Overview

Title

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

ELI5 AI

The H.R. 9893 bill wants to make sure dams and places that make electricity from water are safe by checking more carefully if they are built well and if the people running them have enough money to fix any problems. It also makes sure the people in charge talk to states about any safety issues they find.

Summary AI

The H.R. 9893, titled the "National Dam and Hydropower Safety Improvements Act of 2024," aims to enhance the safety of dams and hydropower facilities in the United States. It amends sections of the Federal Power Act to enforce stricter dam safety and public safety standards and requires licensees to comply with these requirements. The bill also mandates the Federal Energy Regulatory Commission (FERC) to check the financial capability of applicants seeking licenses and to conduct technical conferences with states on dam safety issues. Additionally, FERC must communicate with states about dam safety findings, required repairs, and any license revocations or non-compliance proceedings.

Published

2024-10-01
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-10-01
Package ID: BILLS-118hr9893ih

Bill Statistics

Size

Sections:
6
Words:
1,071
Pages:
6
Sentences:
28

Language

Nouns: 349
Verbs: 84
Adjectives: 56
Adverbs: 7
Numbers: 50
Entities: 62

Complexity

Average Token Length:
4.13
Average Sentence Length:
38.25
Token Entropy:
4.77
Readability (ARI):
20.70

AnalysisAI

General Summary of the Bill

The "National Dam and Hydropower Safety Improvements Act of 2024" aims to enhance the safety protocols for dams and associated hydropower operations across the United States. Introduced in the House of Representatives, the bill proposes several amendments to the Federal Power Act, focusing on regulatory improvements in dam safety standards and procedures enforced by the Federal Energy Regulatory Commission (FERC). The primary goals are to ensure that dams meet stringent safety requirements and that operators manage them responsibly to protect public safety.

Summary of Significant Issues

One of the notable issues with the bill is the lack of clearly defined criteria and procedures for determining whether a dam meets safety requirements, as outlined in Section 3. This absence of specificity could lead to inconsistent safety standards, which might pose risks to public safety. Furthermore, in Section 4, the bill does not establish criteria for assessing the financial viability of license applicants, potentially leading to favoritism and varied evaluations.

Another critical concern is the absence of specific timelines for addressing noncompliance with dam safety requirements, which could delay necessary improvements and pose threats to the environment and nearby communities. Additionally, Section 6's criteria for non-compliance actions and license revocation lack clarity, risking inconsistent enforcement and oversight issues.

The bill also introduces a technical conference with States, as mandated in Section 5. However, it fails to specify the objectives or expected outcomes, possibly leading to uncertainty regarding its purpose and effectiveness.

Impact on the Public

The bill addresses important safety concerns related to dams, potentially improving public safety and environmental protection by ensuring stronger oversight and compliance with safety standards. By establishing procedures for assessing the financial stability of operators, the bill could prevent financially unstable entities from managing critical infrastructure.

However, the absence of detailed criteria and procedures in various sections could lead to vagueness in implementation. This ambiguity may result in inconsistent enforcement, potentially compromising the safety and reliability of dams. The lack of clear communication and consultation processes might also result in inefficiencies in managing dam safety at state levels.

Impact on Specific Stakeholders

Operators and License Applicants: Dam and hydropower operators might face increased scrutiny and regulatory pressures due to the stricter safety standards and financial assessments. While this could ensure only capable and responsible entities manage dams, it could also increase operational costs and compliance burdens.

States: State governments may benefit from improved collaboration with FERC on dam safety. However, inadequate communication protocols and unclear roles in revocation proceedings might lead to administrative challenges and mismanagement.

Environmental and Safety Advocates: These groups could view the bill as a positive step towards enhanced safety and environmental stewardship. Yet, they may have concerns about the bill's effectiveness due to the ambiguities mentioned earlier.

The General Public: While the general public might benefit from improved safety protocols, these benefits are contingent on the bill's effective implementation. Any delays or inconsistencies in enforcing the new rules could potentially put surrounding communities at risk.

In conclusion, the "National Dam and Hydropower Safety Improvements Act of 2024" seeks to provide much-needed enhancements to dam safety procedures. Yet, addressing the current ambiguities and establishing clear guidelines will be crucial to ensuring the bill successfully safeguards public safety and environmental integrity.

Issues

  • The criteria and procedures for determining whether a dam meets the Commission's dam safety requirements are not specified in Section 3. This could lead to ambiguity in implementation and impact public safety due to inconsistent dam safety standards.

  • Section 4 lacks defined criteria or benchmarks for assessing financial viability of applicants for dam licenses, potentially leading to inconsistent evaluations and favoritism, which can have significant financial and operational impacts on dam safety.

  • The absence of a specific timeline for resolving noncompliance with dam safety requirements in Section 3 may result in delays in implementing necessary safety improvements, posing a risk to public safety and the environment.

  • Section 6 does not provide adequately defined criteria for when a licensee is deemed non-compliant or when a license revocation process is initiated. This lack of clarity could result in inconsistent enforcement and weaken regulatory oversight.

  • Section 6 also lacks a clear process for communication and consultation between the Federal Energy Regulatory Commission (FERC) and the States following a license's revocation or surrender. This could lead to inefficiencies and miscommunications that may affect the management of dam safety.

  • The undefined term 'implied surrender' in Section 6 generates potential ambiguity and legal challenges, leading to possible disputes and unanticipated legal costs.

  • Section 5 mandates a technical conference without specific objectives or expected outcomes, leading to uncertainty about its purpose and the utility of the conference in enhancing dam safety.

  • Section 3 does not clarify who is responsible for creating and approving plans to resolve noncompliance. This could lead to accountability issues and delays in implementing safety measures.

  • Section 6 does not specify any follow-up or monitoring processes after State notification, which could lead to a lack of accountability and oversight in ensuring dam safety compliance.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

This section states the official title of the legislation, which is the “National Dam and Hydropower Safety Improvements Act of 2024”.

2. Dam safety conditions Read Opens in new tab

Summary AI

The amendment to Section 10 of the Federal Power Act requires that dams and related project structures must comply with the Commission’s safety standards, and mandates the license holder to manage, operate, and maintain them in a way that ensures both dam and public safety under the license's operating conditions.

3. Dam safety requirements Read Opens in new tab

Summary AI

The amendment to the Federal Power Act allows the Commission to issue a new dam license if it certifies that the dam meets safety standards and can be safely managed, or if the new license includes a plan to fix any safety issues.

4. Viability procedures Read Opens in new tab

Summary AI

The Federal Energy Regulatory Commission is required to create procedures to evaluate if an applicant seeking a license under the Federal Power Act can financially handle the necessary dam safety requirements and the operation of the dam and related project works.

5. FERC dam safety technical conference with States Read Opens in new tab

Summary AI

The section mandates that by October 1, 2025, the Federal Energy Regulatory Commission must organize a conference with state officials to discuss dam safety topics, including maintenance, decision-making about risks, effects of climate change on dam structures, and issues related to high hazard dams. The term "State" is defined according to the Federal Power Act.

6. Required dam safety communications between FERC and States Read Opens in new tab

Summary AI

The section requires the Federal Energy Regulatory Commission (FERC) to communicate with the states regarding dam safety. It mandates notification to states when dam repairs are needed, when repairs are delayed, and when a license is at risk of revocation. Additionally, if a license is revoked or surrendered, FERC must share detailed information about the dam's condition and history with the state.