Sec. 5. Promoting hydropower development at nonpowered dams and closed loop pumped storage projects
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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 certain hydropower development during the 2-year period beginning on the date of commencement of the prefiling licensing process of the Commission (referred to in this section as a 2-year process ).
The Commission shall— 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; 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; 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 not later than 3 years after the date of implementation of any pilot project to test a 2-year process, hold a final workshop to solicit public comment on the effectiveness of the pilot project.
The Commission shall, to the maximum extent practicable, enter into a memorandum of understanding with any applicable Federal or State agency to implement a pilot project described in subsection (b). If the Commission determines that the pilot projects described in subsection
(b)are not practicable, not later than 240 days after the date of enactment of this Act, 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— describes the public comments received as part of the initial workshop held under subsection (b)(1); and identifies the process, legal, environmental, economic, and other issues that justify the determination of the Commission that a 2-year process is not practicable, with recommendations on how Congress may address or remedy the identified issues. If the Commission develops and implements pilot projects involving a 2-year process described in subsection (b), not later than 60 days after the date of completion of any final workshop held under subsection (b)(4), 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— describes the outcomes of the pilot projects; describes the public comments from the final workshop on the effectiveness of the pilot projects; and outlines how the Commission will adopt policies under existing law (including regulations) that result in a 2-year process; outlines how the Commission will proceed with a rulemaking to adopt a 2-year process in the regulations of the Commission; or identifies the process, legal, environmental, economic, and other issues that justify the determination of the Commission that a 2-year process is not practicable, with recommendations on how Congress may address or remedy the identified issues.