,,ii #aadth ,,congress #ast ,session ,s4 #abcf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #f1 #bjae ,ms4 ,murkowski introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,federal ,power ,act to modify certain requirements relating to trial-type hearings with respect to certain license applications before the ,federal ,energy ,regulatory ,commission1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hydropower ,improvement ,act of #bjae4 #b4 ,findings ,congress finds that-- 7#a7 according to the ,energy ,information ,administration1 hydropower is the largest renewable energy source for electricity generation in the ,united ,states2 7#b7 as of the date of enactment of this ,act-- 7,a7 hydropower accounted for-- 7i7 #eb percent of electricity generation from renewable resources in the ,united ,states2 and 7ii7 approximately #f percent of total electricity generation in the ,united ,states2 and 7,b7 the use of hydropower results in a reduction of #bjj1jjj1jjj metric tons of carbon emissions each year2 7#c7 with approximately #ajj1jjj megawatts of electric capacity1 hydropower provides low-cost power to #cj1jjj1jjj homes in the ,united ,states2 7#d7 hydropower provides-- 7,a7 baseload power2 7,b7 ancillary benefits that include grid reliability and energy storage2 and 7,c7 integration and balancing services for variable renewable electricity resources1 such as wind and solar2 7#e7 the ,department of ,energy estimates that an additional #cjj gigawatts of hydropower could be realized in the ,united ,states through-- 7,a7 efficiency and capacity upgrades at existing facilities2 7,b7 powering nonpowered dams2 7,c7 the development of new small hydropower projects2 and 7,d7 pumped storage hydropower2 and 7#f7 the electric power systems in the ,united ,states and ,canada form a highly integrated ,north ,american grid as-- 7,a7 the systems are connected at over #ce points2 7,b7 on average1 ,canada exports #e to #aj percent of its total electric generation to ,united ,states markets1 with hydropower resources comprising over #hj percent of the exports2 and 7,c7 hydropower imports into the ,united ,states from ,canada help stabilize the electric system during-- 7i7 sudden disturbances1 such as the #bjjc ,northeast blackout2 and 7ii7 severe weather events1 such as the #bjad polar vortex4 #c4 ,sense of ,congress on the use of hydropower renewable resources ,it is the sense of ,congress that-- 7#a7 hydropower is a renewable resource for purposes of all ,federal programs and is an essential source of energy in the ,united ,states2 and 7#b7 the ,united ,states should increase substantially the capacity and generation of clean1 renewable hydropower resources that would improve environmental quality in the ,united ,states and support over #a1jjj1jjj clean energy jobs4 #d4 ,modifying the definition of renewable energy to include hydropower ,section #bjc7;b77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b77#b77 is amended by striking new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project and inserting hydropower4 #e4 ,licenses for construction ,the first proviso of section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking deem and inserting determine to be2 and 7,b7 by striking utilization of such reservation4 and inserting the following3 utilization of such reservation1 but only if the conditions pertain to reservation land on which project works are located1 have a clear and direct nexus to the presence or operations of the project being licensed1 as determined by the ,commission1 and are submitted in accordance with the schedule established under section #ce2 and 7#b7 by striking the second1 third1 and fourth sentences4 #f4 ,preliminary permits ,section #e of the ,federal ,power ,act 7#af ,u4,s4,c4 #gih7 is amended-- 7#a7 in subsection 7a71 by striking three and inserting #d2 and 7#b7 in subsection 7b7-- 7,a7 by striking ,commission may extend the period of a preliminary permit once for not more than #b additional years beyond the #c years and inserting the following3 ,commission may-- 7#a7 extend the period of a preliminary permit once for not more than #d additional years beyond the #d years 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 after the end of an extension period granted under paragraph 7#a71 issue an additional permit to the permittee if the ,commission determines that there are extraordinary circumstances that warrant the issuance of the additional permit4 4 #g4 ,time limit for construction of project works ,section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 is amended in the second sentence by striking once but not longer than two additional years and inserting for not more than #h additional years14 #h4 ,license term ,section #ae7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjh7;e77 is amended-- 7a7 by striking 7e7 ,except and inserting the following3 7e7 ,license term on relicensing 7#a7 ,in general ,except 2 and 7b7 by adding at the end the following3 7#b7 ,consideration ,in determining the term of a license under paragraph 7#a71 the ,commission shall consider project-related investments by the licensee over the term of the existing license 7including any terms under annual licenses7 that resulted in new development1 construction1 capacity1 efficiency improvements1 or environmental measures1 but which did not result in the extension of the term of the license by the ,commission4 4 #i4 ,operation of navigation facilities ,section #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #haa7 is amended-- 7#a7 in the first sentence1 by inserting after the ,secretary of ,commerce the following3 or the ,secretary of the ,interior1 as appropriate1 but only if the fishways are necessary to mitigate effects of the project on fish populations1 have a clear and direct nexus to the presence or operations of the project being licensed1 as determined by the ,commission1 and are submitted in accordance with the schedule established under section #ce2 and 7#b7 by striking the second1 third1 and fourth sentences4 #aj4 ,alternative conditions and prescriptions ,section #cc of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking deems and inserting determines2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking in paragraph 7#a71 and and inserting in paragraph 7#a71 as submitted and without modification1 and2 7,,ii7 by striking if the ,secretary determines1 and inserting if the ,commission determines12 and 7,,iii7 by striking otherwise available to the ,secretary and inserting otherwise available to the ,commission2 7ii7 in subparagraph 7,a71 by striking provides for the adequate protection and utilization of the reservation and inserting adequately protects the reservation from adverse effects of the project2 and 7iii7 in subparagraph 7,b71 in the matter preceding clause 7i71 by inserting determined to be necessary before by the ,secretary2 7,c7 in paragraph 7#c7-- 7i7 by striking ,secretary each place it appears and inserting ,commission2 and 7ii7 by striking evidence provided by the ,commission and inserting evidence provided by the ,secretary2 7,d7 by striking paragraph 7#d72 and 7,e7 by striking paragraph 7#e72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 in the matter preceding subparagraph 7,a7-- 7i7 by striking referred to in paragraph 7#a71 if the ,secretary of the appropriate department and inserting referred to in paragraph 7#a71 as submitted and without modification1 if the ,commission2 and 7ii7 by striking otherwise available to the ,secretary and inserting otherwise available to the ,commission2 7,b7 in paragraph 7#c7-- 7i7 by striking the ,secretary shall consider and inserting the ,commission shall consider2 7ii7 by striking otherwise available to the ,secretary and inserting otherwise available to the ,commission2 and 7iii7 by striking evidence provided by the ,commission and inserting evidence provided by the ,secretary concerned2 7,c7 by striking paragraph 7#d72 and 7,d7 by striking paragraph 7#e72 and 7#c7 by adding at the end the following3 7c7 ,applicability ,this section applies to-- 7#a7 any proceeding under this part in which a ,secretary proposes a condition to a license under the first proviso of section #d7;e72 7#b7 any proceeding under this part in which a ,secretary proposes a prescription for a fishway under section #ah2 and 7#c7 any instance in which a ,secretary seeks to exercise reserved authority under a license to prescribe1 submit1 or revise any condition to a license1 under the first provision of section #d7;e7 or a fishway prescribed under section #ah1 as appropriate4 4 #aa4 ,licensing process improvements and coordination ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cd4 ,licensing process improvements 7a7 ,license studies 7#a7 ,in general ,to facilitate the timely and efficient completion of the license proceedings under this part1 the ,commission shall-- 7,a7 conduct an investigation of best practices in performing licensing studies1 including methodologies and the design of studies to assess the full range of environmental impacts of a project2 and 7,b7 compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings under this paragraph4 7#b7 ,use of existing studies ,to the maximum extent practicable1 the ,commission shall use existing studies and data in individual licensing proceedings under this part in accordance with paragraph 7#a74 7#c7 ,nonduplication requirement ,to the maximum extent practicable1 the ,commission shall ensure that studies and data required for any ,federal authorization 7as defined in section #ce7;a77 applicable to a particular project or facility are not duplicated in other licensing proceedings under this part4 7b7 ,informal meetings with commission staff 7#a7 ,in general ,on the request of a licensee1 applicant1 or party to any license proceeding under this part1 the ,commission may designate staff to hold informal meetings to discuss technical or procedural matters relating to any ongoing license proceeding4 7#b7 ,public notice ,the ,commission-- 7,a7 shall not be required to provide public notice in advance of a meeting held under paragraph 7#a72 and 7,b7 after a meeting is held under paragraph 7#a71 shall provide1 on the record1 to the public-- 7i7 notice regarding the subject matter of the meeting2 and 7ii7 a summary of the meeting4 #ce4 ,licensing process coordination 7a7 ,definition of federal authorization ,in this section1 the term ,federal authorization means any authorization required under ,federal law 7including any license1 permit1 special use authorization1 certification1 opinion1 consultation1 determination1 or other approval7 with respect to-- 7#a7 a project licensed under section #d or #ae2 or 7#b7 a facility exempted under-- 7,a7 section #cj2 or 7,b7 section #dje7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7;d774 7b7 ,designation as lead agency 7#a7 ,in general ,the ,commission shall act as the lead agency for the purposes of coordinating all applicable ,federal authorizations4 7#b7 ,other agencies ,each ,federal and ,state agency considering an aspect of an application for ,federal authorization shall cooperate with the ,commission4 7c7 ,schedule 7#a7 ,timing for issuance ,it is the sense of ,congress that all ,federal authorizations required for a project or facility1 including a license or exemption order of the ,commission1 should be issued by the date that is #c years after the date on which an application is considered to be complete by the ,commission4 7#b7 ,commission schedule 7,a7 ,in general ,the ,commission shall establish a schedule for the issuance of all ,federal authorizations4 7,b7 ,requirements ,in establishing the schedule under subparagraph 7,a71 the ,commission shall-- 7i7 consult and cooperate with the ,federal and ,state agencies responsible for a ,federal authorization2 7ii7 ensure the expeditious completion of all proceedings relating to a ,federal authorization2 and 7iii7 comply with applicable schedules established by ,federal law with respect to a ,federal authorization4 7#c7 ,recommendations ,if a ,federal authorization is not issued by the applicable deadline established under paragraph 7#b7-- 7,a7 the license or exemption order of the ,commission shall be considered to satisfy the required ,federal authorization2 and 7,b7 any subsequent submission by the agency responsible for the ,federal authorization shall be treated as a recommendation for potential inclusion in the license under section #aj7;a74 7d7 ,consolidated record 7#a7 ,in general ,the ,commission shall maintain official consolidated records of all license proceedings under this part4 7#b7 ,submission of recommendations ,any ,federal or ,state agency that is providing recommendations with respect to a license proceeding under this part shall submit to the ,commission for inclusion in the consolidated record relating to the license proceeding maintained under paragraph 7#a7-- 7,a7 the recommendations2 7,b7 the rationale for the recommendations2 and 7,c7 any supporting materials relating to the recommendations4 7#c7 ,written statement ,in a case in which a ,federal agency is making a determination with respect to a covered measure 7as defined in section #cf7;a771 the head of the ,federal agency shall include in the consolidated record a written statement demonstrating that the ,federal agency gave equal consideration to the effects of the covered measure on-- 7,a7 energy supply1 distribution1 cost1 and use2 7,b7 flood control2 7,c7 navigation2 7,d7 water supply2 and 7,e7 air quality and the preservation of other aspects of environmental quality4 #cf4 ,trial-type hearings 7a7 ,definitions ,in this section3 7#a7 ,alternative condition ,the term alternative condition means an alternative condition proposed under section #cc7;a77#a74 7#b7 ,alternative prescription ,the term alternative prescription means an alternative prescription proposed under section #cc7;b77#a74 7#c7 ,covered measure ,the term covered measure means-- 7,a7 an original condition2 7,b7 an original prescription2 7,c7 an alternative condition2 and 7,d7 an alternative prescription4 7#d7 ,original condition ,the term original condition means a condition to a license proposed under the first proviso of section #d7;e74 7#e7 ,original prescription ,the term original prescription means a prescription for a fishway proposed under section #ah4 7b7 ,authorization of trial-,type hearing ,the license applicant 7including an applicant for a license under section #ae7 and any party to the proceeding shall be entitled to a determination on the record1 after opportunity for a trial-type hearing of not more than #abj days1 on any disputed issues of material fact with respect to an applicable covered measure4 7c7 ,effect of revision or supplementation ,the fact that an existing license is revised or supplemented under the reserved authority of a resource agency shall not affect the eligibility of the license applicant for a trial-type hearing under this section4 7d7 ,deadline for request ,a request for a trial-type hearing under this section shall be submitted not later than #fj days after the date on which the ,secretary-- 7#a7 submits an original condition or original prescription2 or 7#b7 exercises reserved authority under the license to prescribe1 submit1 or revise any condition to a license under the first proviso of section #d7;e7 or fishway prescribed under section #ah1 as appropriate4 7e7 ,no requirement ,to exhaust ,by electing not to request a trial-type hearing under subsection 7d71 a license applicant and any other party to a license proceeding shall not be considered to have waived the right of the applicant or other party to raise any issue of fact or law on rehearing or judicial review of the license decision of the ,commission4 7f7 ,administrative ,law ,judge ,all disputed issues of material fact raised by a party in a request for a trial-type hearing submitted under subsection 7d7 shall be determined in a single trial-type hearing to be conducted by an ,administrative ,law ,judge within the ,office of ,administrative ,law ,judges and ,dispute ,resolution of the ,commission1 in accordance with the ,commission rules of practice and procedure under part #che of title #ah1 ,code of ,federal ,regulations 7or successor regulations71 and within the timeframe established by the ,commission for each license proceeding 7including a proceeding for a license under section #ae74 7g7 ,stay ,the ,administrative ,law ,judge may impose a stay of a trial-type hearing under this section for a period of not more than #abj days to facilitate settlement negotiations relating to resolving the disputed issues of material fact with respect to the covered measure4 7h7 ,burden of proof ,in any trial-type hearing under this section1 the party advocating for the adoption of the covered measure shall have the burden of proof to support the facts at issue in the covered measure1 by a preponderance of evidence4 7i7 ,issuance of decision relating to covered measures ,on conclusion of a trial-type hearing under this section1 the ,administrative ,law ,judge shall issue findings of fact1 which shall be binding on all participants in the trial-type hearing4 7j7 ,secretarial determination ,the ,secretary that issued the original condition or original prescription shall not later than #fj days after the date on which the ,administrative ,law ,judge issues the decision and1 in accordance with the schedule established by the ,commission1 propose a modified condition or modified prescription applicable to the license1 based on the decision issued by the ,administrative ,law ,judge4 7k7 ,alternative ,a party to the trial-type hearing may propose to the ,commission an alternative to a modified condition or modified prescription proposed by the ,secretary under subsection 7j71 in accordance with the schedule established by the ,commission4 7l7 ,determination by commission ,after considering the modified condition or modified prescription proposed under subsection 7j7 and any alternative to the modified condition or modified prescription proposed under subsection 7k71 the ,commission shall include in the license the modified condition or modified prescription1 unless the ,commission determines that the alternative to the modified condition or modified prescription-- 7#a7 7,a7 in the case of an alternative to the modified condition1 provides for the adequate protection and utilization of the reservation2 or 7,b7 in the case of an alternative to the modified prescription1 would be no less protective than the modified prescription2 and 7#b7 as compared to the modified condition or modified prescription1 would-- 7,a7 cost significantly less to implement2 or 7,b7 result in improved operation of the project works for electricity production4 7m7 ,appeal to commission ,a decision of an ,administrative ,law ,judge issued under this section may be appealed to the ,commission only as part of a request for rehearing filed within #cj days of a ,commission order acting on the application at issue4 7n7 ,resolution of inconsistencies ,the ,commission shall have the final authority to resolve any inconsistencies between requirements imposed pursuant to ,federal authorizations 7as defined in section #ce7;a774 #cg4 ,pumped storage projects ,in carrying out section #f7;a7 of the ,hydropower ,regulatory ,efficiency ,act of #bjac 7#af ,u4,s4,c4 #gig note2 ,public ,law #aac-bc71 the ,commission shall consider a closed loop pumped storage project to include a project-- 7#a7 in which the upper and lower reservoirs do not impound or directly withdraw water from a navigable stream2 and 7#b7 that is not continuously connected to a naturally flowing water feature4 #ch4 ,annual reports 7a7 ,commission annual report 7#a7 ,in general ,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 an annual report that-- 7,a7 describes and quantifies1 for each licensed1 exempted1 or proposed project under this part or section #dje7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7;d77 7referred to in this subsection as the covered project71 the quantity of energy and capacity authorized for new development and reauthorized for continued operation during the reporting year1 including an assessment of the economic1 climactic1 air quality1 and other environmental benefits achieved by the new and reauthorized energy and capacity2 7,b7 describes and quantifies the loss of energy1 capacity1 or ancillary services as a result of any licensing action under this part or other requirement under ,federal law during the reporting year2 7,c7 identifies any application to license1 relicense1 or expand a covered project pending as of the date of the annual report1 including a quantification of the new energy and capacity with the potential to be gained or lost by action relating to the covered project2 and 7,d7 lists all proposed covered projects that1 as of the date of the annual report1 are subject to a preliminary permit issued under section #d7;f71 including a description of the quantity of new energy and capacity that would be achieved through the development of each proposed covered project4 7#b7 ,availability ,the ,commission shall establish and maintain a publicly available website or comparable resource that tracks all information required for the annual report under paragraph 7#a74 7b7 ,resource agency annual report 7#a7 ,in general ,any ,federal or ,state resource agency that is participating in any ,commission proceeding under this part or that has responsibilities for any ,federal authorization 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 each term1 condition1 or other requirement prepared by the resource agency during the reporting year with respect to a ,commission proceeding under this part1 including-- 7i7 an assessment of whether implementation of the term1 condition1 or other requirement would result in the loss of energy1 capacity1 or ancillary services at the project1 including a quantification of the losses2 7ii7 an analysis of economic1 air quality1 climactic and other environmental effects associated with implementation of the term1 condition1 or other requirement2 7iii7 a demonstration1 based on evidence in the record of the ,commission1 that the resource agency prepared the term1 condition1 or other requirement in a manner that meets the policy established by this part while discharging the responsibilities of the resource agency under this part or any other applicable requirement under ,federal law2 and 7iv7 a statement of whether the head of the applicable ,federal agency has rendered final approval of the term1 condition1 or other requirement1 or whether the term1 condition1 or other requirement remains a preliminary recommendation of staff of the resource agency2 and 7,b7 identifies all pending1 scheduled1 and anticipated proceedings under this part that1 as of the date of the annual report1 the resource agency expects to participate in1 or has any approval or participatory responsibilities for under ,federal law1 including-- 7i7 an accounting of whether the resource agency met all deadlines or other milestones established by the resource agency or the ,commission during the reporting year2 and 7ii7 the specific plans of the resource agency for allocating sufficient resources for each project during the upcoming year4 7#b7 ,availability ,any resource agency preparing an annual report to ,congress under paragraph 7#a7 shall establish and maintain a publicly available website or comparable resource that tracks all information required for the annual report4 4