[113th Congress Public Law 23]
[From the U.S. Government Publishing Office]
[[Page 127 STAT. 493]]
Public Law 113-23
113th Congress
An Act
To improve hydropower, and for other purposes. <<NOTE: Aug. 9,
2013 - [H.R. 267]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Hydropower
Regulatory Efficiency Act of 2013. 16 USC 791a note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hydropower
Regulatory Efficiency Act of 2013''.
(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. <<NOTE: 16 USC 791 note prec.>> 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''.
[[Page 127 STAT. 494]]
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) <<NOTE: Notice.>> 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) <<NOTE: Deadline.>> Not later than 15 days after receipt of a
notice of intent filed under subparagraph (A), the Commission shall--
``(i) <<NOTE: Determination.>> make an initial
determination as to whether the facility meets the qualifying
criteria; and
``(ii) <<NOTE: Publication. Public information. Notice.>>
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) <<NOTE: Deadline.>> If, not later than 45 days after the date
of publication of the public notice described in subparagraph (B)(ii)--
``(i) <<NOTE: Determination.>> 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) <<NOTE: Definitions.>> 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 2013, the
facility is not licensed under, or exempted from the
license requirements contained in, this part.
``(b) <<NOTE: Determination.>> 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--
[[Page 127 STAT. 495]]
``(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. <<NOTE: 16 USC 797 note.>> PROMOTING HYDROPOWER
DEVELOPMENT AT NONPOWERED DAMS AND CLOSED LOOP
PUMPED STORAGE PROJECTS.
(a) <<NOTE: Time period.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Criteria.>> 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.--
[[Page 127 STAT. 496]]
(1) <<NOTE: Determination.>> 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
[[Page 127 STAT. 497]]
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.
Approved August 9, 2013.
LEGISLATIVE HISTORY--H.R. 267:
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HOUSE REPORTS: No. 113-6 (Comm. on Energy and Commerce).
SENATE REPORTS: No. 113-38 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 159 (2013):
Feb. 12, 13, considered and passed House.
Aug. 1, considered and passed Senate.
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