Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include in the Record extraneous material on H.R. 3043. Mr. Chairman, I yield myself such time as I may consume. Mr.…
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include in the Record extraneous material on H.R. 3043.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today in strong support of H.R. 3043, the Hydropower
Policy Modernization Act of 2017. This legislation, introduced by my friend and colleague from the Energy and Commerce Committee, Cathy McMorris Rodgers, is an important step toward modernizing our energy infrastructure, creating jobs, and, yes, strengthening our economy. I want to thank her for her commitment to this issue.
The committee went through regular order with the bill. We held two hearings on background issues, one legislative hearing, and both subcommittee and full committee markups, where the bill was agreed to by a voice vote. Following the markups, bipartisan committee staff held more meetings to hear from over a dozen Tribal governments to gather additional views.
I think that the resulting bill strikes a careful balance. Changes were made to increase State and Tribal consultation requirements, and a very strong savings clause was added to protect States' authorities under the Clean Water Act.
Hydropower is an essential component of an all-of-the-above energy strategy for this country. Hydropower is clean; it is renewable and affordable base load power. It is good for consumers' electricity bills, and it is also good for jobs, which is why labor is strongly supportive of this legislation.
There is a tremendous opportunity to expand hydropower production on existing nonpowered dams. Less than 3 percent of the dams in the U.S., approximately 2,200 dams, produce electricity. There are also opportunities to improve the process for the projects that are due for relicensing. By 2030, over 400 existing projects, with almost 19,000 megawatts of capacity, will begin the relicensing process, and these projects, in fact, may be at risk.
Fixing the licensing process would also improve safety. Upgrading the performance of existing dams and utilizing existing nonpowered dams, canals, and conduits would enable investments, which would address aging dams and, yes, improve overall safety.
The duration, complexity, and uncertainty of the hydropower licensing process creates significant challenges that prevent investments that would create jobs and benefit consumers. The licensing process for a new hydropower development project can last over a decade and costs tens of millions of dollars--significantly longer than the time that it takes to construct a natural gas-fired power plant of the same size.
This legislation, H.R. 3043, would level the playing field by modernizing the permitting process without compromising environmental protections. The bill improves administrative efficiency, accountability, and transparency. It requires balanced, timely decisionmaking and reduces duplicative oversight from the multiple Federal agencies that review hydropower applications.
This bill brings certainty and timeliness to the licensing process by enhancing consultation with Federal, State, and local agencies and Indian Tribes, and it requires FERC to establish a process for setting the schedule for review. H.R. 3043 streamlines and improves procedures to identify scheduling issues, propose licensing conditions, and resolve disputes.
This bill also contains provisions to expedite the approval process for an amendment to a license for a qualifying hydro project upgrade. Without the hydropower licensing improvements in this bill--without them--we risk losing investment opportunities in new hydropower infrastructure which would benefit consumers with affordable electricity and expand the use of clean, renewable energy.
Again, I thank my colleagues for their work, and the great staff, on this important piece of legislation.
Mr. Chairman, I reserve the balance of my time.
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, October 31, 2017.
Hon. Greg Walden,
Chairman, Committee on Energy & Commerce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 3043, the
``Hydropower Policy Modernization Act of 2017.'' This bill
contains provisions within the jurisdiction of the Committee
on Oversight and Government Reform. As a result of your
having consulted with me concerning the provisions of the
bill that fall within our Rule X jurisdiction, I agree to
forgo consideration of the bill so the bill may proceed
expeditiously to the House floor.
The Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 3043 at
this time we do not waive any jurisdiction over the subject
matter contained in this or similar legislation, and we will
be appropriately consulted and involved as the bill or
similar legislation moves forward so that we may address any
remaining issues that fall within our Rule X jurisdiction.
Further, I request your support for the appointment of
conferees from the Committee on Oversight and Government
Reform during any House-Senate conference convened on this or
related legislation.
Finally, I would appreciate your response to this letter
confirming this understanding and ask that a copy of our
exchange of letters on this matter be included in the
Congressional Record during floor consideration thereof.
Sincerely,
Trey Gowdy.
Mr. Chairman, I yield such time as she may consume to the gentlewoman from Washington State (Mrs. McMorris Rodgers), the author of this legislation.
Mr. Chair, I yield 1\1/2\ minutes to the gentleman from Virginia (Mr. Griffith), a member of the Energy and Commerce Committee.
Mr. Chair, can I inquire as to how much time is remaining on both sides?
Mr. Chairman, I yield 3 minutes to the gentleman from Oregon (Mr. Walden), who is the chair of the Energy and Commerce Committee.
Mr. Chairman, I yield 2 minutes to the gentleman from Colorado (Mr. Lamborn), who is a member of the Natural Resources and Armed Services Committees, to speak in support of the bill.
Mr. Chairman, I yield 2 minutes to the gentleman from Arizona (Mr. Gosar).
Mr. Chair, I yield 2 minutes to the gentleman from California (Mr. Denham).
Mr. Chair, I yield the gentleman from California an additional 30 seconds.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. LaMalfa).
Mr. Chairman, I yield 2 minutes to the gentleman from Montana (Mr. Gianforte).
Mr. Chair, I yield myself such time as I may consume. I don't intend to use all the time that is remaining. I just want to make a couple of points to my colleagues as we close debate on the general debate on this bill.
This isn't a new bill. A lot of us in this body on both sides support an all-of-the-above strategy. It includes safe nuclear. It includes clean coal. It supports energy efficiencies, renewables, wind, solar, and hydro.
This bill, H.R. 3043, is not a new bill. In fact, the provisions, almost to a tee, in both the House and the Senate version last year in a bill that ultimately didn't get conferenced to President Obama, we didn't really have any disagreements on the hydro section. We came to an agreement and the House passed the bill as it relates to the hydro bill. And the Senate bill passed, as I recall it, 92-8, pretty overwhelming, pretty bipartisan. In essence, the same provisions that we have here.
I got to say that, throughout the process, we listened to the concern raised by some of the stakeholders, including States and Tribes. We made a number of significant changes to the version of the bill as compared to the version again last year that added more strength, more hurdles to go through.
The biggest change, frankly, that we made was taking the hammer away from FERC to compel agencies to stick to a deadline. Consequently, no permits are going to be granted by default because of a missed deadline. But we also inserted new State and Tribal consultation requirements with a very strong savings clause that clarifies that nothing shall affect the Clean Water Act and other environmental laws. That wasn't in the bill last year. That is new this year.
So I think that we have accommodated the concerns, particularly when many of the Members that are here in this Congress that were there last Congress actually voted for the provisions we had, certainly in committee as well as on the Senate floor.
Again, I just want to read into the Record page 17, line 23: ``No Effect on Other Laws. Nothing in this section shall be construed to affect any requirement of the Federal Water Pollution Control Act, the Fish and Wildlife Coordination Act, the Endangered Species Act of 1973, section 14 of the Act of March 3, 1899 (commonly known as the Rivers and Harbors Appropriations Act of 1899), and those provisions of subtitle III of title 54, United States Code, commonly known as the National Historic Preservation Act, with respect to an application for a license under this part.''
This bill is stronger than the one that most of us supported last year, particularly as it pertains to hydroelectric licensing by FERC.
So I commend the action of Mrs. McMorris Rodgers, who, again, carried the water on this in this Congress. I would like to think that we will have a positive vote with Republicans and Democrats supporting the bill. We are prepared to now discuss and debate the amendments.
Mr. Chair, I yield back the balance of my time.
Will the gentleman yield?
Mr. Chair, I just want to say that this is a very good amendment. It is bipartisan. It is critical that--I know our Great Lakes Caucus, on a bipartisan basis, in both bodies, the House and Senate, have taken strong actions against the Asian carp.
This is a good amendment. We are certainly prepared to accept it, and I commend you for taking the time on the floor.
Mr. Chairman, I thank the gentleman for yielding. And, yes, I do have, now, extended family in Texas.
Mr. Chairman, this is another tool in the toolbox for FERC. We want to make sure that areas are protected that have survived, somehow, these terrible hurricanes.
Mr. Chairman, I urge all of my colleagues on a bipartisan basis to support this good amendment.
Mr. Chairman, I thank my friend from West Virginia for yielding.
Mr. Chairman, this is an amendment that allows for a study of the potential to expand non-Federal hydropower projects in Federal dams. It is a good amendment. I support it, and I urge my colleagues to support it on a bipartisan basis.
Mr. Chair, I claim the time in opposition to the amendment.
Mr. Chairman, I rise in opposition to the amendment. I do so with some hesitancy against my good friend, but I would say that this amendment would strike and replace the base tax with language that would add additional layers of red tape and bureaucracy already to the permitting process.
The bill itself, H.R. 3043, contains essential permitting and licensing reforms to ensure that renewable hydropower remains an important part of our all-of-the-above approach to energy, something that many of us on both sides of the aisle support.
We know that the permitting process has been broken. We have heard from FERC over the years and project developers who have been stuck for more than a decade because of bureaucratic delays.
We also know that we need to improve coordination. There are lots of moving parts with multiple permits required and sometimes dozens of agencies that are involved, but this bill, H.R. 3043, brings transparency and predictability to the process by empowering the State and Federal agencies to actually sit at the table with FERC to identify issues of concern and resolve them before they result in unnecessary delay.
The bill, H.R. 3043, as we have said a number of times over the last hour, ensures that States and Tribes are an integral part of that process. The word ``consult'' appears no less than a dozen times in the 30 pages.
Without these important changes to the law, States and Tribes may continue to be left out of the important decisions relating to hydropower licensing.
Again, I remind my colleagues that this is a new provision that we added. This wasn't in the bill last year as we debated this title and approved it in committee and saw it move again on the Senate floor with a vote that, as I recall, was 92-8.
The bill, H.R. 3043, strikes a careful balance, which is why it has broad support from the American Council on Renewable Energy, the American Public Power Association, the Business Council for Sustainable Energy, Edison Electric Institute, International Brotherhood of Boilermakers, International
Brotherhood of Electrical Workers, International Federation of Professional and Technical Engineers, Large Public Power Council, Laborers' International Union of North America, National Electrical Contractors Association, the National Hydropower Association, the National Rural Electric Cooperative Association, the North American Building Trades Council, and the United Brotherhood of Carpenters and Joiners of America.
Mr. Chairman, this amendment, we view over here on this side as a poison pill. It would kill jobs and discourage the development of clean, affordable, and reliable hydropower.
Mr. Chair, I would urge my colleagues to vote ``no'' on this amendment and vote ``yes'' on the bill.
Mr. Chair, I yield back the balance of my time.
Mr. Chair, I move that the Committee do now rise.