Text of H.R. 316 (113th): Collinsville Renewable Energy Production Act (Reported by Senate Committee version)

Calendar No. 123

113th CONGRESS

1st Session

H. R. 316

[Report No. 113–69]

IN THE SENATE OF THE UNITED STATES

February 13, 2013

Received; read twice and referred to the Committee on Energy and Natural Resources

June 27, 2013

Reported by Mr. Wyden, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

AN ACT

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.

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

In this Act:

(1)

The term Commission means the Federal Energy Regulatory Commission.

(2)

The term license means—

(A)

the license for Commission project number 10822;

(B)

the license for Commission project number 10823; or

(C)

both.

(3)

The term Town means the town of Canton, Connecticut.

Notwithstanding the termination of the license, the Commission may, at the request of the Town, in accordance with section 4(a), and after reasonable notice—

(1)

reinstate the licence;

(2)

extend for 2 years after the date on which the license is reinstated the time period during which the licensee is required to commence the construction of the project subject to the license; and

(3)

subject to section 4, transfer the license to the Town.

(a)

The Town may request the reinstatement, extension, and transfer of the license by filing an application for approval of the transfer.

(b)

The application for approval of the transfer shall set forth in appropriate detail the qualifications of the Town to hold the license and to operate the property under license, which qualifications shall be the same as those required of applicants for the license.

(c)

The Commission may approve the transfer on a showing that the transfer is in the public interest.

(d)

The Town shall be subject to—

(1)

all the conditions of the license and all the provisions and conditions of the Federal Power Act (16 U.S.C. 791a et seq.), as though the Town were the original licensee; and

(2)

any additional terms and conditions the Commission determines to be necessary, including conditions for the protection, mitigation, and enhancement of fish and wildlife and related habitat under sections 10(j) and 18 of the Federal Power Act ( 16 U.S.C. 803(j) , 811).

The Commission shall supplement the environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) prepared in connection with the issuance of the original license to examine all new circumstances and information relevant to environmental concerns and bearing on the reinstatement of the license or the impact of the license.

June 27, 2013

Reported with an amendment