The POWER Act would restrict efforts to breach federally operated dams and tighten rules around retiring hydropower generation. Specifically, it prohibits breaching a federal dam if doing so would raise carbon emissions by more than 5%, reduce navigability of the waterway for commercial traffic, or raise the price of products shipped on that waterway by 5% or more; it also prohibits breaching if replacing the dam’s energy with another resource would require land area at least 5% larger than the dam itself. The bill requires cross-agency and state consultations and a land-area study if breaching is even considered. Separately, the act would block retirement of federally operated hydropower unless it would not increase electricity prices by more than 5% and would not reduce regional (Bonneville Power Administration) energy reliability by more than 5%. If a dam’s baseload generation is retired, the bill requires immediate replacement of that baseload capacity (within 30 days) to restore 100% of the retired generation. It also provides definitions clarifying what counts as baseload generation and which federal entities are responsible for dams.
Key Points
- 1Prohibits breaching federally operated dams if the breach would increase carbon emissions >5%, reduce navigability for commercial use, or raise prices of waterway-shipped products by ≥5%; also prohibits breach if replacement energy would require ≥5% more land than the dam.
- 2Requires consulting with the Secretary of Energy, Secretary of Transportation, Secretary of Agriculture, Secretary of Commerce, and relevant state agencies before making breach determinations.
- 3Requires a land-area study of the dam’s footprint if the Secretary is considering breaching.
- 4Prohibits retirement of hydropower generation from federally operated dams if retirement would raise electricity rates by >5% or reduce regional energy reliability (BPA region) by >5%.
- 5Mandates replacement of baseload generation within 30 days after retirement, ensuring 100% of the retiring dam’s baseload capacity is replaced.