Federal
Pending Federal Legislation
Pending Federal Rulemakings
Federal
The following legislation is currently pending before Congress and
includes provisions of interest to hydropower.
General Hydropower
Appropriations
Omnibus Appropriations Act, 2009 (H.R. 1105; Public Law 111-8) In the omnibus appropriations bill passed by Congress in March, 2009 included $40 million dollars for the Department of Energy's Water Power Energy R&D program. The funds are for basic and applied technology research and development for tidal and ocean/marine renewable technologies including demonstration programs, and for conventional hydropower research, development and deployment. The link is to the Energy and Water Appropriations section of the bill.
American Recovery and Reinvestment Act of 2009 (H.R. 1; Public Law 111-5) The economic stimulus package passed by Congress in February, 2009 included significant incentives for hydropower by including incremental hydropower, hydropower at currently non-powered dams, instream hydrokinetics and ocean and tidal hydropower technologies in tax provisions of the bill. These provisions include a three-year extension through 2013 of the production tax credit (PTC) and a new 30 percent investment tax credit (ITC) through 2013 in lieu of the PTC. There is also a Department of Treasury grant program in lieu for certain costs associated with qualifying hydropower property placed in service in 2009-2010 or before 2014 if construction began in 2009 or 2010. The bill also expanded the Clean Renewable Energy Bond program to support renewable energy development (including the above-mentioned types of hydropower) by $1.6 billion for a total allocation of $2.4 billion.
Finally, the bill also includes significant new federal
appropriations for hydropower-related activities under the
Department of Energy and the U.S. Army Corps of Engineers.
Dam Safety and Security
Dam Rehabilitation and Repair Act of 2009, H.R. 1770 and S. 732 Representative John Salazar and Senator Daniel Akaka have introduced legislation to establish a program to provide grant assistance to states for the rehabilitation and repair of deficient dams.
Federal Renewable Portfolio Standard
American Renewable Energy Act, H.R. 890 On February 4, 2009, Representative Ed Markey introduced legislation to establish a Federal renewable electricity standard for certain electric utilities. Under the bill, certain qualified hydropower would count toward a federal Renewable Electricity Standard that requires retail electric suppliers that sell more than 1 million Mwhrs of electricity to meet 6 percent of their retail load with qualifying renewable resources in 2012, gradually increasing to 25 percent by 2025. Qualifying hydropower includes electricity generated from increased efficiency or additions of capacity made on or after January 1, 2001 at existing facilities or electricity generated from capacity added on or after January 1, 2001 to a non-powered dam under circumstances certified by FERC. Of note, a retail electric supplier's base amount of total electric energy sold to consumers (and upon which the RES is calculated) does not include existing hydropower. In other words, existing hydropower is backed out of the RES requirement calculation. A similar Renewable Electricity Standard is included in the Waxman/Markey climate change draft described below.
Climate Change
American Clean Energy and Security Act of 2009 (Waxman/Markey Climate Change Draft) Chairman of the House Energy and Commerce Committee Henry Waxman and Subcommittee Chairman Ed Markey are planning to introduce climate legislation in the 111th Congress. A draft is currently circulating. The legislation contains four titles: 1) a clean energy title that includes a federal Renewable Electricity Standard; 2) an energy efficiency title; 3) a global warming title; and a transition title related to jobs and transitioning to a clean energy economy.
Permitting Process for Wave, Current and Instream New Technologies RM07-8
In 2007, the Federal Energy Regulatory Commission (FERC) sought public comment on how to process preliminary permit applications for wave, current, and ream hydropower technologies in light of an increasing interest in these new technologies. Also, FERC sought comment how it should enforce permits once they are issued. In response to FERC's inquiry, many entities recommended the need for a pilot program licensing process.
New Technologies in Hydroelectric Generation Technical Conference - AD06-13
On December 6, 2006, FERC Commissioners held a technical conference to examine new hydroelectric technologies that utilize ocean waves, tides, currents, and free-flowing rivers. The transcript from the conference may be viewed
here.
Hydrokinetic Technologies Pilot Project Workshop - AD07-14
On July 19, 2007, FERC announced it would convene a workshop on pilot project licensing for new hydropower technologies. The workshop
(transcript) occurred on October 2, 2007 in Portland, Oregon. FERC discussed its proposal, which is described in this
whitepaper. FERC has also released a
flow chart depicting a proposed licensing process for hydrokinetic pilot projects. FERC subsequently issued a new
whitepaper that responds to comments received at the October, 2007 workshop. Comments on the proposed hydrokinetic licensing process can be found on FERC's website under this Docket. FERC staff issued guidance on the
Hydrokinetic Pilot Procedures on April 14, 2008. FERC denied rehearing of the guidance on August 8, 2008.
Conditional Licenses for Hydrokinetic Projects - PL08-1
On November 30, 2007, FERC issued a policy statement that allows it to issue conditioned licenses for hydrokinetic energy projects under certain circumstances, even if other authorizations required under federal law are outstanding. FERC would issue conditioned licenses predicated on the license being precluded from commencing construction until the necessary authorizations are received. The
policy statement is effective November 30, 2007 and comments were due on December 14, 2007. In April, 2008, FERC issued a document responding to comments on its
conditioned license policy. See also Docket AD07-14. ?In May, 2008, several entities filed requests for rehearing.? FERC denied rehearing on May 21, 2008.
Alternative Energy and Alternate Use Program (EPAct Sec. 388)
Section 388 of the Energy Policy Act of 2005 granted the Department of the Interior discretionary authority to issue leases, easements, or rights-of-way for activities on the outer continental shelf (OCS) that produce or support production, transportation, or transmission of energy from sources other than oil and gas, and are not otherwise authorized by other applicable law. The DOI delegated this authority to the MMS. Examples of the general types of alternative energy project activities that MMS could authorize include wave and ocean energy.
On November 7, 2007, the MMS issued
notice of a
final programmatic environmental impact statement (EIS) for the establishment of a program to authorize alternative energy and alternate use activities on the OCS. The MMS intends to prepare a separate NEPA analysis to evaluate the environmental impacts of the proposed rule for alternative energy and alternate use activities on the OCS. The final programmatic EIS is the first step in a series to come in order to finalize regulations for the OCS program. To learn more, click on the MMS web site at
http://ocsenergy.anl.gov/.
On July 9, 2008, the MMS issued proposed regulations for granting leases, easements, and rights-of-way for alternative energy project activities and for alternate uses of existing facilities located on the OCS. Alternative energy projects covered by the proposed rule include offshore wind, wave, current, and solar energy projects. Comments were due September 8, 2008.
FERC and MMS have agreed to principles that address jurisdictional conflicts. Under the agreement, MMS would have authority to permit and develop wind projects on the OCS. Meanwhile, FERC, under the jurisdiction of the Federal Power Act, would have the primary responsibility to manage the licensing of hydrokinetic technologies on the OCS. As with conventional hydropower licenses, FERC would have to seek involvement from all other relevant federal and resource agencies, including the MMS, when licensing the hydrokinetic technologies.
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Regional
Federal Salmon Recovery Planning Process
On October 9, 2007, the National Marine Fisheries Service adopted an Endangered Species recovery plan for upper Columbia River spring Chinook and steelhead. For more information on the plan, click
here.
Federal Biological Opinion for the FCRPS
On May 26, 2005, Judge James A. Redden declared National Marine Fisheries Service's (NMFS) 2004 Biological Opinion ((BiOp) for the Federal Columbia Hydropower System (FCRPS) to be invalid. On May 23, 2006, the judge found the 2005 Upper Snake BiOp invalid as well. Both BiOps were remanded to NMFS.
NMFS issued a
draft biological opinion (BiOp) for the FCRPS on October 31, 2007. On May 5, 2008, NMFS released a number of final documents related to the 2004 remand of the FCRPS BiOp.
The documents include a BiOp on the operations of the FCRPS (including the Bureau of Reclamation Projects in the Columbia Basin); a BiOp on the operations and Maintenance of the USBR Upper Snake River Basin Projects above Brownlee Reservoir; and a BiOp on the impacts of US v OR Fisheries in the Columbia River in years 2008-2017 on ESA listed Species and Magnuson-Stevens Act Essential Fish Habitat. In addition, NMFS released a final Supplemental Comprehensive Analysis of the Federal Columbia River Power System and Mainstem Effects of the Upper Snake and other Tributary Actions (SCA).
Plaintiffs are challenging the revised BiOp, asking that it be declared illegal like its predecessors. ?For the latest on the 2008 BiOp, click here.
FCRPS BiOp
Upper Snake BiOp
Harvest BiOp
Supplemental Comprehensive Analysis
Issue Backgrounders on Salmon Recovery
Carbon Dioxide Footprint of the Northwest Power System
On September 13, 2007, the Northwest Power and Conservation Council released a paper addressing the carbon dioxide production of the Northwest power system. The objective of the paper is to compare forecasted annual, cumulative and per-MWH average CO2 production of the power system under a base case and various alternative future resource scenarios. Comments were due October 19, 2007. A final paper, entitled
"Carbon Dioxide Footprint of the Northwest Power System," was issued in November, 2007.
Report looks at climate change impacts on Columbia Basin Fish, Wildlife
The Independent Scientific Advisory Board released a report in May, 2007 entitled "Climate Change Impacts on Columbia River Basin Fish and Wildlife." Click
here for more.
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