[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1972 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1972

 To amend the Federal Power Act to modify a provision relating to the 
         siting of interstate electric transmission facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

  Mr. Schumer (for himself and Mrs. Clinton) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Power Act to modify a provision relating to the 
         siting of interstate electric transmission facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.

    Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``subsection (i)'' and inserting ``subsection 
                (h)''; and
                    (B) in paragraph (1)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) a State commission or other State entity that 
                has authority to approve the siting of facilities has 
                approved the siting of a proposed facility; or
                    ``(D) a State commission or other State entity that 
                has authority to approve the siting of facilities has 
                unreasonably withheld a determination, or delayed 
                making a determination, regarding the siting of a 
                proposed facility for a period of not less than 2 years 
                after the date on which the applicable permit 
                application was filed;'';
            (2) by striking subsections (e) and (f);
            (3) by redesignating subsections (c), (d), (g), (h), (i), 
        (j), and (k) as subsections (d), (e), (f), (g), (h), (i), and 
        (j), respectively;
            (4) by inserting after subsection (b) the following:
    ``(c) Effect of State Action.--The Commission shall not issue a 
permit under this section if a State commission or other State entity 
has denied an application for a permit for the same project submitted 
to the State commission or other entity during the 2-year period 
beginning on the date on which the permit application is submitted to 
the State commission or other entity.''; and
            (5) in subsection (i)(2) (as redesignated by paragraph 
        (3)), by striking ``Subsection (h)(6)'' and inserting 
        ``Subsection (g)(6)''.
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