Text of H.R. 316: Collinsville Renewable Energy Production Act (Reported by House Committee version)

Union Calendar No. 5

113th CONGRESS

1st Session

H. R. 316

[Report No. 113–7]

IN THE HOUSE OF REPRESENTATIVES

January 18, 2013

Ms. Esty introduced the following bill; which was referred to the Committee on Energy and Commerce

February 4, 2013

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

To reinstate and transfer certain hydroelectric licenses and extend the deadline for commencement of construction of certain hydroelectric projects.

This Act may be cited as the Collinsville Renewable Energy Promotion Act .

Subject to section 4 of this Act and notwithstanding the time period under section 13 of the Federal Power Act ( 16 U.S.C. 806 ) that would otherwise apply to Federal Energy Regulatory Commission projects numbered 10822 and 10823, the Federal Energy Regulatory Commission (referred to in this Act as the Commission) may—

(1)

reinstate the license for either or each of those projects; and

(2)

extend for 2 years after the date on which either or each project is reinstated under paragraph (1) the time period during which the licensee is required to commence the construction of such projects.

Prior to reaching any final decision under this section, the Commission shall provide an opportunity for submission of comments by interested persons, municipalities, and States and shall consider any such comment that is timely submitted.

Notwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 ) or any other provision thereof, if the Commission reinstates the license for, and extends the time period during which the licensee is required to commence the construction of, a Federal Energy Regulatory Commission project under section 2, the Commission shall transfer such license to the town of Canton, Connecticut.

(a)

For purposes of this section, the term environmental assessment shall have the same meaning as is given such term in regulations prescribed by the Council on Environmental Quality that implement the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).

(b)

Not later than 180 days after the date of enactment of this Act, the Commission shall complete an environmental assessment for Federal Energy Regulatory Commission projects numbered 10822 and 10823, updating, to the extent necessary, the environmental analysis performed during the process of licensing such projects.

(c)

Upon issuance of the environmental assessment required under subsection (b), the Commission shall—

(1)

initiate a 30-day public comment period; and

(2)

before taking any action under section 2 or 3—

(A)

consider any comments received during such 30-day period; and

(B)

incorporate in the license for the projects involved, such terms and conditions as the Commission determines to be necessary, based on the environmental assessment performed and comments received under this section.

Not later than 270 days after the date of enactment of this Act, the Commission shall—

(1)

make a final decision pursuant to paragraph (1) of section 2; and

(2)

if the Commission decides to reinstate one or both of the licenses under such paragraph and extend the corresponding deadline for commencement of construction under paragraph (2) of such section, complete the action required under section 3.

Nothing in this Act shall affect any valid license issued by the Commission under section 4 of the Federal Power Act ( 16 U.S.C. 797 ) on or before the date of enactment of this Act or diminish or extinguish any existing rights under any such license.

February 4, 2013

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed