H.R. 1530House109th Congress (2005-2007)In Committee

To encourage the development of hydroelectric projects, and for other purposes.

Introduced April 6, 2005

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Energy and Air Quality.

April 22, 2005

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HouseIntro Referral

Introduced in House

April 6, 2005

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

April 6, 2005

HouseCommittee

Referred to the Subcommittee on Energy and Air Quality.

April 22, 2005

Floor Debate

24 members

What members said about H.R. 1530 on the floor

11 Republicans13 Democrats
David L. Hobson
Rep. David L. HobsonR-OH-7 · Oct 27, 2005

Mr. Chairman, I rise reluctantly in support of this motion. I have always supported the BRAC. I have been here through three of these, and I always thought they were well reasoned before, win, lose…

Jim Cooper
Rep. Jim CooperD-TN-5 · Oct 27, 2005

Mr. Chairman, I come here today to praise the men and women of the 118th Air Wing who fly out of Nashville, Tennessee. They have been mistreated by this BRAC process. I do not blame the BRAC…

Terry Everett
Rep. Terry EverettR-AL-2 · Oct 27, 2005

Mr. Chairman, I rise today in opposition to H.J. Res. 65, a resolution disapproving the recommendations of the Defense Base Realignment and Closure Commission. It is clear that we have too much…

Thomas H. Allen
Rep. Thomas H. AllenD-ME-1 · Oct 27, 2005

Mr. Chairman, I rise in support of H.J. Res. 65, to disapprove the recommendations of the Base Realignment and Closure Commission--BRAC. Closing surplus military infrastructure makes sense, but only…

Gene Green
Rep. Gene GreenD-TX-29 · Oct 27, 2005

Mr. Chairman, I am proud to follow my neighbor from Texas (Mr. DeLay). Ellington is in his district, but I am the next closest Member. I rise to express my disapproval for the recommendations of the…

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Michael G. Oxley
Rep. Michael G. OxleyR-OH-4 · Oct 27, 2005

Mr. Chairman, I stand in support of House Joint Resolution 65, disapproving the recommendations of the Base Realignment and Closure Commission. This will be my first vote against a BRAC list, and it…

Sherwood Boehlert
Rep. Sherwood BoehlertR-NY-24 · Oct 27, 2005

Mr. Chairman, I thank the gentleman for yielding me time. Mr. Chairman, many of us who have been privileged to serve in this great institution for some time have been through this process many times.…

Gene Taylor
Rep. Gene TaylorD-MS-4 · Oct 27, 2005

Mr. Chairman, I have come to the same conclusion as the great gentleman from Ohio (Mr. Hobson). I have just probably been at it longer. Article I, section 8 of the Constitution gives Congress the…

Rob Simmons
Rep. Rob SimmonsR-CT-2 · Oct 27, 2005

Mr. Chairman, I stand in opposition today to H.J. Res. 65, a resolution to disapprove the recommendations of the Defense Base Closure and Realignment Commission. I oppose this resolution not because…

Ray LaHood
Rep. Ray LaHoodR-IL-18 · Oct 27, 2005

Mr. Chairman, I yield 4 minutes to the gentleman from New Jersey (Mr. Holt). (Mr. HOLT asked and was given permission to revise and extend his remarks.) Mr. Chairman, I yield 4 minutes to the…

Mark E. Souder
Rep. Mark E. SouderR-IN-3 · Oct 27, 2005

Mr. Chairman, I thank the distinguished gentleman from Colorado for the time. First, let me thank the BRAC Commission head Anthony Principi and all of the panel members for their hard work for…

Steven C. LaTourette
Rep. Steven C. LaTouretteR-OH-14 · Oct 27, 2005

Mr. Chairman, I thank the gentleman for yielding me this time. In one of the few times since 1995 when we arrived in the House together, I am going to disagree with the gentleman from Illinois and…

Martin T. Meehan
Rep. Martin T. MeehanD-MA-5 · Oct 27, 2005

Mr. Chairman, as a member of the House Armed Services Committee, I reluctantly support the BRAC recommendations today, and oppose this motion of disapproval pending before the House. I support these…

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Neil Abercrombie
Rep. Neil AbercrombieD-HI-1 · Oct 27, 2005

Mr. Chairman, I thank the gentleman for yielding me time. Look, we are down here on the floor, it is empty. Maybe some folks are listening in their offices. I hope they are. I hope at least some of…

Rush Holt
Rep. Rush HoltD-NJ-12 · Oct 27, 2005

Mr. Chairman, I thank the gentleman from Illinois both for introducing this resolution and for yielding me some time to speak in support of the resolution. The stakes could not be higher. Of course,…

Stephanie Tubbs Jones
Rep. Stephanie Tubbs JonesD-OH-11 · Oct 27, 2005

Mr. Chairman, I thank the gentleman from Missouri (Mr. Skelton) for the opportunity to be heard. After a series of hearings and debates today, the House will vote on H.J. Res. 65, disapproving…

Joel Hefley
Rep. Joel HefleyR-CO-5 · Oct 27, 2005

Mr. Chairman, I yield 7 minutes to the gentleman from New York (Mr. Boehlert), the distinguished chairman of the Committee on Science. (Mr. BOEHLERT asked and was given permission to revise and…

Solomon P. Ortiz
Rep. Solomon P. OrtizD-TX-27 · Oct 27, 2005

Mr. Chairman, I rise in support of the bill before us to reject the BRAC recommendations; and I thank the gentleman from Illinois for his work on this bill. While this process has proceeded during a…

Dennis J. Kucinich
Rep. Dennis J. KucinichD-OH-10 · Oct 27, 2005

Mr. Chairman, I rise in opposition to this resolution because I believe the BRAC Commission has performed its job admirably. It wisely chose to remove from the closure list the Defense Finance and…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Oct 27, 2005

Mr. Chairman, I appreciate the gentleman's courtesy in permitting me to speak against this resolution. I understand the frustrations that have been expressed by some of our colleagues here on the…

Michael G. Fitzpatrick
Rep. Michael G. FitzpatrickR-PA-8 · Oct 27, 2005

Mr. Chairman, I rise today in strong support of the resolution and join the growing chorus of the Members of Congress who are coming down to the floor today disappointed in the recommendations of the…

Tom DeLay
Rep. Tom DeLayR-TX-22 · Oct 27, 2005

Mr. Chairman, there is no shortage of valid complaints to be made of this round of the Defense Base Realignment and Closure Commission's work. I generally support the BRAC process. But what is…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Oct 27, 2005

Mr. Chairman, let me say initially I do not believe in the BRAC. I have opposed every BRAC initially from the very beginning, and I have been here in Congress 18 years. The reason I do not believe in…

Lois Capps
Rep. Lois CappsD-CA-23 · Oct 27, 2005

Mr. Chairman, I rise in reluctant support of the resolution to reject the recommendations of the Base Closure and Realignment Commission. I support the BRAC process and believe that over the years it…

Bill Text

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Introduced in HouseIssued April 6, 2005

I

109th CONGRESS

1st Session

H. R. 1530

IN THE HOUSE OF REPRESENTATIVES

April 6, 2005

Mr. Shadegg introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To encourage the development of hydroelectric projects, and for other purposes.

1.

Findings

The Congress finds that:

(1)

The United States must increase its supply of energy to ensure a continuing prosperous economy and high standard of life.

(2)

We currently rely heavily on imports of energy supplies from foreign nations and utilize large quantities of carbon fuels for electricity generation.

(3)

Hydropower is a domestic energy source which currently produces 92,000 megawatts of electricity per year, a figure representing 10 percent of the generation capacity in the United States.

(4)

The Energy Information Agency estimates that, of the 75,000 dams in the United States, only 2,400 or three percent of these dams currently produce electricity.

(5)

The Energy Information Agency further estimates that there are approximately 21,300 megawatts of undeveloped capacity at existing dams.

(6)

New technology allows this energy to be utilized with little or no environmental effect by adding new turbines to existing dams and improving the efficiency of existing turbines.

(7)

Hydropower produces electricity without producing hazardous waste or air pollutants.

(8)

The 92,000 megawatts of electricity currently generated by hydropower avoid the annual emission of 4.75 million tons of sulfur dioxide and 2 million tons of nitrous oxide by eliminating the need to burn 345 million tons of coal.

(9)

Hydropower is a renewable energy source which, because of the natural hydrologic cycle, will continue to be available in perpetuity.

2.

Constitutional authority

The Constitutional authority on which this Act rests is the power of Congress to make all laws which shall be necessary and proper as enumerated in article I, section 8 of the United States Constitution.

3.

Hydroelectric production incentives

(a)

Incentive payments

For electric energy generated and sold by a qualified hydroelectric facility during the incentive period, the Secretary of Energy (referred to in this section as the Secretary) shall make, subject to the availability of appropriations, incentive payments to the owner or operator of such facility. The amount of such payment made to any such owner or operator shall be as determined under subsection (e) of this section. Payments under this section may only be made upon receipt by the Secretary of an incentive payment application which establishes that the applicant is eligible to receive such payment and which satisfies such other requirements as the Secretary deems necessary. Such application shall be in such form, and shall be submitted at such time, as the Secretary shall establish.

(b)

Definitions

For purposes of this section:

(1)

Qualified hydroelectric facility

The term qualified hydroelectric facility means a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit.

(2)

Existing dam or conduit

The term existing dam or conduit means any dam or conduit the construction of which was completed before the date of the enactment of this section and which does not require any construction or enlargement of impoundment or diversion structures (other than repair or reconstruction) in connection with the installation of a turbine or other generating device.

(3)

Conduit

The term conduit has the same meaning as when used in section 30(a)(2) of the Federal Power Act.

The terms defined in this subsection shall apply without regard to the hydroelectric kilowatt capacity of the facility concerned, without regard to whether the facility uses a dam owned by a governmental or nongovernmental entity, and without regard to whether the facility begins operation on or after the date of the enactment of this section.
(c)

Eligibility window

Payments may be made under this section only for electric energy generated from a qualified hydroelectric facility which begins operation during the period of 10 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this Act.

(d)

Incentive period

A qualified hydroelectric facility may receive payments under this section for a period of 10 fiscal years (referred to in this section as the incentive period). Such period shall begin with the fiscal year in which electric energy generated from the facility is first eligible for such payments.

(e)

Amount of payment

(1)

In general

Payments made by the Secretary under this section to the owner or operator of a qualified hydroelectric facility shall be based on the number of kilowatt hours of hydroelectric energy generated by the facility during the incentive period. For any such facility, the amount of such payment shall be 1.5 cents per kilowatt hour (adjusted as provided in paragraph (2)), subject to the availability of appropriations under subsection (g), except that no facility may receive more than $1,000,000 in one calendar year.

(2)

Adjustments

The amount of the payment made to any person under this section as provided in paragraph (1) shall be adjusted for inflation for each fiscal year beginning after calendar year 2005 in the same manner as provided in the provisions of section 29(d)(2)(B) of the Internal Revenue Code of 1986, except that in applying such provisions the calendar year 2005 shall be substituted for calendar year 1979.

(f)

Sunset

No payment may be made under this section to any qualified hydroelectric facility after the expiration of the period of 20 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this Act, and no payment may be made under this section to any such facility after a payment has been made with respect to such facility for a period of 10 fiscal years.

(g)

Authorization of appropriations

There are authorized to be appropriated to the Secretary to carry out the purposes of this section $50,000,000 for each of the fiscal years 2006 through 2015.

4.

Hydroelectric efficiency improvement

(a)

Incentive payments

The Secretary of Energy shall make incentive payments to the owners or operators of hydroelectric facilities at existing dams to be used to make capital improvements in the facilities that are directly related to improving the efficiency of such facilities by at least 3 percent.

(b)

Limitations

Incentive payments under this section shall not exceed 10 percent of the costs of the capital improvement concerned and not more than one payment may be made with respect to improvements at a single facility. No payment in excess of $1,000,000 may be made with respect to improvements at a single facility.

(c)

Authorization

There is authorized to be appropriated to carry out this section not more than $50,000,000 in each fiscal year after the fiscal year 2005.

5.

Small hydroelectric power projects

Section 408(a)(6) of the Public Utility Regulatory Policies Act of 1978 is amended by striking April 20, 1977 and inserting March 4, 2005.

6.

Increased hydroelectric generation at existing Federal facilities

(a)

In general

The Secretary of Energy, in consultation with the Secretary of the Interior and Secretary of the Army, shall conduct studies of the cost-effective opportunities to increase hydropower generation at existing federally-owned or operated water regulation, storage, and conveyance facilities. Such studies shall be completed within two years after the date of enactment of this Act and transmitted to the Committee on Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. An individual study shall be prepared for each of the Nation’s principal river basins. Each such study shall identify and describe with specificity the following matters:

(1)

Opportunities to improve the efficiency of hydropower generation at such facilities through, but not limited to, mechanical, structural, or operational changes.

(2)

Opportunities to improve the efficiency of the use of water supplied or regulated by Federal projects where such improvement could, in the absence of legal or administrative constraints, make additional water supplies available for hydropower generation or reduce project energy use.

(3)

Opportunities to create additional hydropower generating capacity at existing facilities through, but not limited to, the construction of additional generating facilities, the uprating of generators and turbines, and the construction of pumped storage facilities.

(4)

Preliminary assessment of the costs and the economic and environmental consequences of such measures.

(b)

Previous studies

If studies of the type required by subsection (a) have been prepared by any agency of the United States and published within the five years prior to the date of enactment of this Act, the Secretary of Energy may choose not to perform new studies and incorporate the information in such studies into the studies required by subsection (a).

(c)

Authorization

There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

7.

Renewable energy production incentives program

Section 1212 of the Energy Policy Act of 1992 is amended in subsection (b) by inserting after and which the following is a small hydroelectric power project (as defined in section 408(a)(1) of the Public Utility Regulatory Policies Act of 1978) or which.