[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8935 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8935

     To improve dam and hydropower safety, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2020

 Mrs. Dingell (for herself and Mr. Moolenaar) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To improve dam and hydropower safety, 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 ``National Dam and Hydropower Safety 
Improvements Act of 2020''.

SEC. 2. FERC BRIEFING ON EDENVILLE DAM AND SANFORD DAM FAILURES.

    Not later than 90 days after the date on which the Forensic 
Investigation Team submits to the Federal Energy Regulatory Commission 
the report on the root causes, and any other contributing causes, of 
the Edenville Dam and Sanford Dam failures, the Federal Energy 
Regulatory Commission shall conduct a briefing for, and submit a report 
summarizing such briefing to, the Committee on Energy and Commerce of 
the House of Representatives that includes--
            (1) an explanation of the findings of the Forensic 
        Investigation Team report on the root causes, and any other 
        contributing causes, of the Edenville Dam and Sanford Dam 
        failures;
            (2) a determination of whether the dam safety procedures 
        established by the Federal Energy Regulatory Commission should 
        be revised in light of the lessons learned from such report;
            (3) a determination of whether additional safety 
        inspections of dams should be required after large storms;
            (4) a determination of whether the safety requirements and 
        testing protocols for dams adequately account for the projected 
        effects of future extreme weather events on the hydrology of 
        river basins and dams; and
            (5) a determination of whether additional actions should be 
        taken to ensure the safety of dams that operate without an 
        emergency spillway.

SEC. 3. DAM SAFETY CONDITIONS.

    Section 10 of the Federal Power Act (16 U.S.C. 803) is amended by 
adding at the end the following:
    ``(k) That the dam and other project works meet the Commission's 
dam safety requirements and that the licensee shall continue to manage, 
operate, and maintain the dam and other project works in a manner that 
ensures dam safety and public safety under the operating conditions of 
the license.''.

SEC. 4. DAM SAFETY REQUIREMENTS.

    Section 15 of the Federal Power Act (16 U.S.C. 808) is amended by 
adding at the end the following:
    ``(g) The Commission may issue a new license under this section 
only if the Commission determines that the dam and other project works 
covered by the license meet the Commission's dam safety requirements 
and that the licensee can continue to manage, operate, and maintain the 
dam and other project works in a manner that ensures dam safety and 
public safety under the operating conditions of the new license.''.

SEC. 5. VIABILITY PROCEDURES.

    The Federal Energy Regulatory Commission shall establish procedures 
to assess the financial viability of an applicant for a license under 
the Federal Power Act (16 U.S.C. 791a et seq.) to--
            (1) meet applicable dam safety requirements; and
            (2) operate the dam and project works under the license.

SEC. 6. FERC DAM SAFETY TECHNICAL CONFERENCE WITH STATES.

    (a) Technical Conference.--Not later than April 1, 2021, the 
Federal Energy Regulatory Commission, acting through the Director of 
the Office of Energy Projects, shall hold a technical conference with 
the States to discuss and provide information on--
            (1) dam maintenance and repair;
            (2) Risk Informed Decision Making;
            (3) climate and hydrological regional changes that may 
        affect the structural integrity of dams; and
            (4) high hazard dams.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 2021.
    (c) State Defined.--In this section, the term ``State'' has the 
meaning given such term in section 3 of the Federal Power Act (16 
U.S.C. 796).

SEC. 7. REQUIRED DAM SAFETY COMMUNICATIONS BETWEEN FERC AND STATES.

    (a) In General.--The Commission, acting through the Director of the 
Office of Energy Projects, shall notify each State within which a 
project is located when--
            (1) the Commission issues a finding, following a dam safety 
        inspection, that requires the licensee for such project to take 
        actions to repair the dam and other project works that are the 
        subject of such finding;
            (2) after a period of 5 years starting on the date a 
        finding under paragraph (1) is issued, the licensee has failed 
        to take actions to repair the dam and other project works; and
            (3) the Commission initiates a non-compliance proceeding or 
        otherwise takes steps to revoke a license due to the failure of 
        a licensee to take actions to repair a dam and other project 
        works.
    (b) Notice Upon Revocation, Surrender, or Implied Surrender of a 
License.--If the Commission issues an order to revoke a license or 
approve the surrender or implied surrender of a license under the 
Federal Power Act (16 U.S.C. 792 et seq.), the Commission shall provide 
to the State within which the project that relates to such license is 
located--
            (1) all records pertaining to the structure and operation 
        of the applicable dam and other project works, including, as 
        applicable, any dam safety inspection reports by independent 
        consultants, specifications for required repairs or maintenance 
        of such dam and other project works that have not been 
        completed, and estimates of the costs for such repairs or 
        maintenance;
            (2) all records documenting the history of maintenance or 
        repair work for the applicable dam and other project works;
            (3) information on the age of the dam and other project 
        works and the hazard classification of the dam and other 
        project works;
            (4) the most recent assessment of the condition of the dam 
        and other project works by the Commission;
            (5) as applicable, the most recent hydrologic information 
        used to determine the potential maximum flood for the dam and 
        other project works; and
            (6) the results of the most recent risk assessment 
        completed on the dam and other project works.
    (c) Definition.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Licensee.--The term ``licensee'' has the meaning given 
        such term in section 3 of the Federal Power Act (16 U.S.C. 
        796).
            (3) Project.--The term ``project'' has the meaning given 
        such term in section 3 of the Federal Power Act (16 U.S.C. 
        796).
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