RIVER Act

II Calendar No. 184 116TH CONGRESS 1ST SESSION S. 859 [Report No. 116–81] To amend the Energy Policy Act of 2005 to reauthorize hydroelectric produc- tion incentives and hydroelectric efficiency improvement incentives, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 25, 2019 Mr. GARDNER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources SEPTEMBER 10, 2019 Reported by Ms. MURKOWSKI, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Energy Policy Act of 2005 to reauthorize hydroelectric production incentives and hydroelectric effi- ciency improvement incentives, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S859.RS S859 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 859 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Reliable Investment 2 in Vital Energy Reauthorization Act’’ or the ‘‘RIVER 3 Act’’. 4 SEC. 2. HYDROELECTRIC PRODUCTION INCENTIVES AND 5 EFFICIENCY IMPROVEMENTS. 6 (a) HYDROELECTRIC PRODUCTION INCENTIVES.— 7 Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 8 15881) is amended— 9 (1) in subsection (c), by striking ‘‘10’’ and in- 10 serting ‘‘22’’; 11 (2) in subsection (e)(2), by striking ‘‘section 12 29(d)(2)(B)’’ and inserting ‘‘section 45K(d)(2)(B)’’; 13 (3) in subsection (f), by striking ‘‘20’’ and in- 14 serting ‘‘32’’; and 15 (4) in subsection (g), by striking ‘‘each of the 16 fiscal years 2006 through 2015’’ and inserting ‘‘each 17 of fiscal years 2019 through 2036’’. 18 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 19 Section 243(c) of the Energy Policy Act of 2005 (42 20 U.S.C. 15882(c)) is amended by striking ‘‘each of the fis- 21 cal years 2006 through 2015’’ and inserting ‘‘each of fis- 22 cal years 2019 through 2036’’. 23 SECTION 1. SHORT TITLE. 24 This Act may be cited as the ‘‘Reliable Investment in 25 Vital Energy Reauthorization Act’’ or the ‘‘RIVER Act’’. 26 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\S859.RS S859 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 859 RS SEC. 2. HYDROELECTRIC PRODUCTION INCENTIVES AND 1 EFFICIENCY IMPROVEMENTS. 2 (a) HYDROELECTRIC PRODUCTION INCENTIVES.—Sec- 3 tion 242 of the Energy Policy Act of 2005 (42 U.S.C. 4 15881) is amended— 5 (1) in subsection (b), by striking paragraph (1) 6 and inserting the following: 7 ‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.— 8 The term ‘qualified hydroelectric facility’ means a 9 turbine or other generating device owned or solely op- 10 erated by a non-Federal entity— 11 ‘‘(A) that generates hydroelectric energy for 12 sale; and 13 ‘‘(B)(i) that is added to an existing dam or 14 conduit; or 15 ‘‘(ii)(I) that has a generating capacity of 16 not more than 10 megawatts; 17 ‘‘(II) for which the non-Federal entity has 18 received a construction authorization from the 19 Federal Energy Regulatory Commission, if ap- 20 plicable; and 21 ‘‘(III) that is constructed in a region in 22 which there is inadequate electric service, as de- 23 termined by the Secretary.’’; 24 (2) in subsection (c), by striking ‘‘10’’ and in- 25 serting ‘‘22’’; 26 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\S859.RS S859 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 859 RS (3) in subsection (e)(2), by striking ‘‘section 1 29(d)(2)(B)’’ and inserting ‘‘section 45K(d)(2)(B)’’; 2 (4) in subsection (f), by striking ‘‘20’’ and in- 3 serting ‘‘32’’; and 4 (5) in subsection (g), by striking ‘‘each of the fis- 5 cal years 2006 through 2015’’ and inserting ‘‘each of 6 fiscal years 2019 through 2036’’. 7 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 8 Section 243(c) of the Energy Policy Act of 2005 (42 U.S.C. 9 15882(c)) is amended by striking ‘‘each of the fiscal years 10 2006 through 2015’’ and inserting ‘‘each of fiscal years 11 2019 through 2036’’. 12 VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S859.RS S859 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S859.RS S859 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 184 116TH CONGRESS 1ST SESSION S. 859 [Report No. 116–81] A BILL To amend the Energy Policy Act of 2005 to reau- thorize hydroelectric production incentives and hydroelectric efficiency improvement incentives, and for other purposes. SEPTEMBER 10, 2019 Reported with an amendment VerDate Sep 11 2014 22:08 Sep 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S859.RS S859 pamtmann on DSKBC07HB2PROD with BILLS