S.Amdt. 4940
What it does: Rewrites page 290, line 16 through page 291, line 4
Sen. Gordon H. Smith (R-OR)What it changes
1 change to S. 3036
Rewrites page 290, line 16 through page 291, line 4
ReplacesPrinted pageRemoves page 290, line 16 through page 291, line 4 of the printed bill. See that page
Inserted: (a) Definitions.--In this section:
Inserted: (1) Marine and hydrokinetic renewable energy.--
Inserted: (A) In general.--The term "marine and hydrokinetic renewable energy" means energy derived from--
Inserted: (i) waves, tides, and currents in oceans, estuaries, and tidal areas;
Inserted: (ii) free-flowing water in rivers, lakes, and streams;
Inserted: (iii) free flowing water in an irrigation system, canal, or other man-made channel, including projects that use nonmechanical structures to accelerate the flow of water for electric power production purposes; or
Inserted: (iv) differentials in ocean temperature (ocean thermal energy conversion).
Inserted: (B) Exceptions.--The term "marine and hydrokinetic renewable energy" does not include any energy that is derived from any source that uses a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.
Inserted: (2) Nonhydroelectric dam.--
Inserted: (A) In general.--The term "nonhydroelectric dam" means any nonhydroelectric dam if--
Inserted: (i) the hydroelectric project installed on the nonhydroelectric dam is licensed by the Federal Energy Regulatory Commission and meets all other applicable environmental, licensing, and regulatory requirements;
Inserted: (ii) the nonhydroelectric dam was placed in service before the date of the enactment of this Act and operated for flood control, navigation, or water supply purposes and did not produce hydroelectric power on the date of the enactment of this Act; and
Show 13 more inserted paragraphsShow less
Inserted: (iii) the hydroelectric project is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license requirements imposed under applicable law that change the water surface elevation for the purpose of improving environmental quality of the affected waterway.
Inserted: (B) Certification.--The Federal Energy Regulatory Commission shall certify if a hydroelectric project licensed at a nonhydroelectric dam meets the criteria described in subparagraph (A)(iii).
Inserted: (C) Effect on standards.--Nothing in this paragraph affects the standards under which the Federal Energy Regulatory Commission issues licenses for and regulates hydropower projects under part I of the Federal Power Act (16 U.S.C. 792 et seq.).
Inserted: (3) Renewable-energy source.--The term "renewable-energy source" means energy from 1 or more of the following sources:
Inserted: (A) Solar energy.
Inserted: (B) Wind.
Inserted: (C) Geothermal energy.
Inserted: (D) Hydropower (including incremental hydropower and nonhydroelectric dams).
Inserted: (E) Biomass.
Inserted: (F) Marine and hydrokinetic renewable energy.
Inserted: (G) Landfill gas.
Inserted: (H) Livestock methane.
Inserted: (I) Fuel cells powered with a renewable-energy source.
Original wording
Beginning on page 290, strike line 16 and all that follows through page 291, line 4 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4940. Mr. SMITH (for himself, Mr. Wyden, Ms. Cantwell, and Mr. Warner) submitted an amendment intended to be proposed by him to the bill S. 3036, to direct the Administrator of the Environmental Protection Agency to establish a program to decrease emissions of greenhouse gases, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 290, strike line 16 and all that follows through page 291, line 4 and insert the following:
(a) Definitions.--In this section:
(1) Marine and hydrokinetic renewable energy.--
(A) In general.--The term “marine and hydrokinetic renewable energy” means energy derived from--
(i) waves, tides, and currents in oceans, estuaries, and tidal areas;
(ii) free-flowing water in rivers, lakes, and streams;
(iii) free flowing water in an irrigation system, canal, or other man-made channel, including projects that use nonmechanical structures to accelerate the flow of water for electric power production purposes; or
(iv) differentials in ocean temperature (ocean thermal energy conversion).
(B) Exceptions.--The term “marine and hydrokinetic renewable energy” does not include any energy that is derived from any source that uses a dam, diversionary structure (except as provided in subparagraph (A)(iii)), or impoundment for electric power production purposes.
(2) Nonhydroelectric dam.--
(A) In general.--The term “nonhydroelectric dam” means any nonhydroelectric dam if--
(i) the hydroelectric project installed on the nonhydroelectric dam is licensed by the Federal Energy Regulatory Commission and meets all other applicable environmental, licensing, and regulatory requirements;
(ii) the nonhydroelectric dam was placed in service before the date of the enactment of this Act and operated for flood control, navigation, or water supply purposes and did not produce hydroelectric power on the date of the enactment of this Act; and
(iii) the hydroelectric project is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license requirements imposed under applicable law that change the water surface elevation for the purpose of improving environmental quality of the affected waterway.
(B) Certification.--The Federal Energy Regulatory Commission shall certify if a hydroelectric project licensed at a nonhydroelectric dam meets the criteria described in subparagraph (A)(iii).
(C) Effect on standards.--Nothing in this paragraph affects the standards under which the Federal Energy Regulatory Commission issues licenses for and regulates hydropower projects under part I of the Federal Power Act (16 U.S.C. 792 et seq.).
(3) Renewable-energy source.--The term “renewable-energy source” means energy from 1 or more of the following sources:
(A) Solar energy.
(B) Wind.
(C) Geothermal energy.
(D) Hydropower (including incremental hydropower and nonhydroelectric dams).
(E) Biomass.
(F) Marine and hydrokinetic renewable energy.
(G) Landfill gas.
(H) Livestock methane.
(I) Fuel cells powered with a renewable-energy source.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
June 5, 2008