No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4045 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4045
To modernize the hydropower licensing process and to promote next-
generation hydropower projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2023
Mrs. Rodgers of Washington introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Oversight and Accountability, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To modernize the hydropower licensing process and to promote next-
generation hydropower projects, and for other purposes.
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 ``Hydropower Clean Energy Future
Act''.
SEC. 2. CONFIRMING THAT HYDROPOWER IS AN ESSENTIAL RENEWABLE RESOURCE.
(a) Sense of Congress on the Use of Hydropower Renewable
Resources.--It is the sense of Congress that--
(1) hydropower is a renewable resource for purposes of all
Federal programs and is an essential source of energy in the
United States; and
(2) the United States should protect existing hydropower
resources and increase substantially the capacity and
generation of clean, renewable hydropower resources to address
a changing climate and improve environmental quality in the
United States.
(b) Modifying Definitions of Renewable Energy To Include
Hydropower.--
(1) Energy policy act of 2005.--Section 203 of the Energy
Policy Act of 2005 (42 U.S.C. 15852) is amended--
(A) in subsection (a), by amending paragraphs (1)
through (3) to read as follows:
``(1) Not less than 20 percent in fiscal years 2024 through
2025.
``(2) Not less than 23 percent in fiscal years 2026 through
2027.
``(3) Not less than 25 percent in fiscal year 2028 and each
fiscal year thereafter.''; and
(B) in subsection (b), by striking paragraph (2)
and inserting the following:
``(2) Renewable energy.--The term `renewable energy' means
energy produced from solar, wind, biomass, landfill gas, ocean
(including tidal, wave, current, and thermal), geothermal,
municipal solid waste, or hydropower.''.
(2) Other federal regulations, orders, and policies.--Not
later than 180 days after the date of enactment of this Act,
each Federal department and agency shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report demonstrating that the department or
agency has amended any applicable regulation, order, or other
policy of the department or agency related to renewable energy
to ensure treatment of hydropower by the Federal Government
consistent with the amendments made by paragraph (1).
(c) Licenses for Construction.--Section 4(e) of the Federal Power
Act (16 U.S.C. 797(e)) is amended, in the first sentence, by inserting
``to mitigate the effects of the applicable project on such
reservation, so as to provide'' after ``deem necessary'' in the first
proviso.
(d) Operation of Navigation Facilities.--Section 18 of the Federal
Power Act (16 U.S.C. 811) is amended by adding before the period at the
end of the first sentence ``to mitigate effects of the applicable
project''.
SEC. 3. PROTECTING AND PROMOTING SMALL AND NEXT-GENERATION HYDROPOWER
PROJECTS.
(a) Exemptions From Licensing Requirements for Certain Small
Hydroelectric Power Projects.--Section 405 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2705) is amended by striking
subsection (d) and inserting the following:
``(d) Exemptions From Licensing in Certain Cases.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Commission may in its discretion (by rule or order), upon
application and on a case-by-case basis or on the basis of
classes or categories of projects, grant an exemption in whole
or in part from the requirements (including the licensing
requirements) of part I of the Federal Power Act to any small
hydroelectric power project--
``(A) having a proposed installed capacity of 40
megawatts or less; or
``(B) for which a license was issued under part I
of the Federal Power Act and the licensee applies for
an exemption under this subsection, if--
``(i) the license was issued after the date
of enactment of the Electric Consumers
Protection Act of 1986;
``(ii) the Commission determines, based on
information available to the Commission, that
continued operation of the project is not
likely to jeopardize the continued existence of
any species listed as a threatened species or
an endangered species under the Endangered
Species Act of 1973;
``(iii) the Commission determines, based on
information available to the Commission, that
continued operation of the project is not
likely to result in the destruction or adverse
modification of an area designated as critical
habitat for any species listed as a threatened
species or an endangered species under the
Endangered Species Act of 1973; and
``(iv) the project has an installed
capacity of 40 megawatts or less.
``(2) Requirements.--An exemption granted under paragraph
(1) shall be subject to the same limitations (to ensure
protection for fish and wildlife as well as other environmental
concerns) as those which are set forth in subsections (c) and
(d) of section 30 of the Federal Power Act with respect to
determinations made and exemptions granted under subsection (b)
of such section 30 and subsections (c) and (d) of such section
30 shall apply with respect to actions taken and exemptions
granted under this subsection.
``(3) Effects.--
``(A) In general.--Except as provided in
subparagraph (B), the granting of an exemption to a
project under this subsection shall in no case have the
effect of waiving or limiting the application (to such
project) of the second sentence of subsection (b) of
this section.
``(B) Environmental review.--The Commission
granting an exemption under paragraph (1) may not be
considered a major Federal action under section
102(2)(C) of the National Environmental Policy Act of
1969.
``(4) Exemption process.--The Commission shall make a
determination with respect to any application for an exemption
under paragraph (1)(B) not later than 90 days after submission
of such application, which period shall include notice and
opportunity for public comment. Any exemption granted under
paragraph (1)(B) shall become effective upon the expiration of
the applicable existing license.''.
(b) Expedited Licensing of Next-Generation Hydropower.--Part I of
the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at
the end the following:
``SEC. 37. EXPEDITED LICENSING OF NEXT-GENERATION HYDROPOWER PROJECTS.
``(a) In General.--The Commission shall issue licenses for all
next-generation hydropower projects in accordance with this section.
``(b) Definitions.--In this section:
``(1) Emerging hydropower technology project.--The term
`emerging hydropower technology project' means a project that
the Commission determines--
``(A) will produce electricity from a generator
driven by a turbine that converts the potential energy
of falling or flowing water;
``(B) will utilize turbine or generating
technology, an energy storage method, or a measure to
protect, mitigate, or enhance environmental resources,
that is not in widespread, utility-scale use in the
United States as of the date of enactment of this
section;
``(C) will not be, based on information available
to the Commission, likely to jeopardize the continued
existence of any species listed as a threatened species
or an endangered species under the Endangered Species
Act of 1973; and
``(D) will not be, based on information available
to the Commission, likely to result in the destruction
or adverse modification of an area designated as
critical habitat for any species listed as a threatened
species or an endangered species under the Endangered
Species Act of 1973.
``(2) Next-generation hydropower project.--The term `next-
generation hydropower project' means a project that--
``(A) may be licensed under this Act;
``(B) is not--
``(i) a qualifying conduit hydropower
facility under section 30; or
``(ii) exempted from licensing under--
``(I) section 30; or
``(II) section 405 of the Public
Utility Regulatory Policies Act of
1978; and
``(C) is--
``(i) an emerging hydropower technology
project;
``(ii) a qualifying facility, as defined in
section 34;
``(iii) a qualifying closed-loop pumped
storage project, as defined in section 35;
``(iv) a marine or hydrokinetic project,
including a project that utilizes a wave
technology, tidal technology, or in-river
technology; or
``(v) a hydropower facility within an
irrigation, water supply, industrial,
agricultural, or other open or closed water
conduit system.
``(c) Expedited Licensing Process.--
``(1) Notification of intent.--
``(A) Filing of notification.--An applicant for any
next-generation hydropower project shall commence the
licensing process by filing a notification of intent
with the Commission.
``(B) Deadline for filing.--Notwithstanding section
15(b)(1), an applicant for a next-generation hydropower
project shall file a notification of intent at least 2
years before the expiration of the existing license, if
applicable.
``(2) Filing of application.--
``(A) General deadline.--An applicant for a next-
generation hydropower project shall submit to the
Commission an application not later than 1 year after
filing the notification of intent under paragraph (1).
``(B) Existing licencee deadline.--Notwithstanding
section 15(c)(1), an application for any next-
generation hydropower project shall be filed with the
Commission at least 1 year before the expiration of the
term of the existing license, if applicable.
``(3) Deadline for issuance.--The Commission shall take
final action on a license for a next-generation hydropower
project under this section not later than 2 years after the
applicant notifies the Commission of its intent to file an
application for a license, as provided under paragraph (1).
``(d) Requirements.--In issuing a license under this section the
Commission and all resource agencies with regulatory responsibilities
in the licensing process shall--
``(1) maximize reliance on existing studies and information
and require any person or agency requesting a new study or
information to demonstrate that collection of any new data or
preparation of any new study will not jeopardize the
Commission's ability to meet the licensing deadline under
subsection (c)(3);
``(2) consider whether obligations under the National
Environmental Protection Act of 1969 may be met through
preparation of an environmental assessment or supplementing a
previously prepared environmental assessment or environmental
impact statement;
``(3) eliminate any nonessential meetings, reports, and
paperwork, including interim study reports and a draft license
application or similar document, without compromising effective
consultation with, and participation of, Federal and State
resource agencies, Indian tribe, and the public; and
``(4) consider existing project works and other
infrastructure to be included in the environmental baseline.
``(e) Rule.--Not later than 90 days after the date of enactment of
this section, and after consultation with the task force described in
subsection (f), which 90 days shall include public notice and
opportunity for comment, the Commission shall issue a rule implementing
this section. Such rule shall include a process, not to exceed 60 days,
for the Commission to determine on a case-by-case basis whether a
proposed or existing project qualifies as a next-generation hydropower
project prior to the initiation of the licensing or relicensing
process.
``(f) Task Force.--The Commission shall convene a task force, with
appropriate Federal and State agencies, Indian tribes, and licensees
under this part represented, to coordinate the regulatory processes
associated with the authorizations required to license next-generation
hydropower projects pursuant to this section.''.
SEC. 4. IDENTIFYING AND REMOVING MARKET BARRIERS TO HYDROPOWER.
(a) Report on Hydropower Barriers.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the Federal Energy Regulatory
Commission, in consultation with the Secretary of Energy, shall
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report--
(A) describing any barriers to the development and
proper compensation of conventional, storage, conduit,
and emerging hydropower technologies caused by--
(i) rules of Transmission Organizations (as
defined in section 3 of the Federal Power Act
(16 U.S.C. 796));
(ii) regulations or policies--
(I) of the Commission; or
(II) under the Federal Power Act
(16 U.S.C. 791a et seq.); or
(iii) other Federal and State laws and
policies unique to hydropower development,
operation, and regulation, as compared to other
sources of electricity;
(B) containing recommendations of the Commission
for reducing barriers described in subparagraph (A)
across regulatory and market sectors;
(C) identifying and determining any regulatory,
market, procurement, or cost recovery mechanisms that
would--
(i) encourage development of conventional,
storage, conduit, and emerging hydropower
technologies; and
(ii) properly compensate conventional,
storage, conduit, and emerging hydropower
technologies for the full range of services
provided to the electric grid, including--
(I) balancing electricity supply
and demand;
(II) ensuring grid reliability;
(III) providing ancillary services;
(IV) contributing to the
decarbonization of the electric grid;
and
(V) integrating intermittent power
sources into the grid in a cost-
effective manner; and
(D) identifying ownership and development models
that could reduce barriers to the development of
conventional, storage, conduit, and emerging hydropower
technologies, including--
(i) opportunities for risk-sharing
mechanisms and partnerships, including co-
ownership models; and
(ii) opportunities to foster lease-sale and
lease-back arrangements with publicly owned
electric utilities.
(2) Commission proceedings.--The Commission shall base the
report under paragraph (1) on the findings of the Commission
in--
(A) Docket No. AD16-20;
(B) Docket No. RM16-23; and
(C) any other relevant proceedings.
(3) Technical conference and public comment.--In preparing
the report under paragraph (1), the Commission shall solicit
public input, including by convening a technical conference and
providing an opportunity for public submission of written
comments on a draft report.
(b) Definitions.--In this section:
(1) Ancillary services.--The term ``ancillary services''
means the specialty services and functions provided by the
electric grid that facilitate and support the continuous flow
of electricity so that supply will continually meet demand,
including--
(A) autonomous dynamic voltage support;
(B) balancing;
(C) black start capabilities;
(D) frequency control;
(E) load following;
(F) operating, flexibility, contingency, and other
reserves;
(G) reactive power; and
(H) synchronized regulation.
(2) Conventional, storage, conduit, and emerging hydropower
technologies.--The term ``conventional, storage, conduit, and
emerging hydropower technologies'' means hydropower in all its
forms and modes of operation, including--
(A) the use of dams or similar infrastructure to
store water in a reservoir or divert flows from a
waterway, and to release stored or diverted water
through a turbine to generate electricity according to
any mode of operation, such as run-of-river, peaking,
reregulating, storage, or load following;
(B) a configuration of two water reservoirs at
different elevations that can generate power as water
moves down through a turbine, and pump water back to
the upper reservoir when the turbine operations are
reversed, including both closed- and open-loop systems;
(C) marine and hydrokinetic technologies, including
wave, tidal, and in-river systems;
(D) mini- and micro-hydropower facilities within
irrigation, water supply, industrial, agricultural, or
other open or closed water conduit systems; and
(E) other facilities that produce electricity from
generators driven by turbines that convert the
potential energy of falling or flowing water.
SEC. 5. MODERNIZING HYDROPOWER LICENSING.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is further
amended by adding at the end the following:
``SEC. 38. LICENSING PROCESS COORDINATION AND IMPROVEMENT.
``(a) Definition of Federal Authorization.--In this section, the
term `Federal authorization' means any authorization required under
Federal law (including any license, condition of any license by a
Secretary under section 4(e), prescription submitted by a Secretary
under section 18, permit, special use authorization, certification,
opinion, consultation, determination, or other approval) with respect
to an application for a license under this part.
``(b) Designation as Lead Agency.--
``(1) In general.--The Commission shall act as the lead
agency for purposes of all applicable Federal authorizations
(including for purposes of complying with the National
Environmental Policy Act of 1969), and for purposes of
complying with any required State or local environmental
reviews.
``(2) Other agencies.--Each Federal, State, and local
government agency considering an aspect of an application for a
Federal authorization shall coordinate with the Commission and
comply with the deadline established in the schedule developed
for the license under this part, in accordance with the rule
issued under subsection (d)(2)(C).
``(c) Use of Existing Studies.--
``(1) In general.--To the maximum extent practicable and in
accordance with the best available science, the Commission and
other Federal and State agencies with a responsibility for a
Federal authorization shall--
``(A) use relevant existing studies and data; and
``(B) avoid duplicating current, existing studies
that are applicable to the relevant project.
``(2) Demonstration.--When requiring any new study or
collection of information, the Commission or other Federal or
State agency with a responsibility for a Federal authorization
shall--
``(A) explain how the new study or other
information is necessary to support the agency's
decisionmaking with respect to the Federal
authorization;
``(B) identify how existing information reasonably
available to the agency is inadequate to support the
agency's decisionmaking with substantial evidence; and
``(C) include an analysis of how the value of the
required new study or other information outweighs the
cost of producing it.
``(d) Schedule.--
``(1) Timing for issuance.--It is the sense of Congress
that, except as otherwise provided in this part, all Federal
authorizations required for a project should be issued within a
reasonable time, so as to facilitate a final Commission
licensing decision within 2 years after the date on which the
license application for the project under this part is
considered to be complete by the Commission.
``(2) Commission schedule.--
``(A) In general.--The Commission, in accordance
with the rule issued under subparagraph (C), shall--
``(i) establish a schedule for--
``(I) all filings and issuances
necessary and appropriate for its
issuance of a license issued under this
part; and
``(II) the issuance of all Federal
authorizations for the applicable
project; and
``(ii) issue such schedule when the
Commission determines that the license
application for the project is ready for
environmental analysis.
``(B) Requirements.--In establishing the schedule
under subparagraph (A), the Commission shall--
``(i) consult and cooperate with the
Federal and State agencies responsible for a
Federal authorization;
``(ii) ensure the expeditious completion of
all proceedings relating to a Federal
authorization; and
``(iii) comply with applicable schedules
established by Federal law with respect to a
Federal authorization.
``(C) Rulemaking.--
``(i) Commission rulemaking to establish
process to set schedule.--Not later than 180
days after the date of enactment of this
section, the Commission, in consultation with
appropriate Federal and State agencies and
after providing notice and opportunity for
public comment, shall issue a final rule
establishing a process for setting a schedule
under subparagraph (A).
``(ii) Considerations.--In issuing a rule
under this subparagraph, the Commission shall
ensure that the schedule for each Federal
authorization--
``(I) includes deadlines for
actions by--
``(aa) any Federal or State
agency with responsibilities
for a Federal authorization;
``(bb) the applicant;
``(cc) the Commission; and
``(dd) other agencies and
participants in a proceeding;
``(II) is developed in consultation
with the applicant and any Federal or
State agency with responsibility for
the applicable Federal authorization;
``(III) provides an opportunity for
any Federal or State agency with
responsibility for a Federal
authorization to identify and resolve
issues of concern, consistent with
subsections (e) and (f);
``(IV) complies with applicable
schedules established under Federal
law;
``(V) ensures expeditious
completion of all proceedings required
under Federal and State law, to the
maximum extent practicable; and
``(VI) facilitates completion of
Federal and State agency studies,
reviews, and any other procedures
required prior to, or concurrent with,
the preparation of the environmental
document of the Commission required
under the National Environmental Policy
Act of 1969, to the maximum extent
practicable.
``(3) Adherence to schedule.--
``(A) In general.--The Commission, Federal, and
State agencies with responsibility for a Federal
authorization, the license applicant, and all other
agencies and other participants in proceedings for
Federal authorizations for the project shall meet the
deadlines established by the schedule developed under
paragraph (2).
``(B) Extension of schedule deadlines.--
``(i) Federal authorizations.--A Federal or
State agency that is unable to complete its
disposition of a Federal authorization by the
deadline set forth in the schedule established
by the Commission under paragraph (2) shall,
not later than 30 days prior to such deadline,
file for an extension with the Commission. The
Commission shall issue a one-time extension of
up to 90 days to any such Federal or State
agency upon a demonstration of good cause.
``(ii) Other extensions.--The Commission
may grant extensions requested by the license
applicant or other licensing participants to
facilitate settlement, address unforeseen
circumstances, or accommodate other showings of
good cause if the Commission determines that
any such extension would reduce the overall
time period for decisionmaking on required
Federal authorizations for the project,
increase the administrative efficiency of the
processes for Federal authorizations, or
improve the quality of information available to
Federal and State agencies with a
responsibility for a Federal authorization.
``(iii) Reissuance of schedule.--If the
Commission grants an extension under this
paragraph, the Commission shall reissue the
schedule and applicable deadlines to reflect
the extension of time granted.
``(C) Limitation.--Notwithstanding the Commission's
authority to extend the schedule as provided in
subparagraph (B), the Commission shall not grant any
extension that would increase by 1 year or longer the
time period in the original schedule issued under
paragraph (2) for obtaining all Federal authorizations
for the applicable project.
``(4) Failure to meet schedule deadlines.--
``(A) In general.--Subject to subparagraph (C), if
a Federal or State agency fails to complete its
disposition of a Federal authorization in accordance
with the schedule deadline established under paragraph
(2) (as may be extended under paragraph (3))--
``(i) in the case of a Federal agency,
$5,000 of unobligated funds shall be rescinded;
or
``(ii) in the case of a State agency,
$5,000 of unobligated funds shall be rescinded
from Federal fish and wildlife or water
resources funding programs to the State.
``(B) Subsequent rescission.--Subject to
subparagraph (C), for each additional week after any
deadline established by the Commission under paragraph
(2) (as may be extended under paragraph (3)) remains
uncompleted by a Federal or State agency with a
responsibility for a Federal authorization, an
additional rescission of $5,000 shall occur as provided
in subparagraph (A).
``(C) Maximum annual rescission.--For each
individual Federal authorization for a project, the
total amounts rescinded under subparagraphs (A) and (B)
shall not exceed, in any fiscal year, $100,000.
``(D) Limitation.--No head of a Federal or State
department or agency shall reprogram funds from another
Federal account or program for the loss of the funds
under this paragraph. No head of a Federal or State
agency shall report or include any rescinded funds as
an administrative cost for purposes of annual charges
under section 10(e).
``(e) Inconsistent or Conflicting License Terms.--
``(1) Consultation to resolve inconsistency or conflict.--
``(A) In general.--If a term or condition of a
Federal authorization submitted for inclusion in a
license under this part conflicts or is otherwise
inconsistent with another such term or condition, the
Commission shall initiate and facilitate consultation
between the Federal or State resource agencies
submitting conflicting or inconsistent terms or
conditions, to attempt to resolve the inconsistency or
conflict, including with any such conditions
recommended for inclusion in the license by the
Commission.
``(B) Meetings.--The consultation period under this
subsection shall extend up to 90 days and shall include
at least one technical conference or similar meeting.
The Commission shall issue notice of any such
conference or other consultation meeting, which shall
be open to participation by the license applicant,
other agencies, and other licensing participants.
``(C) Amendment and reissuance.--If the agencies
submitting the terms or conditions resolve the
inconsistency or conflict, the Commission and other
consulting agencies shall set a reasonable schedule and
deadline, that is not later than 90 days after the
conclusion of the consultation, for the agencies to
amend and reissue their Federal authorizations to
reflect the resolution, as appropriate.
``(2) Resolution of inconsistency or conflict.--
``(A) Statements.--If agencies are unable to
resolve an inconsistency or conflict under paragraph
(1), not later than 30 days after the conclusion of the
consultation process under such paragraph, the agencies
shall submit to the public record maintained by the
Commission a statement that identifies the
inconsistency or conflict, explains the position taken
by each agency causing the inconsistency or conflict,
and provides an analysis, supported by information in
the public record, of the factual basis for the
inconsistent or conflicting position taken by each
agency.
``(B) Referral.--Following such submission, the
Commission shall refer the matter for resolution as
provided in subsection (f).
``(f) Resolution of Interagency Disputes.--
``(1) Referral to omb.--For any dispute under subsection
(c), (d), or (e) among Federal and State agencies with
responsibility for a Federal authorization, as well as any
dispute between any such agency and the license applicant, the
Commission may, upon its own motion or the request of the head
of any such agency or the license applicant, refer the matter
to the Director of the Office of Management and Budget.
``(2) Action by omb.--With respect to any dispute referred
to the Director under paragraph (1), the Director, in
consultation with the Chair of the Council on Environmental
Quality, shall act as appropriate--
``(A) to ensure a timely participation;
``(B) to ensure a timely decision;
``(C) to mediate the dispute; or
``(D) to refer the matter to the President.
``(3) Participation.--The license applicant and other
interested participants shall be provided the opportunity to
participate in the resolution of any issues under this
subsection.''.
SEC. 6. HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED DAMS AND CLOSED-
LOOP PUMPED STORAGE.
(a) Promoting Hydropower Development at Existing Nonpowered Dams.--
Section 34 of the Federal Power Act (16 U.S.C. 823e) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Commission may issue a license under section
37 for any facility the Commission determines is a qualifying
facility.'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
(b) Closed-Loop Pumped Storage Projects.--Section 35 of the Federal
Power Act (16 U.S.C. 823f) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Commission may issue a license under section
37 for any project the Commission determines is a qualifying closed-
loop pumped storage project.'';
(2) by striking subsections (b), (c), (e), (g), and (h);
(3) by redesignating subsections (d) and (f) as subsections
(b) and (c), respectively; and
(4) by adding at the end the following:
``(d) No License Required for Certain Projects.--Notwithstanding
section 23(b), a closed-loop pumped storage project shall not be
required to be licensed under this part if the closed-loop pumped
storage project--
``(1) is not located upon any part of the public lands or
reservations of the United States; and
``(2) does not use a federally owned dam or reservoir.
``(e) Definitions.--For purposes of this section:
``(1) Closed-loop pumped storage project.--The term
`closed-loop pumped storage project' means a project for the
generation of electric power--
``(A) that--
``(i) is configured to use 2 or more
natural or artificial reservoirs or other water
bodies at different elevations; and
``(ii) can generate electric power as water
moves down through a turbine and recharge by
pumping water to the upper reservoir;
``(B) that will be constructed, operated, and
maintained for the generation of electric power in a
manner that ensures that the upper and lower reservoirs
or other water bodies do not impound any stream channel
of any surface body of water over which Congress has
jurisdiction under its authority to regulate commerce
with foreign nations and among the several States; and
``(C) in which any infrastructure connecting a
project reservoir and a natural surface waterway is
used for the sole purpose of the initial fill and
periodic recharge of reservoirs needed for project
operation.
``(2) Qualifying closed-loop pumped storage project.--The
term `qualifying closed-loop pumped storage project' means a
closed-loop pumped storage project that, as of the date of
enactment of the Hydropower Clean Energy Future Act, is not
licensed under, or exempted from the license requirements
contained in, this part.
``(f) Savings Clauses.--Nothing in this section affects--
``(1) any requirement of the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), or the National Environmental
Policy Act of 1969 (42 U.S.C. 4231 et seq.) that may apply to
the construction, operation, or maintenance of a closed-loop
pumped storage project; or
``(2) except as provided in subsection (d), any authority
of the Commission to license a closed-loop pumped storage
project under this part.''.
SEC. 7. EXTENSION OF TIME TO COMMENCE CONSTRUCTION OF CERTAIN
HYDROPOWER PROJECTS.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a hydropower project with respect to which--
(1) the Federal Energy Regulatory Commission issued a
license under the Federal Power Act before March 13, 2020; and
(2) construction has not commenced on the date of enactment
of this Act.
(b) Authorization of Extension.--Notwithstanding section 13 of the
Federal Power Act (16 U.S.C. 806), on the request of a licensee of a
covered project, the Federal Energy Regulatory Commission may, after
reasonable notice and for good cause shown, extend in accordance with
subsection (c) of this section the period during which the licensee is
required to commence construction of the covered project for an
additional 4 years beyond the 8 years authorized by such section 13.
(c) Period of Extension.--An extension of time to commence
construction of a covered project under subsection (b) shall--
(1) begin on the date on which the final extension of the
period for commencement of construction granted to the licensee
under section 13 of the Federal Power Act (16 U.S.C. 806)
expires; and
(2) end on the date that is 4 years after the latest date
to which the Federal Energy Regulatory Commission is authorized
to extend the period for commencement of construction under
such section 13.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Energy, Climate and Grid Security.
Subcommittee Consideration and Mark-up Session Held
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 16 - 12.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 19.
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