Amendment #5 to S2214

Small Hydro Permitting

Ms. Andrews of Orange moves to amend the bill by inserting at the end the following sections:-

SECTION XX.  Chapter 25A of the general laws, as so appearing in the 2012 Official Edition is hereby amended by striking out subsection 11F(c)(6) and inserting in place thereof the following subsection:

(6) energy generated by new hydroelectric facilities, or incremental new energy from increased capacity or efficiency improvements at existing hydroelectric facilities; provided however that (i) each such new facility or increased capacity or efficiency at each such existing facility must meet appropriate and site-specific standards that address adequate and healthy river flows, water quality standards, fish passage and protection measures and mitigation and enhancement opportunities in the impacted watershed as determined by the department in consultation with relevant state and federal agencies having oversight and jurisdiction over hydropower facilities (“Environmental Standards”); (ii) in any case in which: (a) pursuant to action initiated with or by the Federal Energy Regulatory Commission (FERC) after January 1, 2000, the FERC reviewed and approved an increase of capacity or efficiency at an existing facility, or (b) pursuant to action initiated with or by the Federal Energy Regulatory Commission (FERC) after January 1, 2009, the FERC reviewed and approved a new facility, then such increased capacity or efficiency at each such existing facility, or such new facility, shall be deemed, by the department, to have satisfied the Environmental Standards, defined above, and except as limited by the following sub-section (6)(iv), shall, upon application, be qualified as a Class I renewable energy generating source, without further review; (iii) all facilities, once qualified, either by meeting the terms of the immediately preceding sub-section (ii) or otherwise shall, remain qualified, so long as they annually certify that they have substantially met the operating conditions placed upon them by FERC; (iv) only energy from new facilities having a capacity of 30 megawatts or less, or energy attributable to improvements to an existing hydroelectric facility that incrementally increase capacity or efficiency by up to 30 megawatts shall qualify; and (v) no such facility shall involve pumped storage of water;

SECTION XY.  Said Chapter 25A is hereby amended by striking out subsection 11F(d)(6) and inserting in place thereof the following subsection:

(6) energy generated by existing hydroelectric facilities, provided that such existing facilities shall meet appropriate and site-specific standards that address adequate and healthy river flows, water quality standards, fish passage and protection measures and mitigation and enhancement opportunities in the impacted watershed as determined by the department in consultation with relevant state and federal agencies having oversight and jurisdiction over hydropower facilities (“Environmental Standards”); once the department has, by appropriate means, determined that an existing facility meets the Environmental Standards, such existing facility shall be qualified as a Class II renewable energy generating source; any facilities, once so qualified shall remain qualified so long as they annually certify, to the satisfaction of the department, that they have substantially met the operating conditions placed upon them by the FERC; and provided further, that only energy from existing facilities up to 7.5 megawatts shall be considered renewable energy and no such facility shall involve pumped storage of water nor construction of any new dam or water diversion structure constructed later than January 1, 1998;