The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“HYDROPOWER REGULATORY EFFICIENCY ACT OF 2012” mentioning the U.S. Dept. of Energy was published in the House of Representatives section on pages H4666-H4670 on July 9, 2012.
The publication is reproduced in full below:
HYDROPOWER REGULATORY EFFICIENCY ACT OF 2012
Mrs. McMORRIS RODGERS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5892) to improve hydropower, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5892
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hydropower Regulatory Efficiency Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Promoting small hydroelectric power projects.
Sec. 4. Promoting conduit hydropower projects. Sec. 5. FERC authority to extend preliminary permit periods.
Sec. 6. Promoting hydropower development at nonpowered dams and closed loop pumped storage projects.
Sec. 7. DOE study of pumped storage and potential hydropower from conduits.
SEC. 2. FINDINGS.
Congress finds that--
(1) the hydropower industry currently employs approximately 300,000 workers across the United States;
(2) hydropower is the largest source of clean, renewable electricity in the United States;
(3) as of the date of enactment of this Act, hydropower resources, including pumped storage facilities, provide--
(A) nearly 7 percent of the electricity generated in the United States; and
(B) approximately 100,000 megawatts of electric capacity in the United States;
(4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to nonpowered dams; and
(5) according to one study, by utilizing currently untapped resources, the United States could add approximately 60,000 megawatts of new hydropower capacity by 2025, which could create 700,000 new jobs over the next 13 years.
SEC. 3. PROMOTING SMALL HYDROELECTRIC POWER PROJECTS.
Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705) is amended by striking ``5,000'' and inserting ``10,000''.
SEC. 4. PROMOTING CONDUIT HYDROPOWER PROJECTS.
(a) Applicability of, and Exemption From, Licensing Requirements.--Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended--
(1) by striking subsections (a) and (b) and inserting the following:
``(a)(1) A qualifying conduit hydropower facility shall not be required to be licensed under this part.
``(2)(A) Any person, State, or municipality proposing to construct a qualifying conduit hydropower facility shall file with the Commission a notice of intent to construct such facility. The notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria.
``(B) Not later than 15 days after receipt of a notice of intent filed under subparagraph (A), the Commission shall--
``(i) make an initial determination as to whether the facility meets the qualifying criteria; and
``(ii) if the Commission makes an initial determination, pursuant to clause (i), that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph (A).
``(C) If, not later than 45 days after the date of publication of the public notice described in subparagraph
(B)(ii)--
``(i) an entity contests whether the facility meets the qualifying criteria, the Commission shall promptly issue a written determination as to whether the facility meets such criteria; or
``(ii) no entity contests whether the facility meets the qualifying criteria, the facility shall be deemed to meet such criteria.
``(3) For purposes of this section:
``(A) The term `conduit' means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
``(B) The term `qualifying conduit hydropower facility' means a facility (not including any dam or other impoundment) that is determined or deemed under paragraph (2)(C) to meet the qualifying criteria.
``(C) The term `qualifying criteria' means, with respect to a facility--
``(i) the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit;
``(ii) the facility has an installed capacity that does not exceed 5 megawatts; and
``(iii) on or before the date of enactment of the Hydropower Regulatory Efficiency Act of 2012, the facility is not licensed under, or exempted from the license requirements contained in, this part.
``(b) Subject to subsection (c), the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power which the Commission determines, by rule or order--
``(1) utilizes for such generation only the hydroelectric potential of a conduit; and
``(2) has an installed capacity that does not exceed 40 megawatts.''.
(2) in subsection (c), by striking ``subsection (a)'' and inserting ``subsection (b)''; and
(3) in subsection (d), by striking ``subsection (a)'' and inserting ``subsection (b)''.
(b) Conforming Amendment.--Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705), as amended, is further amended by striking
``subsection (a) of such section 30'' and inserting
``subsection (b) of such section 30''.
SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT PERIODS.
Section 5 of the Federal Power Act (16 U.S.C. 798) is amended--
(1) by designating the first, second, and third sentences as subsections (a), (c), and (d), respectively; and
(2) by inserting after subsection (a) (as so designated) the following:
``(b) The Commission may extend the period of a preliminary permit once for not more than 2 additional years beyond the 3 years permitted by subsection (a) if the Commission finds that the permittee has carried out activities under such permit in good faith and with reasonable diligence.''.
SEC. 6. PROMOTING HYDROPOWER DEVELOPMENT AT NONPOWERED DAMS
AND CLOSED LOOP PUMPED STORAGE PROJECTS.
(a) In General.--To improve the regulatory process and reduce delays and costs for hydropower development at nonpowered dams and closed loop pumped storage projects, the Federal Energy Regulatory Commission (referred to in this section as the ``Commission'') shall investigate the feasibility of the issuance of a license for hydropower development at nonpowered dams and closed loop pumped storage projects in a 2-year period (referred to in this section as a
``2-year process''). Such a 2-year process shall include any prefiling licensing process of the Commission.
(b) Workshops and Pilots.--The Commission shall--
(1) not later than 60 days after the date of enactment of this Act, hold an initial workshop to solicit public comment and recommendations on how to implement a 2-year process;
(2) develop criteria for identifying projects featuring hydropower development at nonpowered dams and closed loop pumped storage projects that may be appropriate for licensing within a 2-year process;
(3) not later than 180 days after the date of enactment of this Act, develop and implement pilot projects to test a 2-year process, if practicable; and
(4) not later than 3 years after the date of implementation of the final pilot project testing a 2-year process, hold a final workshop to solicit public comment on the effectiveness of each tested 2-year process.
(c) Memorandum of Understanding.--The Commission shall, to the extent practicable, enter into a memorandum of understanding with any applicable Federal or State agency to implement a pilot project described in subsection (b).
(d) Reports.--
(1) Pilot projects not implemented.--If the Commission determines that no pilot project described in subsection (b) is practicable because no 2-year process is practicable, not later than 240 days after the date of enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that--
(A) describes the public comments received as part of the initial workshop held under subsection (b)(1); and
(B) identifies the process, legal, environmental, economic, and other issues that justify the determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues.
(2) Pilot projects implemented.--If the Commission develops and implements pilot projects involving a 2-year process, not later than 60 days after the date of completion of the final workshop held under subsection (b)(4), the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that--
(A) describes the outcomes of the pilot projects;
(B) describes the public comments from the final workshop on the effectiveness of each tested 2-year process; and
(C)(i) outlines how the Commission will adopt policies under existing law (including regulations) that result in a 2-year process for appropriate projects;
(ii) outlines how the Commission will issue new regulations to adopt a 2-year process for appropriate projects; or
(iii) identifies the process, legal, environmental, economic, and other issues that justify a determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues.
SEC. 7. DOE STUDY OF PUMPED STORAGE AND POTENTIAL HYDROPOWER
FROM CONDUITS.
(a) In General.--The Secretary of Energy shall conduct a study--
(1)(A) of the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such existing facilities to be upgraded or retrofitted with advanced commercially available technology; and
(B) of the technical potential of existing pumped storage facilities and new advanced pumped storage facilities, to provide grid reliability benefits; and
(2)(A) to identify the range of opportunities for hydropower that may be obtained from conduits (as defined by the Secretary) in the United States; and
(B) through case studies, to assess amounts of potential energy generation from such conduit hydropower projects.
(b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study conducted under subsection (a), including any recommendations.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from Washington (Mrs. McMorris Rodgers) and the gentlewoman from Colorado
(Ms. DeGette) each will control 20 minutes.
The Chair recognizes the gentlewoman from Washington.
General Leave
Mrs. McMORRIS RODGERS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 5892.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Washington?
There was no objection.
Mrs. McMORRIS RODGERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 5892, the Hydropower Regulatory Efficiency Act of 2012, which I introduced, along with my good friend from Colorado, Representative Diana DeGette.
To see the potential and the benefits of hydropower, all we have to do is look at my home State of Washington, which gets over 75 percent of its power from clean, reliable hydropower and has some of the Nation's lowest electricity rates.
The Columbia and Snake River dams in eastern Washington, through irrigation, transformed a dry, barren desert with sagebrush to one of the most productive agriculture regions in the world. The low cost of hydropower brought high-tech companies like Google and Yahoo to relocate their servers there. Manufacturing facilities like BMW have now opened plants in Moses Lake, and the significant transportation benefits hydropower infrastructure provides to our Nation's barging are all as a result of hydropower.
Yet, notwithstanding all of these benefits, the regulatory approval process for hydropower development, especially for smaller projects, can be unnecessarily slow, costly, and cumbersome. That's why I authored, and I urge my colleagues to support, H.R. 5892, which reforms and streamlines the hydropower permitting and regulatory process for small hydropower and conduit projects, reducing the burdens impeding development and getting low-cost electricity to communities faster.
Mr. Speaker, few would disagree that we as a Nation need to become more energy independent. Along with Members on both sides of the aisle, I support an all-of-the-above energy strategy. The Department of Energy has also a goal of doubling the amount of hydropower produced in the United States, which a recent National Hydropower Association study revealed could be accomplished without building a single new dam by simply investing in new technologies and turbines. Mr. Speaker, the benefits and the overwhelming potential is why I urge the President to include hydropower in his all-of-the-above energy strategy.
As part of an all-of-the-above strategy, we need to domestically produce more oil, coal, natural gas, and renewable energies like hydropower. According to the Energy Information Administration, currently 75 percent of all renewable energy produced in the United States is hydropower. However, that only accounts for 7 percent of the total electricity nationwide, and we've hardly scratched the surface of hydropower's potential. By utilizing currently untapped resources, the United States could add approximately 60,000 megawatts of new hydropower by 2025.
Furthermore, with job growth still at a sluggish pace and far too many Americans out of work, we should be looking at every opportunity to put Americans back to work. Increased hydropower development will do just that, with the potential to create up to 700,000 jobs over the next decade. Unleashing American ingenuity to increase hydropower production will lower energy costs and help create thousands of jobs.
Mr. Speaker, I urge all my colleagues to support American energy and support H.R. 5892.
I reserve the balance of my time.
Congress of the United States,
House of Representatives,
May 29, 2012.Hon. Barack Obama,The White House,Washington, DC.
Dear Mr. President: As we continue to advance policies that will reduce America's dependency on foreign energy under the
``all-of-the-above'' mantra, I respectfully urge you to consider our nation's largest, cleanest, and most inexpensive renewable energy source--hydroelectric power.
According to your Department of Energy, approximately only seven percent of our nation's total electricity and nearly seventy-five percent of all renewable energy comes from hydropower. Hydropower's undeveloped potential is nearly exponential. Currently, only three percent of the 84,000 dams in the United States produce hydropower and hydropower production could double without building a single new dam. Not to mention the commonsense regulatory reforms that can be made to reduce the regulatory burden constraining hydropower production. The first and foremost beneficiary of increasing the development of this clean renewable energy source will be consumers with lower utility bills.
While I applaud your decision to embrace an ``all-of-the-above'' energy approach, I am disappointed your ``all-of-the-above'' approach does not include hydropower. According to your campaign website, the United States' leading renewable energy source does not play a role in our nation's energy future. With the potential and benefits of hydropower in mind, I respectfully urge you to reevaluate and include hydropower in your ``all-of-the-above'' approach to energy independence.
Sincerely,Cathy McMorris Rodgers.
____
National Hydropower Association,
Washington, DC, July 9, 2012.Hon. Cathy McMorris Rodgers,Washington, DC.Hon. Diana DeGette,Washington, DC.
Dear Representative McMorris Rodgers and Representative DeGetter: On behalf of the National Hydropower Association
(NHA) I want to extend our appreciation for your leadership on hydropower issues and recognize your tremendous work on H.R. 5892, the Hydropower Regulatory Efficiency Act of 2012.
NHA fully supports the legislation, which provides common-sense improvements to the development process for small hydropower and conduit projects while also seeking solutions to unlock new generation at existing non-powered dam infrastructure and closed-loop pumped storage facilities.
Hydropower is an integral part of America's energy portfolio. The adoption of smart, targeted policies, such as H.R. 5892, allows our nation to tap new hydropower resources to meet future energy needs.
Once again, we commend your work to increase affordable, reliable, and renewable hydropower deployment and for crafting a bill that has garnered broad bipartisan support as well as the endorsement of both the industry and the environmental community.
Sincerely,
Linda Church Ciocci,Executive Director.
____
Hydrovolts,
June 19, 2012.Hon. Cathy McMorris Rogers,House of Representatives,Washington, DC.
Dear Representative McMorris Rodgers: We are writing to express our support for H.R. 5892, the ``Hydropower Regulatory Efficiency Act of 2012.''
Hydrovolts, headquartered in Seattle, Washington, is a manufacturer of portable hydropower turbines that harvest hydrokinetic energy from water channels. Primarily working with irrigation districts, water treatment plants and other water system operators who can purchase multiple turbines, we are working to help revolutionize renewable in-stream hydropower generation and make it cost-effective for the USA and for an untapped global export market. Deployed in the huge water supply canals that now cross the continents, these turbines have no environmental impact and can be mass-produced like cars, creating good manufacturing jobs. Hydrovolts' ingenious design and business plan have won awards from cleantech venture contests and investments from individuals and corporations. Please see the online video about Hydrovolts at www.youtube.com/watch?v=gbh6K5LVrj0.
By taking advantage of the regulatory scheme created in H.R. 5892 that allows for the rapid deployment of small hydropower technology, Hydrovolts will be able to affordably harness the hydrokinetic energy flowing through thousands of miles of canals. Hydrovolts has already built and installed turbines that are scalable, portable, low cost and easy to install. They will create clean energy that is accessible and affordable in potentially millions of sites.
H.R. 5892 will directly and dramatically help our company grow and succeed, by removing regulatory barriers that are unreasonably imposed on this untapped hydropower resource. We will get many more customers and hire more people because of this legislation. It will help launch an entirely new clean energy source for America--canal power--as well as removing a major regulatory barrier to many existing proposed hydropower projects. This is an example of pursing an ``all of the above'' energy security objective from a new perspective of distributed hydropower that supports manufacturing and agriculture. Above all, Hydrovolts supports this legislation because it is an important step towards the goal of expanding hydropower production.
Founded in April of 2007, Hydrovolts has proven that it is a strong small business with large potential. To date, our most notable achievements are:
Performance design and function validated at University of Washington, USGS lab, US Navy
Successful demonstration project in Washington's Roza Irrigation District
Signed first-ever licensing agreement for demonstration in Federal canals with USBR
Winner of three national contests for cleantech business plans
Raised $3 million from private investors and grown to 14 employees, without receiving any government subsidies or grants.
On June 19th, we met with Shaughnessy Murphy on your staff to discuss this important legislation and we look forward to continue working with you on this important legislation. The leadership you have demonstrated on the issue of renewable energy is appreciated. If there are opportunities for entrepreneurs to testify to Congress in support of H.R. 5892, we will be happy to come to Washington DC to speak up. Please don't hesitate to reach out for this.
Should you have any additional questions or wish to reach me, please feel free to contact me at 206.658-4380 or
[email protected]
Sincerely,
Burt Hamner,CEO, Hydrovolts, Inc.
____
Public Utility District No. 1
of Chelan County,
Wenatchee, WA, July 5, 2012.Hon. Cathy McMorris Rodgers,Washington, DC.
Dear Representative McMorris Rodgers: On behalf of Chelan County PUD, I would like to thank you for sponsoring H.R. 5892, the Hydropower Regulatory Efficiency Act of 2012. Your leadership in recognizing the importance of hydropower's renewable character and economic contributions is very much appreciated. As a large hydropower generator in north central Washington State, Chelan PUD and our customers benefit significantly from this clean source of electric generation. We believe hydropower is a critical and under-appreciated resource in our nation's electric generation mix.
We are encouraged that H.R. 5892 will help facilitate hydropower development by addressing regulatory barriers for small hydropower and conduit hydropower, projects at non-powered dams, and closed loop pumped storage. These efforts are an important step in increasing generation from renewable hydropower and better-utilizing existing infrastructure. We also agree that studying the potential for pumped storage to support integration of intermittent renewable generation will be helpful as the Northwest and other regions work to integrate increasing amounts of wind into the electric grid.
Overall, we are hopeful that your legislative efforts will bring needed recognition and appreciation for the contributions of hydropower to our nation's electric generation mix. We thank you for your hard work and dedication to this issue.
Sincerely,
John Janney,General Manager.
____
Grant County, Public Utility District, Excellence in
Service and Leadership,
Ephrata, Washington, July 5, 2012.Hon. Cathy McMorris Rodgers,House of Representatives,Washington, DC.
Dear Congresswoman McMorris Rodgers: Grant County Public Utility District (Grant PUD) applauds your extraordinary leadership in Congress to increase our nation's renewable hydropower capacity and expand American jobs and economic opportunities throughout the United States.
Grant PUD strongly supports your bi-partisan legislation--H.R. 5892, the Hydropower Regulatory Efficiency Act of 2012. We are pleased that this bi-partisan bill, introduced by yourself and Rep. Diana DeGette (D-CO), is scheduled for passage by the U.S. House of Representatives on July 9, 2012. Grant PUD believes it will foster significant growth of sustainable hydropower development that will strengthen our domestic economy, environment and renewable energy supplies.
We also commend the many additional co-sponsors of this legislation, which include:
Rep. John Dingell (D-MI)
Rep. Cory Gardner (R-CO)
Rep. Robert Latta (R-OH)
Rep. Ben Lujan (D-NM)
Rep. Ed Markey (D-MA)
Rep. Jim Matheson (D-UT)
Rep. Todd Platts (R-PA)
Rep. Lamar Smith (R-TX)
Rep. Lee Terry (R-NE)
Rep. Greg Walden (R-OR)
Hydropower is a reliable, available, affordable and renewable energy resource. H.R. 5892 reminds us that hydropower has much more to offer and must play a key role in any ``all-of-the-above'' energy strategy. Think about this one statistic: Of the 80,000 dams across the United States, just three percent (3%) are utilized to generate hydroelectricity. Just three percent! This legislation puts America on a path to tap this available infrastructure, support our environment and employ hundreds of thousands of American workers.
According to the Department of Energy, 12,000 megawatts
(MW) of new hydropower capacity could be developed at existing dams that currently do not generate electricity. This would increase U.S. hydropower capacity by 15 percent without building any new dams. That is enough energy to serve 4.5 million residential customers.
Grant PUD strongly supports the Hydropower Regulatory Efficiency Act of 2012, which also enjoys broad public support from American Rivers to the National Hydropower Association.
We appreciate your leadership on national energy issues and stand ready to assist you and the bill's numerous co-sponsors in promoting hydropower as a reliable, available, affordable and sustainable source of renewable electricity that will protect our environment and expand American job opportunities.
Sincerely,Andrew D. Munro,
Grant PUD--Director, Customer Service Division, and Past President, National Hydropower Association.
Ms. DeGETTE. Mr. Speaker, I yield myself such time as I may consume.
I'm proud to stand here today with my Western colleague, Mrs. McMorris Rodgers, to speak in support of the Hydropower Regulatory Efficiency Act, H.R. 5892. Both of us realize how important hydropower is towards our country and towards energy independence. It's the largest source of renewable energy in America today, but, as Mrs. McMorris Rodgers said, it's only 3 percent of our Nation's dams that are producing this power.
The Hydropower Regulatory Efficiency Act will enable increased electricity production from clean domestic energy sources by removing roadblocks to new hydropower projects. This legislation will create smarter and more efficient permitting processes for hydropower projects across the Nation by easing the licensing requirements for small hydroelectric projects.
In particular, the bill will allow the Federal Energy Regulatory Commission to extend preliminary permits for those projects that had been conducted responsibly and to expand the number of hydropower projects that are exempt from FERC licensing requirements. The bill also directs FERC and the Secretary of Energy to perform studies that will reveal new potential for hydropower production and to increase grid reliability. This legislation will promote growth in our hydropower industry and it will create new jobs.
Since my colleague, Mrs. McMorris Rodgers, and I began crafting this bill in December of last year, it has advanced with strong bipartisan support every step of the way. This is a testament both to the substance of the bill and to the spirit of everybody who contributed to the process. Members, staff, and stakeholders negotiated constructively and openly to produce this legislation. It's important for us to realize that even in these politically charged times, such collaboration is possible and necessary for us to fulfill our commitment to the American public.
I want to thank my colleague across the aisle for her hard work on this bill, and I also want to acknowledge Ranking Member Waxman and Chairman Upton on the Energy and Commerce Committee for their support throughout the process.
H.R. 5892 will expand our potential to advance clean energy production and create jobs. I urge all Members to vote for this bill.
Mr. Chairman, I yield back the balance of my time.
Mrs. McMORRIS RODGERS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from Washington (Mrs. McMorris Rodgers) that the House suspend the rules and pass the bill, H.R. 5892.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.
Ms. DeGETTE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed.
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