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S. 1142: J. Bennett Johnston Waterway Hydropower Extension Act of 2018

The text of the bill below is as of Jul 30, 2018 (Reported by Senate Committee).


II

Calendar No. 536

115th CONGRESS

2d Session

S. 1142

IN THE SENATE OF THE UNITED STATES

May 16, 2017

(for himself and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

July 30, 2018

Reported by , with an amendment

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

A BILL

To extend the deadline for commencement of construction of certain hydroelectric projects.

1.

Short title

This Act may be cited as the J. Bennett Johnston Waterway Hydropower Extension Act of 2017.

2.

Extension

(a)

In general

Notwithstanding the time period specified in section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply to Federal Energy Regulatory Commission project numbers 12756, 12757, and 12758, the Commission may, at the request of the licensee for the applicable project, and after reasonable notice, in accordance with the good faith, due diligence, and public interest requirements of that section and the Commission’s procedures under that section, extend the time period during which such licensee is required to commence the construction of its applicable project for up to 3 consecutive 2-year periods from the date of the expiration of the extension originally issued by the Commission under that section for such project.

(b)

Obligation for payment of annual charges

Any obligation of a licensee for a project described in subsection (a) for the payment of annual charges under section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) shall commence when the construction of the project commences.

(c)

Reinstatement of license; effective date for extension

(1)

Reinstatement

If the time period required for commencement of construction of a project described in subsection (a) has expired prior to the date of the enactment of this Act, the Commission may reinstate the license for such project, effective as of the date of the expiration of the license.

(2)

Effective date for extension

If the Commission reinstates a license under paragraph (1) for a project, the first extension authorized under subsection (a) with respect to such project shall take effect on the effective date of such reinstatement under paragraph (1).

1.

Short title

This Act may be cited as the J. Bennett Johnston Waterway Hydropower Extension Act of 2018.

2.

Extension

(a)

In general

Notwithstanding the time period specified in section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply to Federal Energy Regulatory Commission project numbers 12756, 12757, and 12758, the Commission may, at the request of the licensee for the applicable project, and after reasonable notice, in accordance with the good faith, due diligence, and public interest requirements of that section and the procedures of the Commission under that section, extend the time period during which the licensee is required to commence the construction of the applicable project for up to 3 consecutive 2-year periods from the date of the expiration of the extension originally issued by the Commission.

(b)

Reinstatement of license

If the time period required for commencement of construction of a project described in subsection (a) has expired prior to the date of enactment of this Act—

(1)

the Commission may reinstate the license for the applicable project effective as of the date of the expiration of the license; and

(2)

the first extension authorized under subsection (a) shall take effect on that expiration.

July 30, 2018

Reported with an amendment