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Code · BILL · 115th Congress · H.R. 3043 (Reported in House) — To modernize hydropower policy, and for other purposes. · Sec. 2

Sec. 2. Hydropower regulatory improvements

641 words·~3 min read·/bill/115/hr/3043/rh/section-2

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It is the sense of Congress that— hydropower is a renewable resource for purposes of all Federal programs and is an essential source of energy in the United States; and the United States should increase substantially the capacity and generation of clean, renewable hydropower that would improve environmental quality in the United States. Section 203 of the Energy Policy Act of 2005 ( 42 U.S.C. 15852 ) is amended— in subsection (a), by striking the following amounts and all that follows through paragraph
(3)and inserting not less than 15 percent in fiscal year 2017 and each fiscal year thereafter shall be renewable energy. ; and in subsection (b), by striking paragraph
(2)and inserting the following: The term renewable energy means electric energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, or municipal solid waste, or from a hydropower project. . Section 5 of the Federal Power Act ( 16 U.S.C. 798 ) is amended— in subsection (a), by striking three and inserting 4 ; and by amending subsection
(b)to read as follows: The Commission may— extend the period of a preliminary permit once for not more than 4 additional years beyond the 4 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; and if the period of a preliminary permit is extended under paragraph (1), extend the period of such preliminary permit once for not more than 4 additional years beyond the extension period granted under paragraph (1), if the Commission determines that there are extraordinary circumstances that warrant such additional extension. . Section 13 of the Federal Power Act ( 16 U.S.C. 806 ) is amended in the second sentence by striking once but not longer than two additional years and inserting for not more than 8 additional years, . Section 15(e) of the Federal Power Act ( 16 U.S.C. 808(e) ) is amended— by striking
(e)Except and inserting the following: Except ; and by adding at the end the following: In determining the term of a license under paragraph (1), the Commission shall consider, among other things, project-related investments to be made by the licensee under a new license issued under this section, as well as project-related investments made by a licencee over the term of the existing license (including any terms under annual licenses). In considering such investments, the Commission shall give the same weight to— investments to be made by the licensee to implement a new license issued under this section, including— investments in redevelopment, new construction, new capacity, efficiency, modernization, rehabilitation, and safety improvements; and investments in environmental, recreation, and other protection, mitigation, or enhancement measures that will be required or authorized by the license; and investments made by the licensee over the term of the existing license (including any terms under annual licenses), beyond those required by the existing license when issued, that— resulted in, during the term of the existing license— redevelopment, new construction, new capacity, efficiency, modernization, rehabilitation, or safety improvements; or environmental, recreation, or other protection, mitigation, or enhancement measures; and did not result in the extension of the term of the existing license by the Commission. . Section 33 of the Federal Power Act ( 16 U.S.C. 823d ) is amended— in subsection (a)— in paragraph (1), by striking deems and inserting determines ; in paragraph (2)(B), in the matter preceding clause (i), by inserting determined to be necessary before by the Secretary ; by striking paragraph (4); and by striking paragraph (5); in subsection (b)— by striking paragraph (4); and by striking paragraph (5); and by adding at the end the following: This section applies to any further conditions or prescriptions proposed or imposed pursuant to section 4(e), 6, or 18. .
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