Overview

Title

An Act To require the Federal Energy Regulatory Commission to extend the time period during which licensees are required to commence construction of certain hydropower projects.

ELI5 AI

S. 3373 is a law that lets a special group in charge of big water energy projects give more time to start building them if they got their permission before March 13, 2020. If the permission ran out between the end of 2023 and when the law starts, they can get the permission back too.

Summary AI

S. 3373 is a bill that allows the Federal Energy Regulatory Commission (FERC) to extend the time for starting construction on specific hydropower projects. These projects must have been licensed by the FERC before March 13, 2020. The bill provides for an extension of up to 4 additional years beyond the existing 8-year period. Additionally, if a project's license expired between December 31, 2023, and the enactment of this bill, FERC is permitted to reinstate the license and apply the extension.

Published

2024-12-18
Congress: 118
Session: 2
Chamber: SENATE
Status: Engrossed in Senate
Date: 2024-12-18
Package ID: BILLS-118s3373es

Bill Statistics

Size

Sections:
1
Words:
450
Pages:
4
Sentences:
8

Language

Nouns: 153
Verbs: 37
Adjectives: 15
Adverbs: 0
Numbers: 26
Entities: 32

Complexity

Average Token Length:
4.56
Average Sentence Length:
56.25
Token Entropy:
4.45
Readability (ARI):
31.91

AnalysisAI

General Summary of the Bill

The proposed bill, identified as S. 3373, seeks to provide an extension for the timeframe in which certain hydropower projects must begin construction. Specifically, it allows the Federal Energy Regulatory Commission (FERC) to grant an additional four-year delay to the commencement deadline for projects that already had an eight-year allowance under existing laws. The bill focuses on hydropower projects licensed before March 13, 2020, under section 13 of the Federal Power Act. Additionally, the bill gives FERC the ability to reinstate licenses that expired between the end of 2023 and the bill's enactment, providing further extension opportunities.

Summary of Significant Issues

There are notable issues concerning the bill's language and provisions. One key issue is the ambiguity in terms like "reasonable notice" and "for good cause shown," which may lead to varied interpretations and inconsistent implementation. This lack of clarity could affect the fairness and transparency of the licensing process.

Furthermore, the provision allowing the reinstatement of expired licenses may disadvantage other parties interested in these licenses, suggesting potential fairness concerns. The bill also lacks any mention of environmental or community impact assessments—a critical oversight given the environmental impact of hydropower projects. Lastly, the bill's interaction with provisions in the Federal Power Act might pose interpretational challenges for those not familiar with legal technicalities.

Impact on the Public

Broadly, the bill could affect energy production, environmental conservation, and regulatory fairness. By offering extensions, it encourages the completion of hydropower projects that might otherwise be abandoned, potentially contributing to increased renewable energy capacity. However, the omission of environmental assessments might result in insufficient consideration of ecological impacts, which could affect local communities and ecosystems.

From a regulatory perspective, the potential for inconsistent application of the bill's provisions could impact public confidence in fair governance. Clear guidelines and criteria for granting extensions would be necessary to ensure transparency and fairness.

Impact on Specific Stakeholders

For existing hydropower project licensees, the bill provides a beneficial opportunity to extend construction timelines, offering a chance to overcome technical, financial, or regulatory hurdles that might have delayed their projects. This is a positive outcome for stakeholders in renewable energy development.

Conversely, new entrants to the hydropower sector could face disadvantages if expired licenses are reinstated for previous holders, limiting opportunities for new projects and innovations. This could foster perceptions of preferential treatment and reduce competition.

Environmental and community stakeholders may have concerns about the potential lack of required impact assessments, which might otherwise provide vital data on the ecological and social effects of extending project timelines. The absence of such assessments could amplify risks to local environments and communities.

Overall, while the bill seeks to promote the continued development of hydropower infrastructure, it raises several important considerations that should be addressed to balance economic, environmental, and fair practice needs effectively.

Issues

  • The ambiguous language regarding the conditions under which the Federal Energy Regulatory Commission (FERC) may extend the time for construction, specifically the terms 'reasonable notice and for good cause shown,' might lead to inconsistent application and interpretations, potentially affecting fair practice (Section 1b).

  • The provision allowing FERC to reinstate expired licenses may raise fairness concerns for other entities or individuals interested in applying for new licenses for the same project, particularly given the specific timeframes related to license expiration (Section 1d).

  • There is an absence of discussions about potential environmental or community impact assessments when granting extensions or reinstating licenses, which is critical considering the environmental context of hydropower projects (Section 1).

  • The interplay between this bill and existing legislation, such as section 13 of the Federal Power Act, could create complexities for stakeholders not well-versed in legal matters, making it challenging to understand the implications without legal expertise (Sections 1b, 1c, and 1d).

  • The timeframe for extensions and reinstatements might inadvertently favor certain projects, particularly if only a narrow set of criteria apply, leading to potential bias or favoritism (Sections 1b and 1d).

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. Extension of time to commence construction of certain hydropower projects Read Opens in new tab

Summary AI

The section allows the Federal Energy Regulatory Commission to give an extra 4-year extension for starting construction on certain hydropower projects, in addition to the 8 years already allowed by law. If a project's license expired between the end of 2023 and the law's enactment date, the Commission can reinstate the license and apply the new extension.