Collinsville Renewable Energy Promotion Act (H.R. 316;113th Congress)
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The Collinsville Renewable Energy Promotion Act (; ) is a U.S. public law that was introduced into the
113th United States Congress The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Barack Obama's presidency. It was composed of the ...
, which passed in the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
on February 12, 2013. The bill allows the town of Canton, Connecticut, to take over two lapsed licenses from the Federal Energy Regulatory Commission (FERC) in order to refurbish two old local dams. The dams would be used to produce
hydroelectric power Hydroelectricity, or hydroelectric power, is electricity generated from hydropower (water power). Hydropower supplies one sixth of the world's electricity, almost 4500 TWh in 2020, which is more than all other renewable sources combined an ...
.


Background

''This summary is based largely on the summary provided by th
House Report 113-7
a
public domain The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...
source.'' The Upper and Lower Collinsville
Dam A dam is a barrier that stops or restricts the flow of surface water or underground streams. Reservoirs created by dams not only suppress floods but also provide water for activities such as irrigation, human consumption, industrial use ...
s on the
Farmington River The Farmington River is a river, U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map, accessed April 1, 2011 in length along its main stem, located in northwest Connecticut with major tributaries ex ...
were built to provide
hydroelectric power Hydroelectricity, or hydroelectric power, is electricity generated from hydropower (water power). Hydropower supplies one sixth of the world's electricity, almost 4500 TWh in 2020, which is more than all other renewable sources combined an ...
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 The watt (symbol: W) is the unit of power or radiant flux in the International System of Units (SI), equal to 1 joule per second or 1 kg⋅m2⋅s−3. It is used to quantify the rate of energy transfer. The watt is named after James W ...
, 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 The Federal Power Act is a law appearing in Chapter 12 of Title 16 of the United States Code, entitled "Federal Regulation and Development of Power". Enacted as the Federal Water Power Act on June 10, 1920, and amended many times since, its origina ...
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 A fish ladder, also known as a fishway, fish pass, fish steps, or fish cannon is a structure on or around artificial and natural barriers (such as dams, locks and waterfalls) to facilitate diadromous fishes' natural migration as well as movemen ...
. 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 In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...
, under
suspension of the rules In parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise. However, there are rules that cannot be suspended. Explanation of use Rules are ess ...
, on June 16, 2010. H.R. 5625 passed the House by voice vote, under suspension of the rules, on June 26, 2012.


Provisions/Elements of the bill

''This summary is based largely on the summary provided by the
Congressional Research Service The Congressional Research Service (CRS) is a public policy research institute of the United States Congress. Operating within the Library of Congress, it works primarily and directly for members of Congress and their committees and staff on a ...
, a
public domain The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, ...
source.'' The Collinsville Renewable Energy Promotion Act would authorize the Federal Energy Regulatory Commission (FERC) to: :(1) reinstate the license for either or each of the projects numbered 10822 and 10823, and :(2) extend for two years after the date on which either or each such project is reinstated the time period during which the licensee must commence project construction. The Collinsville Renewable Energy Promotion Act also directs the FERC to: :(1) transfer the reinstated licenses to the town of Canton, Connecticut, if it reinstates them and extends the time period during which the licensee is required to commence project construction; and :(2) complete an environmental assessment for the projects and update the environmental analysis performed during the licensing process. Finally, the Collinsville Renewable Energy Promotion Act sets a deadline for the FERC to: :(1) reach a final decision concerning the projects, and :(2) complete the license transfer if it decides to reinstate either or both licenses. The Collinsville Renewable Energy Promotion Act provides a variety of exemptions from provisions of the
Federal Power Act The Federal Power Act is a law appearing in Chapter 12 of Title 16 of the United States Code, entitled "Federal Regulation and Development of Power". Enacted as the Federal Water Power Act on June 10, 1920, and amended many times since, its origina ...
to the two projects listed in the bill.


Procedural history

The bill was introduced to the House by Rep. Elizabeth Esty (D-CT) on January 18, 2013. It was referred to the
United States House Committee on Energy and Commerce The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more tha ...
and the
United States House Energy Subcommittee on Energy and Power The Subcommittee on Energy and Power is a subcommittee within the United States House Committee on Energy and Commerce. It was formed during the 112th Congress The 112th United States Congress was a meeting of the legislative branch of the Unit ...
. The bill had no co-sponsors and was not amended while in the House of Representatives. On February 12, 2013, the bill was passed under a motion to suspend the rules with a
voice vote In parliamentary procedure, a voice vote (from the Latin ''viva voce'', meaning "live voice") or acclamation is a voting method in deliberative assemblies (such as legislatures) in which a group vote is taken on a topic or motion by responding vo ...
. This procedure typically indicates that a bill is broadly non-controversial. The bill was freshman Representative Esty's first bill in Congress. The bill was received by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on February 13, 2013 and then referred to the
United States Senate Committee on Energy and Natural Resources The United States Senate Committee on Energy and Natural Resources is a standing committee of the United States Senate. It has jurisdiction over matters related to energy and mineral resources, including nuclear development; irrigation and recl ...
. The Senate passed the bill by
unanimous consent In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house (or leave of the senate), is a situation in which no member present objects to a prop ...
on May 22, 2014 after making an amendment in the nature of a substitute. The House voted on June 23, 2014 to agree to the Senate's amendment of the bill. The vote was 379-3 i
Roll Call Vote 340
President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
signed the bill into law on June 30, 2014.


Public perception

The bill received very little attention from the national press. It was briefly covered in local media of Canton, Connecticut and the surrounding areas. One op-ed writer was strongly opposed to the bill, claiming that it was locally known as the "Collinsville White Elephant Act." The op-ed writer argued that rather than being a win-win situation, the new power plants would only serve to increase the electricity bills of local residents and provide additional revenue for the local government (potentially for them to misspend). He based this assessment on existing state electricity laws and problems associated with net metering.


See also

*
Federal Power Act The Federal Power Act is a law appearing in Chapter 12 of Title 16 of the United States Code, entitled "Federal Regulation and Development of Power". Enacted as the Federal Water Power Act on June 10, 1920, and amended many times since, its origina ...
* Net metering


Notes/References


External links


Library of Congress H.R. 316

beta.congress.gov H.R. 316

GovTrack.us H.R. 316

OpenCongress.org H.R. 316



Congressional Budget Office Report on H.R. 316

House Committee Report 113-7

Summit Hydropower

Low Impact Hydropower Institute
{{US government sources United States federal public land legislation United States federal energy legislation United States federal environmental legislation Acts of the 113th United States Congress Hydroelectricity in the United States Canton, Connecticut