Sec. 40333. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES
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## SEC. 40333 MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES ###
(a)In General Subtitle C of title II of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 674) is amended by adding at the end the following: > > ## “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.” > . ###
(b)Conforming Amendment The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by inserting after the item relating to section 246 the following:" “247. Maintaining and enhancing hydroelectricity incentives.” ".
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- Pub. L. 109-58
- 119 Stat. 674
- 119 Stat. 595
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Sec. 40333
MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES
Pub. L.Pub. L. 109-58
Stat.119 Stat. 674
Stat.119 Stat. 595
Cites 5Cited by 0 across 0 sources