[House Report 113-7]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-7
======================================================================
COLLINSVILLE RENEWABLE ENERGY PROMOTION ACT
_______
February 4, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 316]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 316) to reinstate and transfer certain
hydroelectric licenses and extend the deadline for commencement
of construction of certain hydroelectric projects, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
PURPOSE AND SUMMARY
H.R. 316, the ``Collinsville Renewable Energy Promotion
Act,'' was introduced by Representative Elizabeth Esty on
January 18, 2013. The purpose of H.R. 316 is to authorize the
Federal Energy Regulatory Commission (FERC) to reinstate the
terminated licenses for the Upper and Lower Collinsville Dams
hydroelectric projects and to extend for two years after the
date of any such reinstatement the date by which the licensee
is required to commence construction, and, in the event that
FERC reinstates the licenses, to require FERC to transfer such
licenses to the town of Canton, Connecticut.
BACKGROUND AND NEED FOR LEGISLATION
The Upper and Lower Collinsville Dams on the Farmington
River were built to provide hydroelectric power to an ax
factory, which was shut down in 1966. The dams have not
produced power since that time, but continue to block upstream
fish passage.
On February 23, 2001, FERC issued original licenses to
Summit Hydropower to redevelop hydroelectric power capacity at
these dams. The Upper Collinsville Dam project was to have a
generation capacity of 373 kilowatts, while the Lower Dam was
to have a capacity of 920 kilowatts. As part of this licensing
process, an environmental assessment was completed. The
licenses required Summit to commence project construction
within two years from the issuance of the licenses.
Section 13 of the Federal Power Act requires licensees to
commence construction of hydroelectric projects within the time
fixed in the license, which shall be no more than two years
from the issuance of the license, and authorizes the Commission
to issue one extension of the deadline, for no more than two
years.
On November 26, 2002, FERC granted Summit a two-year
extension to commence project construction at both sites,
moving the deadline to February 23, 2005. Because construction
did not commence by that date, the Commission sent Summit a
notice of probable termination of the licenses on November 2,
2007. Summit did not respond to the notice. FERC terminated the
licenses on December 4, 2007. Summit did not seek rehearing of
the termination order.
The town of Canton, Connecticut intends to proceed with the
two hydroelectric projects that Summit originally had proposed.
On January 9, 2009, FERC granted the town a preliminary permit
to undertake the necessary feasibility studies. The town has
stated that it intends to pursue Low Impact Hydropower
Institute certification for the projects and to provide for
fish passage.
Identical legislation passed the House of Representatives
in both the 111th and 112th Congresses as H.R. 4451 and H.R.
5625, respectively. H.R. 4451 was agreed to in the House by
voice vote, under suspension of the rules, on June 16, 2010.
H.R. 5625 passed the House by voice vote, under suspension of
the rules, on June 26, 2012.
HEARINGS
The Committee on Energy and Commerce has not held hearings
on the legislation in the 113th Congress.
COMMITTEE CONSIDERATION
On January 22, 2013, the Committee on Energy and Commerce
met in open markup session. No amendments were offered during
the markup, and the Committee ordered H.R. 316 favorably
reported, by unanimous consent, to the House of
Representatives.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There was no record votes taken in connection with ordering
H.R. 316 reported. A motion by Mr. Upton to order H.R. 316
reported to the House, without amendment, was agreed to by
unanimous consent.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has made oversight
findings that are reflected in this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
H.R. 316 authorizes FERC to reinstate the terminated
licenses for the Upper and Lower Collinsville Dams
hydroelectric projects and to extend for two years after the
date of any such reinstatement the date by which the licensee
is required to commence construction, and, in the event that
FERC reinstates the licenses, to require FERC to transfer such
licenses to the town of Canton, Connecticut.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
316, the ``Collinsville Renewable Energy Promotion Act,'' would
result in no new or increased budget authority, entitlement
authority, or tax expenditures or revenues.
EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 316, the ``Collinsville Renewable Energy
Promotion Act,'' contains no earmarks, limited tax benefits, or
limited tariff benefits.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
January 31, 2013.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 316, the
Collinsville Renewable Energy Promotion Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 316--Collinsville Renewable Energy Promotion Act
H.R. 316 would authorize the Federal Energy Regulatory
Commission (FERC) to reinstate the licenses and extend the
deadline for beginning construction of two hydroelectric
projects (numbers 10822 and 10823) in Hartford County,
Connecticut. The bill would direct FERC to update the
environmental analyses associated with those projects and, if
reinstated, transfer the licenses to the town of Canton,
Connecticut.
Based on information from FERC, CBO estimates that
implementing H.R. 316 would have a small impact on the agency's
workload. Because FERC recovers 100 percent of its costs
through user fees, any change in its administrative costs would
be offset by an equal change in fees that the commission
charges. Therefore, the legislation's provisions would have no
net budgetary impact. Because FERC's administrative costs are
controlled through annual appropriation acts, enacting H.R. 316
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
H.R. 316 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
DUPLICATION OF FEDERAL PROGRAMS
No provision of H.R. 316 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that enacting H.R. 316 does not
specifically direct the completion of any specific rule makings
within the meaning of 5 U.S.C. 551.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1: Short title
This section provides that the short title of the bill is
the ``Collinsville Renewable Energy Promotion Act.''
Section 2: Reinstatement of expired licenses and extension of time to
commence construction of projects
This section authorizes FERC to reinstate one or both of
the terminated licenses for the Upper and Lower Collinsville
Dams hydroelectric projects (numbered 10822 and 10823) and to
extend for two years after the date on which either or each
project is reinstated the time period by which the licensee is
required to commence construction. Prior to taking such action,
FERC is required to provide an opportunity for the submission
of comments by interested persons, municipalities, and States
and to consider any such comments that are timely submitted.
The Committee intends that the terms ``persons,''
``municipalities,'' and ``States'' be given the same meaning as
they are given under the Federal Power Act. The Committee
intends that FERC may establish an appropriate deadline for the
submission of such comments.
Section 3: Transfer of licenses to the town of Canton, Connecticut
This section requires that, if, pursuant to section 2, FERC
reinstates a license and extends the time period during which
the licensee must commence construction, FERC shall transfer
such license to the town of Canton, Connecticut.
Section 4: Environmental assessment
This section requires FERC to complete an environmental
assessment for the Upper and Lower Collinsville Dams
hydroelectric projects not later than 180 days after the date
of enactment of this Act, updating, to the extent necessary,
the environmental analysis that was previously performed during
the original FERC licensing of these projects. After a 30-day
public comment period, FERC is required to consider the public
comments on the environmental assessment and to incorporate
terms and conditions in the reinstated licenses that the
Commission determines are necessary based on the environment
assessment and public comments.
Section 5: Deadline
This section requires FERC to make a final decision under
section 2 regarding the reinstatement of the licenses within
270 days of the date of enactment of the Act. If FERC
reinstates one or both of the licenses and extends the deadline
for commencing construction, the transfer of the license or
licenses to the town of Canton must also take place within 270
days of the date of enactment of the Act.
Section 6: Protection of existing rights
This section clarifies that nothing in this Act shall
affect any valid license issued by FERC under section 4 of the
Federal Power Act on or before the date of enactment of this
Act or diminish or extinguish any existing rights under any
such license.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.