[Congressional Record (Bound Edition), Volume 156 (2010), Part 8] [House] [Pages 10913-10914] [From the U.S. Government Publishing Office, www.gpo.gov]COLLINSVILLE RENEWABLE ENERGY PROMOTION ACT Mr. MURPHY of Connecticut. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4451) to reinstate and transfer certain hydroelectric licenses and extend the deadline for commencement of construction of certain hydroelectric projects, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 4451 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 ``Collinsville Renewable Energy Promotion Act''. SEC. 2. REINSTATEMENT OF EXPIRED LICENSES AND EXTENSION OF TIME TO COMMENCE CONSTRUCTION OF PROJECTS. 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. SEC. 3. TRANSFER OF LICENSES TO THE TOWN OF CANTON, CONNECTICUT. 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. SEC. 4. ENVIRONMENTAL ASSESSMENT. (a) Definition.--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) Environmental Assessment.--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) Comment Period.--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. SEC. 5. DEADLINE. 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 1 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. SEC. 6. PROTECTION OF EXISTING RIGHTS. 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. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Connecticut (Mr. Murphy) and the gentleman from Nebraska (Mr. Terry) each will control 20 minutes. The Chair recognizes the gentleman from Connecticut. General Leave Mr. MURPHY of Connecticut. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material in the Record. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Connecticut? There was no objection. Mr. MURPHY of Connecticut. Madam Speaker, I yield myself such time as I may consume. The legislation before the House today is pretty simple. It will permit several communities in my district, the Fifth Congressional District of Connecticut, to operate two now-defunct hydroelectric dams as municipal power sources. The dams, the Upper and Lower Collinsville dams, have lain dormant in Connecticut's Farmington River since the 1960s. The licenses previously issued by FERC to operate both these dams are currently inactive, and this legislation would allow FERC to reinstate them and transfer them to the town of Canton, Connecticut, for operation. The State legislature has already passed legislation to operate these two State-owned dams, but Federal legislation is also needed to restore their operation. These small dams are already a beloved and longstanding symbol of the Farmington Valley's rich history. They used to power a very well-known and thriving axe factory on the site. This legislation would allow for additional comments and for environmental data [[Page 10914]] to be considered by FERC prior to taking any action, ensuring that the river's health and the region's health is well protected. This legislation has been drafted over the course of many months with the close cooperation of FERC, who's unopposed to the legislation, and we put together a bipartisan coalition of stakeholders, including all of the affected communities, the Governor of the State of Connecticut, and regional and national river protection organizations. Simply put, there is broad and deep consensus and agreement that these dams represent a valuable source of renewable energy right in the heart of suburban Connecticut. And while we work here in the House and the Senate to enact much broader and sweeping policies to try to promote renewable energy development around this country, we need to also recognize that in some parts of this Nation there are some very locally produced, locally driven projects like this one in Canton and Avon, Connecticut, that can produce some pretty immediate effects for local rate payers, providing them with clean, renewable, locally produced and locally run energy. I would like to thank Chairman Waxman and Chairman Markey and Ranking Members Barton and Upton for their help in bringing this legislation to the floor. And I urge passage today of H.R. 4451. I reserve the balance of my time. Mr. TERRY. Mr. Speaker, I yield myself as much time as I may consume. I rise today on behalf of our side of the aisle of the Energy and Commerce Committee and report that we have absolutely no opposition and actually support this bill. Mr. Speaker, today we are considering the Collinsville Renewable Energy Promotion Act. This bill was considered in a markup of the Energy and Commerce Subcommittee on Energy and Environment on March 24, and in a markup of the full committee on May 26, both times passing by a voice vote. {time} 1315 The purpose of this bill is to authorize the Federal Energy Regulatory Commission, also known as FERC, to reinstate the terminated licenses for the Upper and Lower Collinsville Dams hydroelectric projects, and to extend for 2 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. I commend Representative Murphy for offering an amendment in the nature of a substitute at the full committee markup that made two important changes. The first is requiring FERC to provide an opportunity for the submission of comments by interested persons before reinstating one or both of the terminated licenses. Therefore, interested parties will have an opportunity to address any concerns with FERC. And the second is to include a new Section 6 which would clarify that nothing in H.R. 4451 would diminish or extinguish any existing rights under such license. Mr. Speaker, this bill has no direct cost. We are in support of the bill. I reserve the balance of my time. Mr. MURPHY of Connecticut. Mr. Speaker, I thank the gentleman for his support of the bill and for working with us in providing the amendments that he referenced. I think it is important to underscore his point, that this is not a requirement that FERC reissue these licenses to the town of Canton, it is permissive language allowing them to do that given proper environmental review and proper availability of comment from other interested parties. This really is an example of how local power production can be done right. This is a nonpartisan local issue, Democrats and Republicans at the local and State level, along with the administration in the State of Connecticut coming together, to try to promote a project to bring two long-dormant dams online. I would note also that the reconstruction of the dams will allow for potential fish passage along a stream that has not allowed for that passage for a long time. There are multiple benefits to the community and to ratepayers. I thank the gentleman for his support of the bill. I reserve the balance of my time. Mr. BURGESS. Mr. Speaker, I rise today to discuss a bill that I believe has been given far too little attention by the Congress, especially considering the potential precedent that it may set. H.R. 4451, the Collinsville Renewable Energy Promotion Act allows the Federal Energy Regulatory Commission (FERC) to transfer the permit for a hydro-electric power plant once held by a private company into the hands of a public municipality. This bill went through the Energy & Commerce Committee, although I could hardly say it received regular order consideration. When this legislation was first presented to us at the subcommittee level, Members were told it was a non-controversial bill, and that all the interested parties agreed with the actions being taken. Members of the Energy & Commerce Committee subsequently learned otherwise when the company involved, Summit Hydro, LLC, told my office that not only were they opposed to the transfer of these permits, but that they were not even told our Committee was considering the legislation. I find it outrageous that this Congress would move ahead with transferring a privately-held permit to a public entity without so much as a legislative hearing. Despite my objections at the Committee level, voicing concerns that no hearing had been held, the Majority pushed this legislation forward. I am disheartened that this legislation was moved by the full House today, and hope that the Senate will provide Summit Hydro, LLC the proper deference in defending its actions and explaining its story before this bill becomes law and becomes yet another example of government taking over actions more properly suited for the private sector. Mr. TERRY. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time. Mr. MURPHY of Connecticut. Mr. Speaker, I urge support of the bill, and I yield back the balance of my time. The SPEAKER pro tempore (Mr. McGovern). The question is on the motion offered by the gentleman from Connecticut (Mr. Murphy) that the House suspend the rules and pass the bill, H.R. 4451, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________