assessment.--Not later than 180 days after the date 
of enactment of this Act, the Commission shall complete an 
environmental assessment for Federal Energy Regulatory Commission 
projects numbered 10822 and 10823, updating, to the extent necessary, 
the environmental analysis performed during the process of licensing 
such projects.
  (c) Comment Period.--Upon issuance of the environmental assessment 
required under subsection (b), the Commission shall--
          (1) initiate a 30-day public comment period; and
          (2) before taking any action under section 2 or 3--
                  (A) consider any comments received during such 30-day 
                period; and
                  (B) incorporate in the license for the projects 
                involved, such terms and conditions as the Commission 
                determines to be necessary, based on the environmental 
                assessment performed and comments received under this 
                section.

SEC. 5. DEADLINE.

  Not later than 270 days after the date of enactment of this Act, the 
Commission shall--
          (1) make a final decision pursuant to paragraph (1) of 
        section 2; and
          (2) if the Commission decides to reinstate 1 or both of the 
        licenses under such paragraph and extend the corresponding 
        deadline for commencement of construction under paragraph (2) 
        of such section, complete the action required under section 3.

SEC. 6. PROTECTION OF EXISTING RIGHTS.

  Nothing in this Act shall affect any valid license issued by the 
Commission under section 4 of the Federal Power Act (16 U.S.C. 797) on 
or before the date of enactment of this Act or diminish or extinguish 
any existing rights under any such license.

                          PURPOSE AND SUMMARY

    H.R. 4451, the Collinsville Renewable Energy Promotion Act, 
was introduced by Rep. Christopher Murphy on January 13, 2010. 
The purpose of H.R. 4451 is to authorize the Federal Energy 
Regulatory Commission (FERC) to reinstate the terminated 
licenses for the Upper and Lower Collinsville Dams 
hydroelectric projects and to extend for two years after the 
date of any such reinstatement the date by which the licensee 
is required to commence construction, and, in the event that 
FERC reinstates the licenses, to require FERC to transfer such 
licenses to the town of Canton, Connecticut.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Upper and Lower Collinsville Dams on the Farmington 
River were built to provide hydroelectric power to an ax 
factory, which was shut down in 1966. The dams have not 
produced power since that time, but continue to block upstream 
fish passage.
    On February 23, 2001, FERC issued original licenses to 
Summit Hydropower to redevelop hydroelectric power capacity at 
these dams. The Upper Collinsville Dam project was to have a 
generation capacity of 373 kilowatts, while the Lower Dam was 
to have a capacity of 920 kilowatts. As part of this licensing 
process, an environmental assessment was completed. The 
licenses required Summit to commence project construction 
within two years from the issuance of the licenses.
    Section 13 of the Federal Power Act requires licensees to 
commence construction of hydroelectric projects within the time 
fixed in the license, which shall be no more than two years 
from the issuance of the license, and authorizes the Commission 
to issue one extension of the deadline, for no more than two 
years.
    On November 26, 2002, FERC granted Summit a two-year 
extension to commence project construction at both sites, 
moving the deadline to February 23, 2005. Because construction 
did not commence by that date, the Commission sent Summit a 
notice of probable termination of the licenses on November 2, 
2007. Summit did not respond to the notice. FERC terminated the 
licenses on December 4, 2007. Summit did not seek rehearing of 
the termination order.
    In November 2006, Congress added a segment of the 
Farmington River that includes the two dams to the list of 
rivers under study for eligibility for designation as a 
Partnership National Wild and Scenic River. The study is 
ongoing. However, in a July 9, 2009, letter to Rep. Murphy, the 
Farmington River Watershed Association stated that it does not 
expect the segment containing the dams to be included in the 
final request to Congress for designation. The Wild and Scenic 
Study Committee stated in a February 24, 2010, letter to Rep. 
Murphy that it does not oppose the development of hydropower at 
the Collinsville dams or the transfer of the licenses to the 
town of Canton, Connecticut.
    The town of Canton, Connecticut intends to proceed with the 
two hydroelectric projects that Summit originally had proposed. 
On January 9, 2009, FERC granted the town a preliminary permit 
to undertake the necessary feasibility studies. The town has 
stated that it intends to pursue Low Impact Hydropower 
Institute certification for the projects and to provide for 
fish passage.

                        COMMITTEE CONSIDERATION

    H.R. 4451, the Collinsville Renewable Energy Promotion Act, 
was introduced by Rep. Christopher Murphy (D-CT) on January 13, 
2010, and referred to the Committee on Energy and Commerce. The 
bill was referred to the Subcommittee on Energy and Environment 
on January 15, 2010. On March 24, 2010, the Subcommittee 
considered H.R. 4451 in markup and forwarded the bill to the 
full Committee by a voice vote with the recommendation that the 
bill pass. On May 26, 2010, the Committee on Energy and 
Commerce met in open markup session to consider H.R. 4451. An 
amendment in the nature of a substitute, offered by Mr. Murphy 
of Connecticut, was adopted by a voice vote. Subsequently, H.R. 
4451 was ordered favorably reported, amended, to the House by a 
voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list of each record 
vote on the motion to report legislation and amendments 
thereto. There were no record votes taken in the consideration 
of H.R. 4451 by the Committee. The Committee agreed to a motion 
by Ms. DeGette to order H.R. 4451 favorably reported to the 
House, amended, by a voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the findings and 
recommendations of the Committee are reflected in the 
descriptive portions of this report.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that H.R. 4451 
would result in no new budget authority, entitlement authority, 
or tax expenditures or revenues.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
constitutional authority for H.R. 4451 is provided in Article 
I, section 8, clauses 3 and 18.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    H.R. 4451 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees were created by H.R. 4451 within the 
meaning of section 5 U.S.C. App., 5(b) of the Federal Advisory 
Committee Act.

             APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH

    The Committee finds that H.R. 4451 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act of 1985.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimates of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandate Reform 
Act.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
cost estimate on H.R. 4451 prepared by the Director of the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate on 
H.R. 4451 provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974:

                                                      June 3, 2010.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4451, the 
Collinsville Renewable Energy Promotion Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4451--Collinsville Renewable Energy Promotion Act

    CBO estimates that implementing H.R. 4451 would have no net 
effect on the federal budget. Enacting the bill would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures would not apply. H.R. 4451 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    H.R. 4451 would authorize the Federal Energy Regulatory 
Commission (FERC) to reinstate the licenses and extend the 
deadline for beginning construction of two hydroelectric 
projects (numbers 10822 and 10823) in Hartford County, 
Connecticut. The bill would direct FERC to update the 
environmental analyses associated with those projects and, if 
reinstated, transfer the licenses to the town of Canton, 
Connecticut.
    Based on information from FERC, CBO estimates that 
implementing H.R. 4451 would have a small impact on the 
agency's workload. Because FERC recovers 100 percent of its 
costs through user fees, any change in its administrative costs 
would be offset by an equal change in fees that the commission 
charges. Therefore, the legislation's provisions would have no 
net budgetary impact. Because FERC's administrative costs are 
controlled through annual appropriation acts, enacting H.R. 
4451 would not affect direct spending or revenues.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section provides that the short title of the bill is 
the ``Collinsville Renewable Energy Promotion Act''.

Section 2. Reinstatement of expired licenses and extension of time to 
        commence construction of projects

    This section authorizes FERC to reinstate one or both of 
the terminated licenses for the Upper and Lower Collinsville 
Dams hydroelectric projects (numbered 10822 and 10823) and to 
extend for two years after the date on which either or each 
project is reinstated the time period by which the licensee is 
required to commence construction. Prior to taking such action, 
FERC is required to provide an opportunity for the submission 
of comments by interested persons, municipalities, and States 
and to consider any such comments that are timely submitted. 
The Committee intends that the terms ``persons,'' 
``municipalities,'' and ``States'' be given the same meaning as 
they are given under the Federal Power Act. The Committee 
intends that FERC may establish an appropriate deadline for the 
submission of such comments.

Section 3. Transfer of licenses to the town of Canton, Connecticut

    This section requires that, if, pursuant to section 2, FERC 
reinstates a license and extends the time period during which 
the licensee must commence construction, FERC shall transfer 
such license to the town of Canton, Connecticut.

Section 4. Environmental assessment

    This section requires FERC to complete an environmental 
assessment for the Upper and Lower Collinsville Dams 
hydroelectric projects not later than 180 days after the date 
of enactment of this Act, updating, to the extent necessary, 
the environmental analysis that was previously performed during 
the original FERC licensing of these projects. After a 30-day 
public comment period, FERC is required to consider the public 
comments on the environmental assessment and to incorporate 
terms and conditions in the reinstated licenses that the 
Commission determines are necessary based on the environmental 
assessment and public comments.

Section 5. Deadline

    This section requires FERC to make a final decision under 
section 2 regarding the reinstatement of the licenses within 
270 days of the date of enactment of the Act. If FERC 
reinstates the one or both of the licenses and extends the 
deadline for commencing construction, the transfer of the 
license or licenses to the town of Canton must also take place 
within 270 days of the date of enactment of the Act.

Section 6. Protection of existing rights

    This section clarifies that nothing in this Act shall 
affect any valid license issued by FERC under section 4 of the 
Federal Power Act on or before the date of enactment of this 
Act or diminish or extinguish any existing rights under any 
such license.

                                  
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