S 1029 — A bill to amend the Public Utility Regulatory Policies Act of 1978 to exempt certain small hydroelectric power projects that are applying for relicensing under the Federal Power Act from the licensing requirements of that Act.

Summary

This bill authorizes the Federal Energy Regulatory Commission to exempt certain small hydroelectric power projects from licensing and other requirements.

Bill Text

• Introduced Introduced in Senate Current html May 03, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to modify the conditions under which certain small hydroelectric power projects can be exempted from licensing requirements of the Federal Power Act.

• 16 U.S.C. 2705

  ``(d) Exemptions from licensing requirements in certain cases'' → ``(d) Exemptions From Licensing Requirements in Certain Cases.--``(1) In general.--Subject to paragraphs (2) and (3), the Commission may in its discretion (by rule or order), on a case-by-case basis or on the basis of classes or categories of projects, grant an exemption in whole or in part from the requirements (including the licensing requirements) of part I of the Federal Power Act to any small hydroelectric power projects--``(A) having a proposed installed capacity of 10,000 kilowatts or less; or``(B) for which a license was issued under part I of the Federal Power Act (16 U.S.C. 792 et seq.) and that files for an exemption under this subsection, if--``(i) the original or new license was issued after June 19, 1991;``(ii) the project is in an area that has not been determined to be critical to a species listed as threatened or endangered under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) as of the date of the filing for an exemption under this subsection;``(iii) the project has an installed capacity of 15 megawatts or less; and``(iv) an exemption issued by the Commission under this subsection does not take effect until the expiration of the existing license.``(2) Requirements.--The exemptions granted under subparagraphs (A) and (B) of paragraph (1) shall be subject to the same limitations (to ensure protection for fish and wildlife as well as other environmental concerns) as those which are set forth in subsections (c) and (d) of section 30 of the Federal Power Act with respect to determinations made and exemptions granted under subsection (b) of such section 30; and subsections (c) and (d) of such section 30 shall apply with respect to actions taken and exemptions granted under this subsection.``(3) Effects.--Except as specifically provided in this subsection, the granting of an exemption to a project under this subsection shall in no case have the effect of waiving or limiting the application (to such project) of the second sentence of subsection (b) of this section.''

  The bill replaces the existing subsection (d) concerning exemptions with a new framework that sets specific criteria for exemptions based on new factors, including installed capacity and environmental considerations.

Action History

1. May 03, 2017

   Introduced in Senate

2. May 03, 2017

   Read twice and referred to the Committee on Energy and Natural Resources.

3. June 14, 2017

   Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held. With printed Hearing: S.Hrg. 115-38.

Sponsors

• King, Angus S., Jr. · Primary
• Jeff Flake · Cosponsor

Subjects