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House Bill 2880
115th Congress(2017-2018)
Promoting Closed-Loop Pumped Storage Hydropower Act
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Passed House on Dec 12, 2017
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H. R. 2880 (Introduced-in-House)


115th CONGRESS
1st Session
H. R. 2880


To amend the Federal Power Act to promote closed-loop pumped storage hydropower, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 12, 2017

Mr. Griffith introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Federal Power Act to promote closed-loop pumped storage hydropower, 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 “Promoting Closed-Loop Pumped Storage Hydropower Act”.

SEC. 2. Closed-loop pumped storage projects.

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

“SEC. 34. Closed-loop pumped storage projects.

“(a) Definitions.—In this section:

“(1) CLOSED-LOOP PUMPED STORAGE PROJECT.—The term ‘closed-loop pumped storage project’ means a project—

“(A) in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters; or

“(B) that is not continuously connected to a naturally flowing water feature.

“(2) FEDERAL AUTHORIZATION.—The term ‘Federal authorization’—

“(A) means any authorization required under Federal law with respect to an application for a license, license amendment, or exemption under this part; and

“(B) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law to approve or implement the license, license amendment, or exemption under this part.

“(b) In general.—As provided in this section, the Commission may issue and amend licenses and preliminary permits, as appropriate, for closed-loop pumped storage projects.

“(c) Dam safety.—Before issuing any license for a closed-loop pumped storage project, the Commission shall assess the safety of existing dams and other structures related to the project (including possible consequences associated with failure of such structures).

“(d) License conditions.—With respect to a closed-loop pumped storage project, the authority of the Commission to impose conditions on a license under sections 4(e), 10(a), 10(g), and 10(j) shall not apply, and any condition included in or applicable to a closed-loop pumped storage project licensed under this section, including any condition or other requirement of a Federal authorization, shall be limited to those that are—

“(1) necessary to protect public safety; or

“(2) reasonable, economically feasible, and essential to prevent loss of or damage to, or to mitigate adverse effects on, fish and wildlife resources directly caused by the construction and operation of the project, as compared to the environmental baseline existing at the time the Commission completes its environmental review.

“(e) Transfers.—Notwithstanding section 5, and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section 7(a) when obtaining the permit, the Commission may, to facilitate development of a closed-loop pumped storage project—

“(1) add entities as joint permittees following issuance of a preliminary permit; and

“(2) transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality.”.