S 499
112th CONGRESS
1st Session
S. 499
To authorize the Secretary of the Interior to facilitate the
development of hydroelectric power on the Diamond Fork System of the
Central Utah Project.
IN THE SENATE OF THE UNITED STATES
March 7, 2011
Mr. HATCH introduced the following bill; which was read twice and referred
to the Committee on Energy and Natural Resources
A BILL
To authorize the Secretary of the Interior to facilitate the
development of hydroelectric power on the Diamond Fork System of the
Central Utah Project.
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 `Bonneville Unit Clean Hydropower Facilitation
Act'.
SEC. 2. DIAMOND FORK SYSTEM DEFINED.
For the purposes of this Act, the term `Diamond Fork System' means the
facilities described in chapter 4 of the October 2004 Supplement to
the 1988 Definite Plan Report for the Bonneville Unit.
SEC. 3. COST ALLOCATIONS.
Notwithstanding any other provision of law, in order to facilitate hydropower
development on the Diamond Fork System, the amount of reimbursable costs
allocated to project power in Chapter 6 of the Power Appendix in the
October 2004 Supplement to the 1988 Bonneville Unit Definite Plan Report,
with regard to power development within the Diamond Fork System, shall
be considered final costs as well as costs in excess of the total maximum
repayment obligation as defined in section 211 of the Central Utah Project
Completion Act of 1992 (Public Law 102-575), and shall be subject to
the same terms and conditions.
SEC. 4. NO PURCHASE OR MARKET OBLIGATION; NO COSTS ASSIGNED TO POWER.
Nothing in this Act shall obligate the Western Area Power Administration
to purchase or market any of the power produced by the Diamond Fork
power plant and none of the costs associated with development of transmission
facilities to transmit power from the Diamond Fork power plant shall
be assigned to power for the purpose of Colorado River Storage Project
ratemaking.
SEC. 5. PROHIBITION ON TAX-EXEMPT FINANCING.
No facility for the generation or transmission of hydroelectric power
on the Diamond Fork System may be financed or refinanced, in whole or
in part, with proceeds of any obligation--
(1) the interest on which is exempt from the tax imposed under chapter
1 of the Internal Revenue Code of 1986, or
(2) with respect to which credit is allowable under subpart I or J
of part IV of subchapter A of chapter 1 of such Code.
SEC. 6. REPORTING REQUIREMENT.
If, 24 months after the date of the enactment of this Act, hydropower
production on the Diamond Fork System has not commenced, the Secretary
of the Interior shall submit a report to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate stating this fact, the reasons such production
has not yet commenced, and a detailed timeline for future hydropower
production.
SEC. 7. PAYGO.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference
to the latest statement titled `Budgetary Effects of PAYGO Legislation'
for this Act, submitted for printing in the Congressional Record by
the Chairman of the House Budget Committee, provided that such statement
has been submitted prior to the vote on passage.
SEC. 8. LIMITATION ON THE USE OF FUNDS.
The authority under the provisions of section 301 of the Hoover Power
Plant Act of 1984 (Public Law 98-381; 42 U.S.C. 16421a) shall not be
used to fund any study or construction of transmission facilities developed
as a result of this Act.
END
