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Code · STATUTE-COMPILATIONS · Energy Policy Act of 2005 · Sec. 247

Sec. 247. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES

470 words·~2 min read·/statute-compilations/comps-10914/sec-247

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## SEC. 247 MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES **[**[42 U.S.C. 15883](/us/usc/t42/s15883)**]** ###
(a)Definition of Qualified Hydroelectric Facility In this section, the term “**qualified hydroelectric facility**” means a hydroelectric project that— ####
(1)#####
(A)is licensed by the Federal Energy Regulatory Commission; or #####
(B)is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.); ####
(2)is placed into service before the date of enactment of this section; and ####
(3)#####
(A)is in compliance with all applicable Federal, Tribal, and State requirements; or #####
(B)would be brought into compliance with the requirements described in subparagraph
(A)as a result of the capital improvements carried out using an incentive payment under this section. ###
(b)Incentive Payments The Secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to— ####
(1)improving grid resiliency, including— #####
(A)adapting more quickly to changing grid conditions; #####
(B)providing ancillary services (including black start capabilities, voltage support, and spinning reserves); #####
(C)integrating other variable sources of electricity generation; and #####
(D)managing accumulated reservoir sediments; ####
(2)improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including— #####
(A)the maintenance or upgrade of spillways or other appurtenant structures; #####
(B)dam stability improvements, including erosion repair and enhanced seepage controls; and #####
(C)upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction; or ####
(3)environmental improvements, including— #####
(A)adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified hydroelectric facility; #####
(B)improving the quality of the water retained or released by a qualified hydroelectric facility; #####
(C)promoting downstream sediment transport processes and habitat maintenance; and #####
(D)improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity. ###
(c)Limitations ####
(1)Costs Incentive payments under this section shall not exceed 30 percent of the costs of the applicable capital improvement. ####
(2)Maximum amount Not more than 1 incentive payment may be made under this section with respect to capital improvements at a single qualified hydroelectric facility in any 1 fiscal year, the amount of which shall not exceed $5,000,000. ###
(d)Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $553,600,000 for fiscal year 2022, to remain available until expended. ## Subtitle D Insular Energy
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Sec. 247
MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES
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