Collapse to view only § 15881. Hydroelectric production incentives
- § 15881. Hydroelectric production incentives
- § 15882. Hydroelectric efficiency improvement incentives
- § 15883. Maintaining and enhancing hydroelectricity incentives
§ 15881. Hydroelectric production incentives
(a) Incentive payments
(b) DefinitionsFor purposes of this section:
(1) Qualified hydroelectric facilityThe term “qualified hydroelectric facility” means a turbine or other generating device owned or solely operated by a non-Federal entity—
(A) that generates hydroelectric energy for sale; and
(B)
(i) that is added to an existing dam or conduit; or
(ii)(I) that has a generating capacity of not more than 20 megawatts;(II) for which the non-Federal entity has received a construction authorization from the Federal Energy Regulatory Commission, if applicable; and(III) that is constructed in an area in which there is inadequate electric service, as determined by the Secretary, including by taking into consideration—(aa) access to the electric grid;(bb) the frequency of electric outages; or(cc) the affordability of electricity.
(2) Existing dam or conduit
(3) Conduit
The terms defined in this subsection shall apply without regard to the hydroelectric kilowatt capacity of the facility concerned, without regard to whether the facility uses a dam owned by a governmental or nongovernmental entity, and without regard to whether the facility begins operation on or after November 15, 2021.
(c) Eligibility window
(d) Incentive period
(e) Amount of payment
(1) In general
(2) Adjustments
(f) Sunset
(g) Authorization of appropriations
(Pub. L. 109–58, title II, § 242, Aug. 8, 2005, 119 Stat. 677; Pub. L. 116–260, div. Z, title III, § 3005(a), Dec. 27, 2020, 134 Stat. 2511; Pub. L. 117–58, div. D, title III, § 40331, Nov. 15, 2021, 135 Stat. 1022.)
§ 15882. Hydroelectric efficiency improvement incentives
(a) Incentive payments
(b) Limitations
(c) Authorization of appropriations
(Pub. L. 109–58, title II, § 243, Aug. 8, 2005, 119 Stat. 678; Pub. L. 116–260, div. Z, title III, § 3005(b), Dec. 27, 2020, 134 Stat. 2511; Pub. L. 117–58, div. D, title III, § 40332(a), Nov. 15, 2021, 135 Stat. 1023.)
§ 15883. Maintaining and enhancing hydroelectricity incentives
(a) Definition of qualified hydroelectric facilityIn this section, the term “qualified hydroelectric facility” means a hydroelectric project that—
(1)
(A) is licensed by the Federal Energy Regulatory Commission; or
(B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.);
(2) is placed into service before November 15, 2021; and
(3)
(A) is in compliance with all applicable Federal, Tribal, and State requirements; or
(B) would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section.
(b) Incentive paymentsThe Secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to—
(1) improving grid resiliency, including—
(A) adapting more quickly to changing grid conditions;
(B) providing ancillary services (including black start capabilities, voltage support, and spinning reserves);
(C) integrating other variable sources of electricity generation; and
(D) managing accumulated reservoir sediments;
(2) improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including—
(A) the maintenance or upgrade of spillways or other appurtenant structures;
(B) dam stability improvements, including erosion repair and enhanced seepage controls; and
(C) upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction; or
(3) environmental improvements, including—
(A) adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified hydroelectric facility;
(B) improving the quality of the water retained or released by a qualified hydroelectric facility;
(C) promoting downstream sediment transport processes and habitat maintenance; and
(D) improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity.
(c) Limitations
(1) Costs
(2) Maximum amount
(d) Authorization of appropriations
(Pub. L. 109–58, title II, § 247, as added Pub. L. 117–58, div. D, title III, § 40333(a), Nov. 15, 2021, 135 Stat. 1023.)