,,ii #aaeth ,,congress #b;d ,session ,s4 #bfee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ab1 #bjah,mr4 ,portman 7for himself and ,mrs4 ,mc,caskill7 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 promote hydropower development at existing nonpowered dams1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,hydropower ,development and ,jobs ,act4 #b4 ,promoting hydropower development at existing nonpowered dams ,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 ,promoting hydropower development at existing nonpowered dams 7a7 ,definitions ,in this section3 7#a7 ,qualifying facility ,the term qualifying facility means a facility that the ,commission determines is a qualifying facility under subsection 7b77#a74 7#b7 ,qualifying nonpowered dam ,the term qualifying nonpowered dam means any dam1 dike1 embankment1 or other barrier-- 7,a7 the construction of which was completed on or before the date of enactment of this section2 7,b7 that is or was operated for the control1 release1 or distribution of water for agricultural1 municipal1 navigational1 industrial1 commercial1 environmental1 recreational1 aesthetic1 drinking water1 or flood control purposes2 and 7,c7 that1 as of the date of enactment of this section1 is not generating electricity with hydropower generating works that are licensed under1 or exempted from the license requirements of1 this part4 7b7 ,expedited licensing process for non-,federal hydropower projects at existing nonpowered dams 7#a7 ,authority to issue and amend licenses and preliminary permits 7,a7 ,in general ,the ,commission may issue and amend licenses and preliminary permits1 as appropriate1 for any facility that the ,commission determines meets the qualifying criteria under subparagraph 7,b74 7,b7 ,qualifying criteria ,to be considered a qualifying facility under subparagraph 7,a71 the ,commission shall determine that1 with respect to the facility-- 7i7 as of the date of enactment of this section1 the facility is not licensed under1 or exempted from the license requirements of1 this part2 7ii7 the facility will be associated with a qualifying nonpowered dam2 7iii7 the facility will be constructed1 operated1 and maintained for the generation of electric power2 7iv7 the facility will use for the generation described in clause 7iii7 withdrawals1 diversions1 releases1 or flows from the associated qualifying nonpowered dam1 including the impoundment or other infrastructure associated with the associated qualifying nonpowered dam2 and 7v7 the operation of the facility will not result in any material change to the storage1 release1 or flow operations of the associated qualifying nonpowered dam4 7#b7 ,rule ,not later than #ahj days after the date of enactment of this section1 the ,commission shall issue a rule establishing an expedited process for issuing and amending licenses and preliminary permits for qualifying facilities under this section4 7#c7 ,interagency ,task ,force 7,a7 ,in general ,in establishing the expedited process under paragraph 7#b71 the ,commission shall convene an interagency task force to coordinate the regulatory processes associated with the authorizations required to construct and operate a qualifying facility4 7,b7 ,representation ,the interagency task force convened under subparagraph 7,a7 shall include representatives from appropriate ,federal and ,state agencies and ,indian ,tribes4 7#d7 ,length of ,process ,the ,commission shall ensure that the expedited process under paragraph 7#b7 results in a final decision on an application for a license for a qualifying facility by not later than #b years after the date on which the ,commission receives the completed application for the license4 7c7 ,dam safety 7#a7 ,assessment ,before issuing any license for a qualifying facility under this section1 the ,commission shall assess the safety of existing non-,federal dams and other non-,federal structures associated with the qualifying facility1 including possible consequences associated with the failure of such a structure4 7#b7 ,requirements ,in issuing any license for a qualifying facility1 the ,commission shall ensure that the dam safety requirements of the ,commission apply to the qualifying facility and the associated qualifying nonpowered dam over the term of the license4 7d7 ,interagency communications ,interagency cooperation in the preparation of an environmental impact statement or similar analysis required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to an application for a license for a qualifying facility under this section1 and interagency communications relating to licensing process coordination under this section1 shall not-- 7#a7 be considered to be ex parte communications under ,commission rules2 or 7#b7 preclude an agency from participating in a licensing proceeding under this part4 7e7 ,identification of nonpowered dams for hydropower development 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,commission1 acting jointly with the ,secretary of the ,army1 the ,secretary of the ,interior1 and the ,secretary of ,agriculture 7referred to in this subsection as the ,secretaries71 shall develop a list of existing nonpowered ,federal dams that the ,commission and the ,secretaries agree have the greatest potential for non-,federal hydropower development4 7#b7 ,considerations ,in developing the list under paragraph 7#a71 the ,commission and the ,secretaries may consider-- 7,a7 the compatibility of hydropower generation with existing purposes of the dam2 7,b7 the proximity of the dam to existing transmission resources2 7,c7 the existence of studies to characterize environmental1 cultural1 and historic resources relating to the dam2 and 7,d7 the effects of hydropower development on release or flow operations of the dam4 7#c7 ,availability ,the ,commission shall-- 7,a7 provide the list developed under paragraph 7#a7 to-- 7i7 the ,committee on ,environment and ,public ,works and the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7ii7 the ,committee on ,energy and ,commerce1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 make the list available to the public4 4 #c4 ,obligation for payment of annual charges ,section #aj7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;e77 is amended by adding at the end the following3 7#e7 ,any obligation of a licensee for payment of annual charges under this subsection shall commence when the construction of the applicable facility commences4 4