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Mrs. Kahiona (for herself and with special thanks to Mrs. Rodgers) introduced the following bill

A BILL

To modernize the hydropower licensing process and to promote next-generation hydropower projects, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Hydropower Clean Energy Future Act”.

SEC. 2. Confirming that hydropower is an essential renewable resource.

 

(a) Sense of Congress on the use of hydropower renewable resources.—It is the sense of Congress that—

(1) hydropower is a renewable resource for purposes of all Federal programs and is an essential source of energy in the United States; and

(2) the United States should protect existing hydropower resources and increase substantially the capacity and generation of clean, renewable hydropower resources to address a changing climate and improve environmental quality in the United States.

(b) Modifying definitions of renewable energy To include hydropower.—

(1) ENERGY POLICY ACT OF 2005.—Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is amended—

(A) in subsection (a), by amending paragraphs (1) through (3) to read as follows:

“(1) Not less than 20 percent in fiscal years 2024 through 2025.

“(2) Not less than 23 percent in fiscal years 2026 through 2027.

“(3) Not less than 25 percent in fiscal year 2028 and each fiscal year thereafter.”; and

(B) in subsection (b), by striking paragraph (2) and inserting the following:

“(2) RENEWABLE ENERGY.—The term ‘renewable energy’ means energy produced from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or hydropower.”.

(2) OTHER FEDERAL REGULATIONS, ORDERS, AND POLICIES.—Not later than 180 days after the date of enactment of this Act, each Federal department and agency shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report demonstrating that the department or agency has amended any applicable regulation, order, or other policy of the department or agency related to renewable energy to ensure treatment of hydropower by the Federal Government consistent with the amendments made by paragraph (1).

(c) Licenses for construction.—Section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) is amended, in the first sentence, by inserting “to mitigate the effects of the applicable project on such reservation, so as to provide” after “deem necessary” in the first proviso.

(d) Operation of navigation facilities.—Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by adding before the period at the end of the first sentence “to mitigate effects of the applicable project”.

SEC. 3. Protecting and promoting small and next-generation hydropower projects.

 

(a) Exemptions from licensing requirements for certain small hydroelectric power projects.—Section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705) is amended by striking subsection (d) and inserting the following:

“(d) Exemptions from licensing in certain cases.—

“(1) IN GENERAL.—Subject to paragraphs (2) and (3), the Commission may in its discretion (by rule or order), upon application and on a case-by-case basis or on the basis of classes or categories of projects, grant an exemption in whole or in part from the requirements (including the licensing requirements) of part I of the Federal Power Act to any small hydroelectric power project—

“(A) having a proposed installed capacity of 40 megawatts or less; or

“(B) for which a license was issued under part I of the Federal Power Act and the licensee applies for an exemption under this subsection, if—

“(i) the license was issued after the date of enactment of the Electric Consumers Protection Act of 1986;

“(ii) the Commission determines, based on information available to the Commission, that continued operation of the project is not likely to jeopardize the continued existence of any species listed as a threatened species or an endangered species under the Endangered Species Act of 1973;

“(iii) the Commission determines, based on information available to the Commission, that continued operation of the project is not likely to result in the destruction or adverse modification of an area designated as critical habitat for any species listed as a threatened species or an endangered species under the Endangered Species Act of 1973; and

“(iv) the project has an installed capacity of 40 megawatts or less.

“(2) REQUIREMENTS.—An exemption granted under paragraph (1) shall be subject to the same limitations (to ensure protection for fish and wildlife as well as other environmental concerns) as those which are set forth in subsections (c) and (d) of section 30 of the Federal Power Act with respect to determinations made and exemptions granted under subsection (b) of such section 30 and subsections (c) and (d) of such section 30 shall apply with respect to actions taken and exemptions granted under this subsection.

“(3) EFFECTS.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), the granting of an exemption to a project under this subsection shall in no case have the effect of waiving or limiting the application (to such project) of the second sentence of subsection (b) of this section.

“(B) ENVIRONMENTAL REVIEW.—The Commission granting an exemption under paragraph (1) may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969.

“(4) EXEMPTION PROCESS.—The Commission shall make a determination with respect to any application for an exemption under paragraph (1)(B) not later than 90 days after submission of such application, which period shall include notice and opportunity for public comment. Any exemption granted under paragraph (1)(B) shall become effective upon the expiration of the applicable existing license.”.

(b) Expedited licensing of next-Generation hydropower.—Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following:

“SEC. 37. Expedited licensing of next-generation hydropower projects.

 

“(a) In general.—The Commission shall issue licenses for all next-generation hydropower projects in accordance with this section.

“(b) Definitions.—In this section:

“(1) EMERGING HYDROPOWER TECHNOLOGY PROJECT.—The term ‘emerging hydropower technology project’ means a project that the Commission determines—

“(A) will produce electricity from a generator driven by a turbine that converts the potential energy of falling or flowing water;

“(B) will utilize turbine or generating technology, an energy storage method, or a measure to protect, mitigate, or enhance environmental resources, that is not in widespread, utility-scale use in the United States as of the date of enactment of this section;

“(C) will not be, based on information available to the Commission, likely to jeopardize the continued existence of any species listed as a threatened species or an endangered species under the Endangered Species Act of 1973; and

“(D) will not be, based on information available to the Commission, likely to result in the destruction or adverse modification of an area designated as critical habitat for any species listed as a threatened species or an endangered species under the Endangered Species Act of 1973.

“(2) NEXT-GENERATION HYDROPOWER PROJECT.—The term ‘next-generation hydropower project’ means a project that—

“(A) may be licensed under this Act;

“(B) is not—

“(i) a qualifying conduit hydropower facility under section 30; or

“(ii) exempted from licensing under—

“(I) section 30; or

“(II) section 405 of the Public Utility Regulatory Policies Act of 1978; and

“(C) is—

“(i) an emerging hydropower technology project;

“(ii) a qualifying facility, as defined in section 34;

“(iii) a qualifying closed-loop pumped storage project, as defined in section 35;

“(iv) a marine or hydrokinetic project, including a project that utilizes a wave technology, tidal technology, or in-river technology; or

“(v) a hydropower facility within an irrigation, water supply, industrial, agricultural, or other open or closed water conduit system.

“(c) Expedited licensing process.—

“(1) NOTIFICATION OF INTENT.—

“(A) FILING OF NOTIFICATION.—An applicant for any next-generation hydropower project shall commence the licensing process by filing a notification of intent with the Commission.

“(B) DEADLINE FOR FILING.—Notwithstanding section 15(b)(1), an applicant for a next-generation hydropower project shall file a notification of intent at least 2 years before the expiration of the existing license, if applicable.

“(2) FILING OF APPLICATION.—

“(A) GENERAL DEADLINE.—An applicant for a next-generation hydropower project shall submit to the Commission an application not later than 1 year after filing the notification of intent under paragraph (1).

“(B) EXISTING LICENCEE DEADLINE.—Notwithstanding section 15(c)(1), an application for any next-generation hydropower project shall be filed with the Commission at least 1 year before the expiration of the term of the existing license, if applicable.

“(3) DEADLINE FOR ISSUANCE.—The Commission shall take final action on a license for a next-generation hydropower project under this section not later than 2 years after the applicant notifies the Commission of its intent to file an application for a license, as provided under paragraph (1).

“(d) Requirements.—In issuing a license under this section the Commission and all resource agencies with regulatory responsibilities in the licensing process shall—

“(1) maximize reliance on existing studies and information and require any person or agency requesting a new study or information to demonstrate that collection of any new data or preparation of any new study will not jeopardize the Commission’s ability to meet the licensing deadline under subsection (c)(3);

“(2) consider whether obligations under the National Environmental Protection Act of 1969 may be met through preparation of an environmental assessment or supplementing a previously prepared environmental assessment or environmental impact statement;

“(3) eliminate any nonessential meetings, reports, and paperwork, including interim study reports and a draft license application or similar document, without compromising effective consultation with, and participation of, Federal and State resource agencies, Indian tribe, and the public; and

“(4) consider existing project works and other infrastructure to be included in the environmental baseline.

“(e) Rule.—Not later than 90 days after the date of enactment of this section, and after consultation with the task force described in subsection (f), which 90 days shall include public notice and opportunity for comment, the Commission shall issue a rule implementing this section. Such rule shall include a process, not to exceed 60 days, for the Commission to determine on a case-by-case basis whether a proposed or existing project qualifies as a next-generation hydropower project prior to the initiation of the licensing or relicensing process.

“(f) Task force.—The Commission shall convene a task force, with appropriate Federal and State agencies, Indian tribes, and licensees under this part represented, to coordinate the regulatory processes associated with the authorizations required to license next-generation hydropower projects pursuant to this section.”.

SEC. 4. Identifying and removing market barriers to hydropower.

 

(a) Report on hydropower barriers.—

(1) IN GENERAL.—Not later than 270 days after the date of enactment of this Act, the Federal Energy Regulatory Commission, in consultation with the Secretary of Energy, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report—

(A) describing any barriers to the development and proper compensation of conventional, storage, conduit, and emerging hydropower technologies caused by—

(i) rules of Transmission Organizations (as defined in section 3 of the Federal Power Act (16 U.S.C. 796));

(ii) regulations or policies—

(I) of the Commission; or

(II) under the Federal Power Act (16 U.S.C. 791a et seq.); or

(iii) other Federal and State laws and policies unique to hydropower development, operation, and regulation, as compared to other sources of electricity;

(B) containing recommendations of the Commission for reducing barriers described in subparagraph (A) across regulatory and market sectors;

(C) identifying and determining any regulatory, market, procurement, or cost recovery mechanisms that would—

(i) encourage development of conventional, storage, conduit, and emerging hydropower technologies; and

(ii) properly compensate conventional, storage, conduit, and emerging hydropower technologies for the full range of services provided to the electric grid, including—

(I) balancing electricity supply and demand;

(II) ensuring grid reliability;

(III) providing ancillary services;

(IV) contributing to the decarbonization of the electric grid; and

(V) integrating intermittent power sources into the grid in a cost-effective manner; and

(D) identifying ownership and development models that could reduce barriers to the development of conventional, storage, conduit, and emerging hydropower technologies, including—

(i) opportunities for risk-sharing mechanisms and partnerships, including co-ownership models; and

(ii) opportunities to foster lease-sale and lease-back arrangements with publicly owned electric utilities.

(2) COMMISSION PROCEEDINGS.—The Commission shall base the report under paragraph (1) on the findings of the Commission in—

(A) Docket No. AD16–20;

(B) Docket No. RM16–23; and

(C) any other relevant proceedings.

(3) TECHNICAL CONFERENCE AND PUBLIC COMMENT.—In preparing the report under paragraph (1), the Commission shall solicit public input, including by convening a technical conference and providing an opportunity for public submission of written comments on a draft report.

(b) Definitions.—In this section:

(1) ANCILLARY SERVICES.—The term “ancillary services” means the specialty services and functions provided by the electric grid that facilitate and support the continuous flow of electricity so that supply will continually meet demand, including—

(A) autonomous dynamic voltage support;

(B) balancing;

(C) black start capabilities;

(D) frequency control;

(E) load following;

(F) operating, flexibility, contingency, and other reserves;

(G) reactive power; and

(H) synchronized regulation.

(2) CONVENTIONAL, STORAGE, CONDUIT, AND EMERGING HYDROPOWER TECHNOLOGIES.—The term “conventional, storage, conduit, and emerging hydropower technologies” means hydropower in all its forms and modes of operation, including—

(A) the use of dams or similar infrastructure to store water in a reservoir or divert flows from a waterway, and to release stored or diverted water through a turbine to generate electricity according to any mode of operation, such as run-of-river, peaking, reregulating, storage, or load following;

(B) a configuration of two water reservoirs at different elevations that can generate power as water moves down through a turbine, and pump water back to the upper reservoir when the turbine operations are reversed, including both closed- and open-loop systems;

(C) marine and hydrokinetic technologies, including wave, tidal, and in-river systems;

(D) mini- and micro-hydropower facilities within irrigation, water supply, industrial, agricultural, or other open or closed water conduit systems; and

(E) other facilities that produce electricity from generators driven by turbines that convert the potential energy of falling or flowing water.

SEC. 5. Modernizing hydropower licensing.

Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is further amended by adding at the end the following:

“SEC. 38. Licensing process coordination and improvement.

 

“(a) Definition of Federal authorization.—In this section, the term ‘Federal authorization’ means any authorization required under Federal law (including any license, condition of any license by a Secretary under section 4(e), prescription submitted by a Secretary under section 18, permit, special use authorization, certification, opinion, consultation, determination, or other approval) with respect to an application for a license under this part.

“(b) Designation as lead agency.—

“(1) IN GENERAL.—The Commission shall act as the lead agency for purposes of all applicable Federal authorizations (including for purposes of complying with the National Environmental Policy Act of 1969), and for purposes of complying with any required State or local environmental reviews.

“(2) OTHER AGENCIES.—Each Federal, State, and local government agency considering an aspect of an application for a Federal authorization shall coordinate with the Commission and comply with the deadline established in the schedule developed for the license under this part, in accordance with the rule issued under subsection (d)(2)(C).

“(c) Use of existing studies.—

“(1) IN GENERAL.—To the maximum extent practicable and in accordance with the best available science, the Commission and other Federal and State agencies with a responsibility for a Federal authorization shall—

“(A) use relevant existing studies and data; and

“(B) avoid duplicating current, existing studies that are applicable to the relevant project.

“(2) DEMONSTRATION.—When requiring any new study or collection of information, the Commission or other Federal or State agency with a responsibility for a Federal authorization shall—

“(A) explain how the new study or other information is necessary to support the agency’s decisionmaking with respect to the Federal authorization;

“(B) identify how existing information reasonably available to the agency is inadequate to support the agency’s decisionmaking with substantial evidence; and

“(C) include an analysis of how the value of the required new study or other information outweighs the cost of producing it.

“(d) Schedule.—

“(1) TIMING FOR ISSUANCE.—It is the sense of Congress that, except as otherwise provided in this part, all Federal authorizations required for a project should be issued within a reasonable time, so as to facilitate a final Commission licensing decision within 2 years after the date on which the license application for the project under this part is considered to be complete by the Commission.

“(2) COMMISSION SCHEDULE.—

“(A) IN GENERAL.—The Commission, in accordance with the rule issued under subparagraph (C), shall—

“(i) establish a schedule for—

“(I) all filings and issuances necessary and appropriate for its issuance of a license issued under this part; and

“(II) the issuance of all Federal authorizations for the applicable project; and

“(ii) issue such schedule when the Commission determines that the license application for the project is ready for environmental analysis.

“(B) REQUIREMENTS.—In establishing the schedule under subparagraph (A), the Commission shall—

“(i) consult and cooperate with the Federal and State agencies responsible for a Federal authorization;

“(ii) ensure the expeditious completion of all proceedings relating to a Federal authorization; and

“(iii) comply with applicable schedules established by Federal law with respect to a Federal authorization.

“(C) RULEMAKING.—

“(i) COMMISSION RULEMAKING TO ESTABLISH PROCESS TO SET SCHEDULE.—Not later than 180 days after the date of enactment of this section, the Commission, in consultation with appropriate Federal and State agencies and after providing notice and opportunity for public comment, shall issue a final rule establishing a process for setting a schedule under subparagraph (A).

“(ii) CONSIDERATIONS.—In issuing a rule under this subparagraph, the Commission shall ensure that the schedule for each Federal authorization—

“(I) includes deadlines for actions by—

“(aa) any Federal or State agency with responsibilities for a Federal authorization;

“(bb) the applicant;

“(cc) the Commission; and

“(dd) other agencies and participants in a proceeding;

“(II) is developed in consultation with the applicant and any Federal or State agency with responsibility for the applicable Federal authorization;

“(III) provides an opportunity for any Federal or State agency with responsibility for a Federal authorization to identify and resolve issues of concern, consistent with subsections (e) and (f);

“(IV) complies with applicable schedules established under Federal law;

“(V) ensures expeditious completion of all proceedings required under Federal and State law, to the maximum extent practicable; and

“(VI) facilitates completion of Federal and State agency studies, reviews, and any other procedures required prior to, or concurrent with, the preparation of the environmental document of the Commission required under the National Environmental Policy Act of 1969, to the maximum extent practicable.

“(3) ADHERENCE TO SCHEDULE.—

“(A) IN GENERAL.—The Commission, Federal, and State agencies with responsibility for a Federal authorization, the license applicant, and all other agencies and other participants in proceedings for Federal authorizations for the project shall meet the deadlines established by the schedule developed under paragraph (2).

“(B) EXTENSION OF SCHEDULE DEADLINES.—

“(i) FEDERAL AUTHORIZATIONS.—A Federal or State agency that is unable to complete its disposition of a Federal authorization by the deadline set forth in the schedule established by the Commission under paragraph (2) shall, not later than 30 days prior to such deadline, file for an extension with the Commission. The Commission shall issue a one-time extension of up to 90 days to any such Federal or State agency upon a demonstration of good cause.

“(ii) OTHER EXTENSIONS.—The Commission may grant extensions requested by the license applicant or other licensing participants to facilitate settlement, address unforeseen circumstances, or accommodate other showings of good cause if the Commission determines that any such extension would reduce the overall time period for decisionmaking on required Federal authorizations for the project, increase the administrative efficiency of the processes for Federal authorizations, or improve the quality of information available to Federal and State agencies with a responsibility for a Federal authorization.

“(iii) REISSUANCE OF SCHEDULE.—If the Commission grants an extension under this paragraph, the Commission shall reissue the schedule and applicable deadlines to reflect the extension of time granted.

“(C) LIMITATION.—Notwithstanding the Commission’s authority to extend the schedule as provided in subparagraph (B), the Commission shall not grant any extension that would increase by 1 year or longer the time period in the original schedule issued under paragraph (2) for obtaining all Federal authorizations for the applicable project.

“(4) FAILURE TO MEET SCHEDULE DEADLINES.—

“(A) IN GENERAL.—Subject to subparagraph (C), if a Federal or State agency fails to complete its disposition of a Federal authorization in accordance with the schedule deadline established under paragraph (2) (as may be extended under paragraph (3))—

“(i) in the case of a Federal agency, $5,000 of unobligated funds shall be rescinded; or

“(ii) in the case of a State agency, $5,000 of unobligated funds shall be rescinded from Federal fish and wildlife or water resources funding programs to the State.

“(B) SUBSEQUENT RESCISSION.—Subject to subparagraph (C), for each additional week after any deadline established by the Commission under paragraph (2) (as may be extended under paragraph (3)) remains uncompleted by a Federal or State agency with a responsibility for a Federal authorization, an additional rescission of $5,000 shall occur as provided in subparagraph (A).

“(C) MAXIMUM ANNUAL RESCISSION.—For each individual Federal authorization for a project, the total amounts rescinded under subparagraphs (A) and (B) shall not exceed, in any fiscal year, $100,000.

“(D) LIMITATION.—No head of a Federal or State department or agency shall reprogram funds from another Federal account or program for the loss of the funds under this paragraph. No head of a Federal or State agency shall report or include any rescinded funds as an administrative cost for purposes of annual charges under section 10(e).

“(e) Inconsistent or conflicting license terms.—

“(1) CONSULTATION TO RESOLVE INCONSISTENCY OR CONFLICT.—

“(A) IN GENERAL.—If a term or condition of a Federal authorization submitted for inclusion in a license under this part conflicts or is otherwise inconsistent with another such term or condition, the Commission shall initiate and facilitate consultation between the Federal or State resource agencies submitting conflicting or inconsistent terms or conditions, to attempt to resolve the inconsistency or conflict, including with any such conditions recommended for inclusion in the license by the Commission.

“(B) MEETINGS.—The consultation period under this subsection shall extend up to 90 days and shall include at least one technical conference or similar meeting. The Commission shall issue notice of any such conference or other consultation meeting, which shall be open to participation by the license applicant, other agencies, and other licensing participants.

“(C) AMENDMENT AND REISSUANCE.—If the agencies submitting the terms or conditions resolve the inconsistency or conflict, the Commission and other consulting agencies shall set a reasonable schedule and deadline, that is not later than 90 days after the conclusion of the consultation, for the agencies to amend and reissue their Federal authorizations to reflect the resolution, as appropriate.

“(2) RESOLUTION OF INCONSISTENCY OR CONFLICT.—

“(A) STATEMENTS.—If agencies are unable to resolve an inconsistency or conflict under paragraph (1), not later than 30 days after the conclusion of the consultation process under such paragraph, the agencies shall submit to the public record maintained by the Commission a statement that identifies the inconsistency or conflict, explains the position taken by each agency causing the inconsistency or conflict, and provides an analysis, supported by information in the public record, of the factual basis for the inconsistent or conflicting position taken by each agency.

“(B) REFERRAL.—Following such submission, the Commission shall refer the matter for resolution as provided in subsection (f).

“(f) Resolution of interagency disputes.—

“(1) REFERRAL TO OMB.—For any dispute under subsection (c), (d), or (e) among Federal and State agencies with responsibility for a Federal authorization, as well as any dispute between any such agency and the license applicant, the Commission may, upon its own motion or the request of the head of any such agency or the license applicant, refer the matter to the Director of the Office of Management and Budget.

“(2) ACTION BY OMB.—With respect to any dispute referred to the Director under paragraph (1), the Director, in consultation with the Chair of the Council on Environmental Quality, shall act as appropriate—

“(A) to ensure a timely participation;

“(B) to ensure a timely decision;

“(C) to mediate the dispute; or

“(D) to refer the matter to the President.

“(3) PARTICIPATION.—The license applicant and other interested participants shall be provided the opportunity to participate in the resolution of any issues under this subsection.”.

SEC. 6. Hydropower development at existing nonpowered dams and closed-loop pumped storage.

 

(a) Promoting hydropower development at existing nonpowered dams.—Section 34 of the Federal Power Act (16 U.S.C. 823e) is amended—

(1) by amending subsection (a) to read as follows:

“(a) In general.—The Commission may issue a license under section 37 for any facility the Commission determines is a qualifying facility.”;

(2) by striking subsections (b) and (c); and

(3) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.

(b) Closed-Loop pumped storage projects.—Section 35 of the Federal Power Act (16 U.S.C. 823f) is amended—

(1) by amending subsection (a) to read as follows:

“(a) In general.—The Commission may issue a license under section 37 for any project the Commission determines is a qualifying closed-loop pumped storage project.”;

(2) by striking subsections (b), (c), (e), (g), and (h);

(3) by redesignating subsections (d) and (f) as subsections (b) and (c), respectively; and

(4) by adding at the end the following:

“(d) No license required for certain projects.—Notwithstanding section 23(b), a closed-loop pumped storage project shall not be required to be licensed under this part if the closed-loop pumped storage project—

“(1) is not located upon any part of the public lands or reservations of the United States; and

“(2) does not use a federally owned dam or reservoir.

“(e) Definitions.—For purposes of this section:

“(1) CLOSED-LOOP PUMPED STORAGE PROJECT.—The term ‘closed-loop pumped storage project’ means a project for the generation of electric power—

“(A) that—

“(i) is configured to use 2 or more natural or artificial reservoirs or other water bodies at different elevations; and

“(ii) can generate electric power as water moves down through a turbine and recharge by pumping water to the upper reservoir;

“(B) that will be constructed, operated, and maintained for the generation of electric power in a manner that ensures that the upper and lower reservoirs or other water bodies do not impound any stream channel of any surface body of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States; and

“(C) in which any infrastructure connecting a project reservoir and a natural surface waterway is used for the sole purpose of the initial fill and periodic recharge of reservoirs needed for project operation.

“(2) QUALIFYING CLOSED-LOOP PUMPED STORAGE PROJECT.—The term ‘qualifying closed-loop pumped storage project’ means a closed-loop pumped storage project that, as of the date of enactment of the Hydropower Clean Energy Future Act, is not licensed under, or exempted from the license requirements contained in, this part.

“(f) Savings clauses.—Nothing in this section affects—

“(1) any requirement of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), or the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.) that may apply to the construction, operation, or maintenance of a closed-loop pumped storage project; or

“(2) except as provided in subsection (d), any authority of the Commission to license a closed-loop pumped storage project under this part.”.

SEC. 7. Extension of time to commence construction of certain hydropower projects.

 

(a) Definition of covered project.—In this section, the term “covered project” means a hydropower project with respect to which—

(1) the Federal Energy Regulatory Commission issued a license under the Federal Power Act before March 13, 2020; and

(2) construction has not commenced on the date of enactment of this Act.

(b) Authorization of extension.—Notwithstanding section 13 of the Federal Power Act (16 U.S.C. 806), on the request of a licensee of a covered project, the Federal Energy Regulatory Commission may, after reasonable notice and for good cause shown, extend in accordance with subsection (c) of this section the period during which the licensee is required to commence construction of the covered project for an additional 4 years beyond the 8 years authorized by such section 13.

(c) Period of extension.—An extension of time to commence construction of a covered project under subsection (b) shall—

(1) begin on the date on which the final extension of the period for commencement of construction granted to the licensee under section 13 of the Federal Power Act (16 U.S.C. 806) expires; and

(2) end on the date that is 4 years after the latest date to which the Federal Energy Regulatory Commission is authorized to extend the period for commencement of construction under such section 13.

PES:

This legislation aims to modernize the hydropower sector by streamlining licensing processes, promoting innovation, and expanding hydropower development. Key provisions include defining essential electric grid services such as frequency control and load balancing, and broadening the scope to include various hydropower technologies, from conventional and storage systems to emerging ones like marine and hydrokinetic power. The bill also focuses on improving the Federal Energy Regulatory Commission (FERC)'s role in coordinating licensing with other agencies, ensuring approvals within two years, and using existing studies to avoid unnecessary duplications.

Additionally, the bill addresses conflict resolution by creating mechanisms for settling disputes over licensing conditions, with the Office of Management and Budget (OMB) overseeing timely decisions. It encourages hydropower development at existing nonpowered dams and supports closed-loop pumped storage systems. By simplifying the licensing process and emphasizing the use of innovative technologies, the legislation aims to maximize hydropower potential while minimizing the need for new infrastructure, contributing to cleaner and more efficient energy production.

Edited by Alaskansockeyepuffs

 

2024 Democratic Nominee for President &

Senator from Hawaii: Hannah Trujillo Kahiona
Bio - Press Office - www.kahiona.senate.gov

I hope that the Bush family finds inner peace and a meditative spirit during this trying time - Mark Tennington

R8: Kasper Braun (R-VT)

R9: Katherine Lawrence (R-ID)(Senate Majority WHIP and Presidential Candidate)

R10: Veronica Kalua (D-HI)

R11: Luke Doolittle (R-AK)- (The great Flip-Flopper of the GOP) Jessica Hunt (R-AK) (RNC Chairwomen and Senate Minority Whip)(Survived as GOP Leadership)

R12: Sarah Warmbier (R-WA-4th) - Administator Scenarios Coordinator

R13: Vice President Sarah Johansen (Martyr to China) - Larry Angelouplos (R-NE) (Lazy Larry) - Mark Tennington (D-OR) (Never Get High on Your own Bowtie)(Senate Majority Whip)

R14: Anney Iyal (D-WA)

R15: Katherine Lawerence (R-ID) 2.0 , Mark Tennington (D-OR) 2.0

,R15-R16: Domestic Scenarios Coordinator,

R-17: Jennifer Stohl (R-MT)

R-18: Anney Iyal (D-WA) (Senate Majority Whip  and President Pro-Tempore) Senate Minority Leader Billy H. Hoover (D-FL)

 

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    • Vox Libertatis Freedom Index 2025 Recap It has been one full year under a Republican President and Senate and, as we have mentioned, it is getting harder to tell where Democrats end and Republicans begin. From pricing workers out of a job to breaking up free enterprise, the two parties are seemingly in lock step in their mission to destroy the free market. The big exception is foreign policy where President Van Horn has led the U.S. in a bold new direction and the neoconservative movement has been marginalized to the Democratic minority and a handful of fringe Republicans like Senator Elizabeth Hunt (R-AL) who continues to wants to rage [expletive deleted] any country that looks at us wrong. With one year of the 119th Session of Congress in the books, here’s your Freedom Index for 2025. Happy New Year! The Good Leading the pack is Senator John Burton of Ohio and Senator Nate Calloway of Nebraska. These two bucked the far left lurch of the Republican Party after President Allred’s death to stick to one time conservative principles of free trade and restoring the private healthcare market. Senator Calloway is more traditionally conservative, but did some outstanding speeches at CATO of all places, defending free trade and entitlement reform. ‘[T]rade, like liberty, is a cornerstone of our republic,’ says Calloway. Burton put words into action, however, introducing actual legislation to restore free trade and save Medicare from its imminent demise. While imperfect, the bold initiatives gave these two the highest scores from a Republican or Democratic member of the U.S. Senate in the two year history of the Freedom Index. Burton gets a B- and Calloway gets a D, so do not rest on your laurels and get too confident just yet. Rounding out the top 3 is Democrat Ross McCallen of Arizona: A self-described ‘moderate’ Democrat, McCallen was not afraid to honor Arizona’s maverick tradition and still support civil liberties while some of his colleagues do not. The Bad On the bottom end of the spectrum is Democratic Senators Avraham and Baudelaire of Massachusetts, hindered mainly by a vestigial hawkish foreign policy and an extremely far left voting history, respectively. Foreign policy, immigration, and Medicare expansion kept Senator Sizemore of PA down into 2025. Republican Senator Albion of Ohio is forever dead to us after dumping billions of tax dollars into Lake Erie and while our old friend, Commie Kahiona, has lost her ever loving mind, veering so far extreme right on foreign policy into Senator Hunt (R-AL) level I-want-to-rage-[expletive deleted]-istan. For America’s sake, we hope all the neocons go on a one-way hunting trip with Dick Cheney. Neoconservatism is dead, it just took 17 years to count the buckshot. Meanwhile, Senator Minority Leader Rafael Coleman (D-CO) saw the most improvement between sessions due to his leadership on marijuana legalization and not having his name on every horrible piece of legislation again this session (that honor goes to the President). The Ugly One time leaders like Senator Earl Duplantis (R-LA), Levi Keonig (R-FL), and President Van Horn (R-KY) dropped significantly for championing and ushering through the People’s First Agenda and their ridiculous obsession with fish. One time VLFI leader Koenig plummeted the most between sessions for his wholesale allegiance to the People’s First Agenda and flip flop on minimum wage. We now live in a world where Bernie Bros are Republicans, neocons are Democrats, and we are neither at war with Eastasia nor Eurasia. President Van Horn’s triumphant policy of non-aggression kept him alive but just under the median this time due to the twin demons of his economic populism and Executive Order spree. His ranking also may be muted by not participating in our questionnaire. What, like the White House has been busy, or something? Methodology On the subject of questionnaires, we updated our methodology this time to give a chance for Senators to at least allege their positions to us, in confidence, to help flesh out a clearer picture on important issues that the Senate has yet to take action on. *cough, cough* #Legalize4/20 2026??? *cough* 53.57% responded to our questionnaire and everyone who did saw a statistically significant improvement in their scores of +13 points on average, even when they are wrong. While we appreciate the sometimes hilarious qualitative responses, this is a quantitative rubric and in most cases, it only ended up reducing respondents' scores. Keep the hate mail coming though: We will publish a greatest hits one day. If anyone did not get a chance to complete the questionnaire this time, we are continuing to accept them on a rolling basis. The mean overall was a 34.32%, which is an F-, but the mean from survey respondents was 47.09%; still an F- but a high F-.  Observations Without giving any names, there are some interesting observations from aggregate survey responses. First and foremost, 76.67% of respondents support marijuana legalization, even more than the 70% of Americans broadly in a 2023 PEW poll. Someone call Coleman: Its 4/20 some year? 80% said they do not oppose the right to bear arms (is that triple negative?) and 53.33% agree that the U.S. intervenes too much in other countries. To demonstrate the accuracy of this poll, (or how much Congress is a bunch of liars,) we asked if optimal wages are best determined by the market. 100% of the 50% who said they support free market wages voted to double the minimum wage last year. A clearer sign than ever that our public education system is failing us. Future of the Vox Libertatis Freedom Index Going forward, we will continue to update the Freedom Index each year, and send out new questionnaires but the outstanding previous questionnaires will also still be accepted indefinitely. We will do ad hoc Freedom Indices for important high profile races as in 2024 and are experimenting with adding a multidimensional model which will provide breakdown where a person stands on foreign policy, economic, and individual liberty. For example, President Van Horn scores very high on foreign policy but lower on economic liberty so his Index is really more of an odd L shape that the average does not fully highlight. We will continue to do our best to keep you informed and urge our elected leaders to always: #ChooseFreedom @TexAgRepublican@Elizabeth Hunt R-AL@Kandler@Albion@Brushbeck@Avner@Sovereign@Alaskansockeyepuffs@camilodeso@DMH@Jack
    • Istanbul Accords: Fragile Peace or a Gamble with Ukraine's Future? By Jared Kane, International Correspondent for Capitol Compass For several years of war and after untold devastation ravaged the country, the Ukraine-Russia Treaty dubbed the Istanbul Accords, has emerged as one of the most consequential moments of the decade. It is a promise of peace and stability. But it is built upon a bedrock of the same devastation that took hold of Ukraine when the war started in 2022. This treaty has been framed as a path to stability. Still, it has sparked intense debate across the globe, raising questions about its long-term implications for Ukraine's sovereignty. It's also a test of the resilience of democratic principles in the face of authoritarian aggression. The crux of the accords is the status of the Crimea Peninsula. This region, occupied by Russia in 2014 despite heavy international opposition, is heavy with symbolism for both nations. The agreement asserts Ukraine's formal sovereignty over the peninsula while granting Russia administrative control for the next two decades. This lease will cost Moscow $1 billion annually and a share of the revenue generated from the region's development. Oversight of this portion of the agreement will fall to an independent commission comprised of representatives from the OSCE, Turkey, China, and India. Supporters of the agreement view this compromise as a pragmatic resolution to an entrenched stalemate. At the same time, critics argue that it risks legitimizing territorial conquests and sets a dangerous precedent. By allowing Russia to retain any semblance of control, even temporarily, raises uncomfortable questions about the price of aggression and fragility of international norms. The accords also address the status of contested regions of Donetsk and Luhansk provinces. It grants them autonomy within Ukraine's borders. This concession on Ukraine's part acknowledges the realities of a divided population, particularly in areas with a significant Russian-speaking population. One could argue that proponents believe this measure could ease tensions and foster peaceful coexistence in the regions. At the same time, skeptics may fear it entrenches divisions and emboldens separatist movements. The most critical part of the agreement, especially in the eyes of Western powers, is Ukraine's neutrality pledge. This pledge is a sharp departure from its previous aspirations to join NATO. In exchange, Ukraine has been given security guarantees from major powers, including the United States, China, India, and Turkey. The White House argued, through an interview with the White House Press Secretary Ammon Rasmussen, that this was a "course correction from the last administration" and that it was necessary. To ensure peace, a demilitarized zone monitored by peacekeepers from Austria, China, Singapore, and Indonesia aims to provide stability and prevent renewed hostilities. While this is an attempt at fostering a lasting peace, the challenges of maintaining security in such a volatile environment remain daunting. The final part of the treaty is economic reconstruction; under the Istanbul Accords, Turkey and India will lead efforts to rebuild Ukraine's shattered infrastructure. Russia has also pledged financial support, though one could be concerned about the integrity and effectiveness of these commitments. For many Ukrainians, the prospect of rebuilding offers a glimmer of hope, tempered by concerns that inefficiency or corruption could ultimately undermine recovery efforts. This agreement underscores a shift in global power dynamics for the United States. With China and India playing such prominent roles in brokering the peace, America's position as the guarantor of democracy and democratic values faces significant challenges. Domestically, reactions have been mixed. The White House is proud to say that President Van Horn successfully brought the President of Russia and Ukraine to the table, saying, "This was a truly groundbreaking achievement and one that will promote peace in Eastern Europe and around the globe." Skeptics, on the other hand, like Chair of the Senate Progressive Caucus Osiris Storm, claim that the President "left Ukraine cornered into a bad deal." European powers like Germany, France, and the UK are all cautiously optimistic about the Istanbul Accords and the future of peace. While Poland, Estonia, Canada, and other Eastern European NATO countries are privately lived, believing the treaty to be a direct betrayal of the Ukrainian people. Still, despite all of this, many observers, myself included, remain uneasy. The Istanbul Accords reflect a series of painful compromises that, while understandably necessary to end the war, could further erode the principle of sovereignty and territorial integrity that underpin international law. Allowing an aggressor, like Russia, to maintain control over seized land, even under stringent conditions like those imposed in the accords, risks emboldening future acts of aggression. Ultimately, history will decide whether the Istanbul Accords represent an authentic and genuine step towards lasting peace or a strategic gamble that encourages those willing to rewrite borders through force and intimidation. For Ukraine, the stakes could not be higher. The nation's extraordinary resilience to the Russian onslaught has carried it through the darkest days of the war. Its future now hinges not only on its own determination but also on the international community's resolve to uphold the accords and hold Russia accountable. The world watches and holds its breath as one question remains unanswered: Can this fragile peace withstand its underlying contradictions, or will it be remembered as a missed opportunity by the West to defend freedom and democratic values with unwavering conviction? Full text of the Istanbul Accords can be found here:  
    • 2026 Midterm Preparations See Record Investments by Both Parties October 2025 – Washington, D.C. As the 2026 midterms loom, both the Democratic National Committee (DNC) and the Republican National Committee (RNC) are executing unprecedented election readiness strategies, pouring massive resources into key battleground states. This cycle marks the largest coordinated investment since the high-stakes 2024 elections, with new RNC Chairman, Senator Tom Worthham of South Carolina, leading a broad-front strategy to rival the Democratic machine spearheaded by DNC Chairwoman Charlotte O’Hare. Historic Levels of Investment The combined resources poured into state-level campaigns reflect the parties’ understanding of the high stakes of the 2026 midterms. With control of Congress, state legislatures, and governorships on the line, both parties have tailored their strategies to focus on critical regions. The DNC’s investments span a mix of traditionally blue strongholds and swing states, with particular emphasis on expanding influence in Kansas, California, Michigan, and New Mexico. Meanwhile, the RNC is focused on reclaiming ground in Nevada, Georgia, and New Jersey while consolidating its base in Alaska, Florida, and Ohio. The following table shows the current funding advantage by state, based on relative investments: State Advantage Party Leading Alaska +1 DNC Arizona +3 GOP California +4 DNC Colorado +1 DNC Florida +1 GOP Georgia +3 GOP Iowa +3 GOP Kansas +9 DNC Maine +7 DNC Michigan +2 DNC Montana +3 GOP Nebraska +2 GOP New Hampshire +1 DNC New Jersey +2 GOP New Mexico +2 GOP New York +1 DNC Nevada +5 GOP North Carolina +1 GOP Ohio +2 GOP Pennsylvania +4 GOP South Carolina +6 DNC Texas +6 DNC Virginia +1 DNC Wisconsin +4 DNC DNC Strategy: Building on Momentum Chairwoman O’Hare has continued to emphasize deep, localized investments, with Kansas emerging as a surprising focal point. The DNC’s effort in the state have given the Kansas Democratic Party a massive 4 to 1 monetary advantage there reflects a broader strategy of flipping traditionally Republican states by activating progressive voter blocs and targeting moderate voters. “We’ve learned that when we engage voters early and with clear, impactful policies, we can expand our map,” O’Hare said during a recent interview. Massive funding has also been directed to New Mexico, California, and Michigan—states the Democrats hope to solidify as bastions of support amid growing Republican efforts. RNC Strategy: Broad-Front Counterattack RNC Chairman Worthham’s approach marks a shift from the Freedom Caucus-driven focus of prior years to a broader, more distributed strategy. States like Alaska and Nevada have seen significant resources as the GOP attempts to catch up or outpace Democratic investments and shore up vulnerable areas. In New Jersey and New Mexico, Republicans have made substantial investments to capitalize on recent electoral gains, including the gubernatorial win in New Jersey and competitive federal races in New Mexico. “We are competing everywhere, and we are competing to win,” Worthham stated at an RNC rally. “This is about bringing conservative values to every corner of America, no matter how blue or red.” Key Battlegrounds Several states are emerging as pivotal battlegrounds where the funding races have created closely contested environments: Alaska - Democrats and Republicans have matched each other almost dollar for dollar in the state, and with the Governor's race wide open, it's expected these levels of investments may continue. Georgia - Flipping Georgia at the state level has been a running dream of the Democrats for years. They possess both US Senate seats. The GOP knows this calculus as well as the Dems do and have ensured they are better funded, so far, for whomever ultimately challenges Ossof or has to defend the legacy of Brian Kemp. Michigan - Both the Democrats and the GOP have begun funneling cash into this key mid western state. While it has a Democratic lean, the Republicans are capable of punching through, if they can get a fundraising advantage, something the Dems currently hold. This comes during a vulnerable year with Governor Whitmer stepping down and it being unknown who will succeed her. New Jersey - New Jersey has turned into the frontlines of the battle between the RNC and the DNC and made it a true battleground state. with the investments seemingly not slowing down. New Hampshire - Republican Kelly Ayotte is in a tough re-election bid and her control of the New Hampshire legislature is up in the area, especially with recent Democratic investments in the state. New Mexico - The Republicans have tossed a significant investment campaign, hoping to capitalize on the retiring Democratic Governor and the defending US Senator in the state. The Republican lead will need to be fought into to relieve pressure on Democrats in the state. North Carolina - Recent Freedom Caucus victories in the state, combined with a superior GOP investment campaign is giving the advantage to the Republicans, but the Democrats are matching them as best we can. Republicans to be wary of repeating the campaign in Virginia, in this increasingly moderate and battleground state. Virginia - Democrats learned the gaming winning formula in Virginia in the past Gubernational race, and Republicans will have taken notes as they have begun investing heavily in Virginia. States of Concern for Either Side Kansas - The Democrats have a vastly larger warchest in Kansas, and whomever they use to succeed the outgoing Democratic Governor will be well funded to keep the Governor's Mansion in what is otherwise a solid ruby red state. Maine - The Democrats are honing in on outgoing Senator Hunt's seat, and the massive disparity between the Democrats and Republicans need to be given them pause, which may end up losing one of their seats in the Senate. Nevada - Democrats need to start rallying funds into the state, or else Governor Lombardo may keep the reins of power in Carson City and take control of the legislature to give the GOP a lock on this still extremely competitive state. Pennsylvania - Governor Josh Shapiro is already dealing with a GOP legislature and without investments into his organzation the GOP may be able to flip the Governor's Mansion and give them real momentum going into 2028. South Carolina - In one of the more shocking developments the Democrats have poured unanswered investments in South Carolina. While the Governor's race, or even the Senator Graham's re-election bids are not likely to flip, this could cause issues with the Congressional delegation, or cause some upsets in the state legislature, with the Democrats wanting to shift the momentum and put the entire east coast of southern states into play. Texas - No one doubts Governor Abbot or Senator Butcher's ability to hold their states, but Texas has been incredibly becoming more and more purple, and victory is no long as assured in Texas as it is in say Oklahoma. The Republicans have begun putting investments into the Lone Star State, but do not want to be outspent by the Democrats again. Wisconsin - The Republicans have otherwise ignored Wisconsin up to this point, and the Wisconsin Democratic Party knows how to capitalize on Republican weakness or lethargy. If they want a chance to taking back power from Governor Evers, or keeping their control of the legislature, they will need to push hard in the funding category. Criticism and Intrigue Both parties are facing criticism over the scale of their spending specifically on Election Readiness. While preparing elections is critical, critics note there has been less focus on state issue advocacy then there could be otherwise or candidate recruitment. One Democratic operative in Kansas put it bluntly "Having all this cash is great, not having a candidate to spend it on means it's not doing us any good". Still others have note the narrow focus on Election Readiness has allowed factions to sneak up the middle and take control of Party levers without opposition. While the DNC and RNC may not care as much directly on which faction is dominant in which state, the congressional delegations are concerned as are operatives on the ground when their bosses in the Governor's Mansions, don't align with a newly powerful faction at the state level, like the case of Gianforte in Montana, a strong Freedom Caucus man, now dealing with an resurgent Mainstreet state party. Meanwhile, observers are watching closely to see whether the RNC’s broad-front strategy can rival the DNC’s historically effective targeted investments. As 2026 approaches, the unprecedented resources being funneled into election readiness underscore the growing stakes of every election cycle. With America’s political landscape as polarized as ever, both parties are gearing up for a high-stakes fight for control of the nation’s future.
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