,,ii ,calendar ,no4 #fi #aacth ,,congress #ast ,session ,s4 #ede ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ac1 #bjac ,ms4 ,murkowski 7for herself1 ,mr4 ,wyden1 ,mr4 ,risch1 ,ms4 ,cantwell1 ,mr4 ,crapo1 ,mrs4 ,murray1 ,mr4 ,begich1 ,mr4 ,bennet1 ,mr4 ,udall of ,colorado1 ,mr4 ,coons1 ,mrs4 ,feinstein1 and ,mr4 ,casey7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,may #ac1 #bjac ,reported by ,mr4 ,wyden1 with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to improve hydropower1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hydropower ,improvement ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,sense of the ,senate on the use of hydropower renewable resources4 ,sec4 #e4 ,promoting hydropower development at nonpowered dams and closed loop pumped storage projects4 ,sec4 #f4 ,promoting conduit hydropower projects4 ,sec4 #g4 ,promoting small hydroelectric power projects4 ,sec4 #h4 ,,ferc authority to extend preliminary permit terms4 ,sec4 #i4 ,study of pumped storage and potential hydropower from conduits4 ,sec4 #aj4 ,report on memorandum of understanding on hydropower4 #b4 ,findings ,congress finds that-- 7#a7 hydropower is the largest source of clean1 renewable electricity in the ,united ,states2 7#b7 as of the date of enactment of this ,act1 hydropower resources1 including pumped storage facilities1 provide-- 7,a7 nearly #g percent of the electricity generated in the ,united ,states1 avoiding approximately #bjj1jjj1jjj metric tons of carbon emissions each year2 and 7,b7 approximately #ajj1jjj megawatts of electric capacity in the ,united ,states2 7#c7 only #c percent of the #hj1jjj dams in the ,united ,states generate electricity so there is substantial potential for adding hydropower generation to nonpower dams2 7#d7 in every ,state1 a tremendous untapped growth potential exists in hydropower resources1 including-- 7,a7 efficiency improvements and capacity additions2 7,b7 adding generation to nonpower dams2 7,c7 conduit hydropower2 7,d7 conventional hydropower2 7,e7 pumped storage facilities2 and 7,f7 new marine and hydrokinetic resources2 and 7#e7 improvements in increased hydropower production in the ,united ,states have the potential-- 7,a7 to increase the clean energy generation of the ,united ,states2 7,b7 to improve project performance and result in better environmental outcomes2 and 7,c7 to provide ancillary benefits that include grid reliability1 energy storage1 and integration services for variable renewable resources4 #c4 ,definitions ,in this ,act3 7#a7 ,conduit ,the term conduit means any tunnel1 canal1 pipeline1 aqueduct1 flume1 ditch1 or similar manmade water conveyance that is operated for the distribution of water for agricultural1 municipal1 or industrial consumption and not primarily for the generation of electricity4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,small hydroelectric power project ,the term small hydroelectric power project has the meaning given the term in section #d4cj of title #ah1 ,code of ,federal ,regulations4 #d4 ,sense of the ,senate on the use of hydropower renewable resources ,it is the sense of the ,senate that the ,united ,states should increase substantially the capacity and generation of clean1 renewable hydropower which will improve the environmental quality of resources in the ,united ,states and support local job creation and economic investment across the ,united ,states4 #e4 ,promoting hydropower development at nonpowered dams and closed loop pumped storage projects 7a7 ,in general ,to improve the regulatory process and reduce delays and costs for hydropower development at nonpowered dams and closed loop pumped storage projects1 the ,federal ,energy ,regulatory ,commission 7referred to in this section as the ,commission7 shall investigate the feasibility of the issuance of a license for certain hydropower development during the #b-year period beginning on the date of commencement of the prefiling licensing process of the ,commission 7referred to in this section as a #b-year process74 7b7 ,workshops and pilots ,the ,commission shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 hold an initial workshop to solicit public comment and recommendations on how to implement a #b-year process2 7#b7 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 #b-year process2 7#c7 not later than #ahj days after the date of enactment of this ,act1 develop and implement pilot projects to test a #b-year process1 if practicable2 and 7#d7 not later than #c years after the date of implementation of any pilot project to test a #b-year process1 hold a final workshop to solicit public comment on the effectiveness of the pilot project4 7c7 ,memorandum of understanding ,the ,commission shall1 to the maximum extent practicable1 enter into a memorandum of understanding with any applicable ,federal or ,state agency to implement a pilot project described in subsection 7b74 7d7 ,reports 7#a7 ,pilot projects not implemented ,if the ,commission determines that the pilot projects described in subsection 7b7 are not practicable1 not later than #bdj days after the date of enactment of this ,act1 the ,commission 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 that-- 7,a7 describes the public comments received as part of the initial workshop held under subsection 7b77#a72 and 7,b7 identifies the process1 legal1 environmental1 economic1 and other issues that justify the determination of the ,commission that a #b-year process is not practicable1 with recommendations on how ,congress may address or remedy the identified issues4 7#b7 ,pilot projects implemented ,if the ,commission develops and implements pilot projects involving a #b-year process described in subsection 7b71 not later than #fj days after the date of completion of any final workshop held under subsection 7b77#d71 the ,commission 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 that-- 7,a7 describes the outcomes of the pilot projects2 7,b7 describes the public comments from the final workshop on the effectiveness of the pilot projects2 and 7,c7 7i7 outlines how the ,commission will adopt policies under existing law 7including regulations7 that result in a #b-year process2 7ii7 outlines how the ,commission will proceed with a rulemaking to adopt a #b-year process in the regulations of the ,commission2 or 7iii7 identifies the process1 legal1 environmental1 economic1 and other issues that justify the determination of the ,commission that a #b-year process is not practicable1 with recommendations on how ,congress may address or remedy the identified issues4 #f4 ,promoting conduit hydropower projects 7a7 ,applicability of1 and exemption from1 licensing requirements ,section #cj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;a7 is amended-- 7#a7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 7#b7 by striking ,sec4 #cj4 and all that follows through the end of subsection 7b7 and inserting the following3 #cj4 ,conduit hydropower facilities 7a7 ,definitions ,in this section3 7#a7 ,conduit ,the term conduit means any tunnel1 canal1 pipeline1 aqueduct1 flume1 ditch1 or similar manmade water conveyance that is operated-- 7,a7 for the distribution of water for agricultural1 municipal1 or industrial consumption2 and 7,b7 not primarily for the generation of electricity4 7#b7 ,qualifying conduit hydropower facility ,the term qualifying conduit hydropower facility means a facility 7not including any dam or other impoundment7 that is determined or deemed under subsection 7b77#b77;,d7 to meet the qualifying criteria4 7#c7 ,qualifying criteria ,the term qualifying criteria means1 with respect to a facility1 that-- 7,a7 the facility is constructed1 operated1 or maintained for the generation of electric power and uses for the generation only the hydroelectric potential of a non-federally owned conduit2 7,b7 the facility has an installed capacity that does not exceed #e megawatts2 and 7,c7 on or before the date of enactment of the ,hydropower ,improvement ,act of #bjac1 the facility is not licensed under1 or exempted from the license requirements contained in1 this part4 7b7 ,administration 7#a7 ,in general ,a qualifying conduit hydropower facility shall not be required to be licensed under this part4 7#b7 ,notice of intent to construct facility 7,a7 ,in general ,any person1 ,state1 or municipality proposing to construct a qualifying conduit hydropower facility shall file with the ,commission a notice of intent to construct the qualifying conduit hydropower facility4 7,b7 ,information ,the notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria4 7,c7 ,initial determination ,not later than #ae days after receipt of a notice of intent is filed under subparagraph 7,a71 the ,commission shall-- 7i7 make an initial determination as to whether the facility meets the qualifying criteria2 and 7ii7 if the ,commission makes an initial determination1 pursuant to clause 7i7 that the facility meets the qualifying criteria1 publish public notice of the notice of intent filed under subparagraph 7,a74 7,d7 ,final determination ,if1 not later than #de days after the date of publication of the public notice described in subparagraph 7,c77ii7-- 7i7 an entity contests whether the facility meets the qualifying criteria1 the ,commission shall promptly issue a written determination as to whether the facility meets the qualifying criteria2 or 7ii7 no entity contests whether the facility meets the qualifying criteria1 the facility shall be considered to meet the qualifying criteria4 7c7 ,exemptions ,subject to subsection 7d71 the ,commission may grant an exemption in whole or in part from the requirements of this part1 including any license requirements contained in this part1 to any facility 7not including any dam or other impoundment7 constructed1 operated1 or maintained for the generation of electric power that the ,commission determines1 by rule or order-- 7#a7 uses for the generation only the hydroelectric potential of a conduit2 and 7#b7 has an installed capacity that does not exceed #dj megawatts4 2 7#c7 in subsection 7d7 7as redesigned by paragraph 7#a771 by striking subsection 7a7 and inserting subsection 7c72 and 7#d7 in subsection 7e7 7as so redesignated71 by striking subsection 7a7 and inserting subsection 7c74 7b7 ,conforming amendments 7#a7 ,section #baj7;j77#c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #hbd;a-#c7;j77#c77 is amended by striking section #cj7;c7 and inserting section #cj7;d74 7#b7 ,section #dje7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7;d77 is amended in the first sentence-- 7,a7 by striking subsections 7c7 and 7d7 each place it appears and inserting subsections 7d7 and 7e72 and 7,b7 by striking subsection 7a7 of such section #cj and inserting section #cj7;c7 of that ,act4 7#c7 ,section #cdja7;a77#b7 of the ,omnibus ,budget ,reconciliation ,act of #aihf 7#db ,u4,s4,c4 #gagh7;a77#b77 is amended by striking #cj7;e7 and inserting #cj7;f74 7#d7 ,section #bdb7;b77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha7;b77#c77 is amended by striking section #cj7;a77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;a7a77#b77 and inserting section #cj7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;a7a774 #g4 ,promoting small hydroelectric power projects ,section #dje7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7;d77 is amended in the first sentence by striking #e1jjj and inserting #aj1jjj4 #h4 ,,ferc authority to extend preliminary permit terms ,section #e of the ,federal ,power ,act 7#af ,u4,s4,c4 #gih7 is amended-- 7#a7 by designating the first1 second1 and third sentences as subsections 7a71 7c71 and 7d71 respectively2 and 7#b7 by inserting after subsection 7a7 7as so designated7 the following3 7b7 ,extension ,the ,commission may extend the term of a preliminary permit once for not more than #b additional years if the ,commission finds that the permittee has carried out activities under the permit in good faith and with reasonable diligence4 4 #i4 ,study of pumped storage and potential hydropower from conduits 7a7 ,in general ,the ,secretary shall conduct a study-- 7#a7 7,a7 of the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation1 including the potential for those existing facilities to be upgraded or retrofitted with advanced commercially available technology2 and 7,b7 of the technical potential of existing pumped storage facilities and new advanced pumped storage facilities1 to provide grid reliability benefits2 and 7#b7 7,a7 to identify the range of opportunities for hydropower that may be obtained from conduits 7as defined by the ,secretary7 in the ,united ,states2 and 7,b7 through case studies1 to assess amounts of potential energy generation from such conduit hydropower projects4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary 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 that describes the results of the study conducted under subsection 7a71 including any recommendations4 #aj4 ,report on memorandum of understanding on hydropower ,not later than #ahj days after the date of enactment of this ,act1 the ,president 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 on actions taken by the ,department of ,energy1 the ,department of the ,interior1 and the ,corps of ,engineers to carry out the memorandum of understanding on hydropower entered into on ,march #bd1 #bjaj1 with particular emphasis on actions taken by the agencies to work together and investigate ways to efficiently and responsibly facilitate the ,federal permitting process for ,federal and non-,federal hydropower projects at ,federal facilities1 within existing authority4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,hydropower ,regulatory ,efficiency ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,promoting small hydroelectric power projects4 ,sec4 #d4 ,promoting conduit hydropower projects4 ,sec4 #e4 ,,ferc authority to extend preliminary permit periods4 ,sec4 #f4 ,promoting hydropower development at nonpowered dams and closed loop pumped storage projects4 ,sec4 #g4 ,,doe study of pumped storage and potential hydropower from conduits4 #b4 ,findings ,congress finds that-- 7#a7 the hydropower industry currently employs approximately #cjj1jjj workers across the ,united ,states2 7#b7 hydropower is the largest source of clean1 renewable electricity in the ,united ,states2 7#c7 as of the date of enactment of this ,act1 hydropower resources1 including pumped storage facilities1 provide-- 7,a7 nearly #g percent of the electricity generated in the ,united ,states2 and 7,b7 approximately #ajj1jjj megawatts of electric capacity in the ,united ,states2 7#d7 only #c percent of the #hj1jjj dams in the ,united ,states generate electricity1 so there is substantial potential for adding hydropower generation to nonpowered dams2 and 7#e7 according to one study1 by utilizing currently untapped resources1 the ,united ,states could add approximately #fj1jjj megawatts of new hydropower capacity by #bjbe1 which could create #gjj1jjj new jobs over the next #ac years4 #c4 ,promoting small hydroelectric power projects ,subsection 7d7 of section #dje of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7 is amended by striking #e1jjj and inserting #aj1jjj4 #d4 ,promoting conduit hydropower projects 7a7 ,applicability of1 and exemption from1 licensing requirements ,section #cj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;a7 is amended-- 7#a7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 7#a7 ,a qualifying conduit hydropower facility shall not be required to be licensed under this part4 7#b7 7,a7 ,any person1 ,state1 or municipality proposing to construct a qualifying conduit hydropower facility shall file with the ,commission a notice of intent to construct such facility4 ,the notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria4 7,b7 ,not later than #ae days after receipt of a notice of intent filed under subparagraph 7,a71 the ,commission shall-- 7i7 make an initial determination as to whether the facility meets the qualifying criteria2 and 7ii7 if the ,commission makes an initial determination1 pursuant to clause 7i71 that the facility meets the qualifying criteria1 publish public notice of the notice of intent filed under subparagraph 7,a74 7,c7 ,if1 not later than #de days after the date of publication of the public notice described in subparagraph 7,b77ii7-- 7i7 an entity contests whether the facility meets the qualifying criteria1 the ,commission shall promptly issue a written determination as to whether the facility meets such criteria2 or 7ii7 no entity contests whether the facility meets the qualifying criteria1 the facility shall be deemed to meet such criteria4 7#c7 ,for purposes of this section3 7,a7 ,the term conduit means any tunnel1 canal1 pipeline1 aqueduct1 flume1 ditch1 or similar manmade water conveyance that is operated for the distribution of water for agricultural1 municipal1 or industrial consumption and not primarily for the generation of electricity4 7,b7 ,the term qualifying conduit hydropower facility means a facility 7not including any dam or other impoundment7 that is determined or deemed under paragraph 7#b77;,c7 to meet the qualifying criteria4 7,c7 ,the term qualifying criteria means1 with respect to a facility-- 7i7 the facility is constructed1 operated1 or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit2 7ii7 the facility has an installed capacity that does not exceed #e megawatts2 and 7iii7 on or before the date of enactment of the ,hydropower ,regulatory ,efficiency ,act of #bjac1 the facility is not licensed under1 or exempted from the license requirements contained in1 this part4 7b7 ,subject to subsection 7c71 the ,commission may grant an exemption in whole or in part from the requirements of this part1 including any license requirements contained in this part1 to any facility 7not including any dam or other impoundment7 constructed1 operated1 or maintained for the generation of electric power which the ,commission determines1 by rule or order-- 7#a7 utilizes for such generation only the hydroelectric potential of a conduit2 and 7#b7 has an installed capacity that does not exceed #dj megawatts4 2 7#b7 in subsection 7c71 by striking subsection 7a7 and inserting subsection 7b72 and 7#c7 in subsection 7d71 by striking subsection 7a7 and inserting subsection 7b74 7b7 ,conforming amendment ,subsection 7d7 of section #dje of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje71 as amended1 is further amended by striking subsection 7a7 of such section #cj and inserting subsection 7b7 of such section #cj4 #e4 ,,ferc authority to extend preliminary permit periods ,section #e of the ,federal ,power ,act 7#af ,u4,s4,c4 #gih7 is amended-- 7#a7 by designating the first1 second1 and third sentences as subsections 7a71 7c71 and 7d71 respectively2 and 7#b7 by inserting after subsection 7a7 7as so designated7 the following3 7b7 ,the ,commission may extend the period of a preliminary permit once for not more than #b additional years beyond the #c years permitted by subsection 7a7 if the ,commission finds that the permittee has carried out activities under such permit in good faith and with reasonable diligence4 4 #f4 ,promoting hydropower development at nonpowered dams and closed loop pumped storage projects 7a7 ,in general ,to improve the regulatory process and reduce delays and costs for hydropower development at nonpowered dams and closed loop pumped storage projects1 the ,federal ,energy ,regulatory ,commission 7referred to in this section as the ,commission7 shall investigate the feasibility of the issuance of a license for hydropower development at nonpowered dams and closed loop pumped storage projects in a #b-year period 7referred to in this section as a #b-year process74 ,such a #b-year process shall include any prefiling licensing process of the ,commission4 7b7 ,workshops and pilots ,the ,commission shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 hold an initial workshop to solicit public comment and recommendations on how to implement a #b-year process2 7#b7 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 #b-year process2 7#c7 not later than #ahj days after the date of enactment of this ,act1 develop and implement pilot projects to test a #b-year process1 if practicable2 and 7#d7 not later than #c years after the date of implementation of the final pilot project testing a #b-year process1 hold a final workshop to solicit public comment on the effectiveness of each tested #b-year process4 7c7 ,memorandum of understanding ,the ,commission shall1 to the extent practicable1 enter into a memorandum of understanding with any applicable ,federal or ,state agency to implement a pilot project described in subsection 7b74 7d7 ,reports 7#a7 ,pilot projects not implemented ,if the ,commission determines that no pilot project described in subsection 7b7 is practicable because no #b-year process is practicable1 not later than #bdj days after the date of enactment of this ,act1 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-- 7,a7 describes the public comments received as part of the initial workshop held under subsection 7b77#a72 and 7,b7 identifies the process1 legal1 environmental1 economic1 and other issues that justify the determination of the ,commission that no #b-year process is practicable1 with recommendations on how ,congress may address or remedy the identified issues4 7#b7 ,pilot projects implemented ,if the ,commission develops and implements pilot projects involving a #b-year process1 not later than #fj days after the date of completion of the final workshop held under subsection 7b77#d71 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-- 7,a7 describes the outcomes of the pilot projects2 7,b7 describes the public comments from the final workshop on the effectiveness of each tested #b-year process2 and 7,c7 7i7 outlines how the ,commission will adopt policies under existing law 7including regulations7 that result in a #b-year process for appropriate projects2 7ii7 outlines how the ,commission will issue new regulations to adopt a #b-year process for appropriate projects2 or 7iii7 identifies the process1 legal1 environmental1 economic1 and other issues that justify a determination of the ,commission that no #b-year process is practicable1 with recommendations on how ,congress may address or remedy the identified issues4 #g4 ,,doe study of pumped storage and potential hydropower from conduits 7a7 ,in general ,the ,secretary of ,energy shall conduct a study-- 7#a7 7,a7 of the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation1 including the potential for such existing facilities to be upgraded or retrofitted with advanced commercially available technology2 and 7,b7 of the technical potential of existing pumped storage facilities and new advanced pumped storage facilities1 to provide grid reliability benefits2 and 7#b7 7,a7 to identify the range of opportunities for hydropower that may be obtained from conduits 7as defined by the ,secretary7 in the ,united ,states2 and 7,b7 through case studies1 to assess amounts of potential energy generation from such conduit hydropower projects4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 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 7a71 including any recommendations4 ,may #ac1 #bjac ,reported with an amendment