118 HR 6747 IH: Clean Electricity and Transmission Acceleration Act of 2023
U.S. House of Representatives
2023-12-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 6747
IN THE HOUSE OF REPRESENTATIVES
December 13, 2023
Mr. Casten (for himself, Mr. Levin, Mr. Grijalva, Ms. Castor of Florida, Ms. Lee of Nevada, Mr. Quigley, Mr. Tonko, Ms. Matsui, Mr. Beyer, Mr. Cartwright, Ms. Pingree, Ms. Porter, Mr. Connolly, Ms. Jayapal, Ms. Kuster, Ms. Barragán, Mr. Blumenauer, Ms. Bonamici, Ms. Brownley, Ms. Budzinski, Mr. Carbajal, Mr. Carter of Louisiana, Mr. Cleaver, Mr. Cohen, Ms. Crockett, Mr. Crow, Mr. DeSaulnier, Mrs. Dingell, Ms. Escobar, Ms. Eshoo, Mr. Foster, Mrs. Foushee, Mr. Goldman of New York, Mr. Gomez, Mr. Huffman, Mr. Jackson of Illinois, Ms. Jacobs, Ms. Kamlager-Dove, Mr. Khanna, Mr. Kim of New Jersey, Mr. Krishnamoorthi, Mr. Larsen of Washington, Mr. Lieu, Ms. Lofgren, Ms. McClellan, Mr. McGarvey, Mr. McGovern, Mr. Mullin, Mr. Nadler, Mr. Neguse, Ms. Norton, Ms. Ocasio-Cortez, Ms. Pettersen, Mr. Raskin, Ms. Ross, Ms. Salinas, Ms. Sánchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schneider, Mr. Scott of Virginia, Mr. Smith of Washington, Mr. Sorensen, Ms. Spanberger, Ms. Stansbury, Ms. Stevens, Mr. Takano, Ms. Tokuda, Mrs. Trahan, Mr. Trone, Mr. Vargas, Ms. Wexton, Ms. Wild, and Ms. Williams of Georgia) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To speed up the deployment of electricity transmission and clean energy, with proper input from affected communities, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Clean Electricity and Transmission Acceleration Act of 2023”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Improvement of National Electricity Transmission Capacity
Sec. 101. Definitions.
Sec. 102. Improvement of interregional electric transmission planning.
Sec. 103. Allocation of costs of interregional electric transmission facilities.
Sec. 104. Allocation of costs of electricity interconnection and network upgrades.
Sec. 105. Deployment of grid enhancing assets.
Sec. 106. Protection of electricity reliability through improved interregional transfer capability.
Sec. 107. Increased FERC transmission siting authority.
Sec. 108. Facilitation of efficient environmental review of the designation of national interest electric transmission corridors.
Sec. 109. Increased flexibility for Federal transmission financing.
Sec. 110. Establishment of transmission investment tax credit.
Title II—Improvement of Governance and Efficiency of the Grid
Sec. 201. Authorization to establish FERC Office of Electricity Transmission.
Sec. 202. Support for FERC Staffing.
Sec. 203. Evaluation of FERC fee assessments.
Sec. 204. Establishment of independent transmission monitors.
Sec. 205. Assurance of interoperability of offshore electric transmission infrastructure.
Sec. 206. Aggregator bidding into organized wholesale electric markets.
Sec. 207. Expansion of community solar.
Sec. 208. Establishment of program to facilitate voluntary streamlined process for local permitting of qualifying distributed energy systems.
Sec. 209. Mitigation of the shortage of electricity transformers.
Sec. 210. Study of next generation highways.
Title III—Modernization of Electricity Ratemaking
Sec. 301. Reflection of the cost of greenhouse gas emissions in rates.
Sec. 302. Facilitation of performance-based ratemaking.
Title IV—Facilitation of Clean Energy Deployment on Public Land
Sec. 401. Definitions.
Sec. 402. Establishment of national goal for renewable energy production on Federal land.
Sec. 403. Requirement for land use planning and updates to programmatic environmental impact statements.
Sec. 404. Limited exemptions from new requirements.
Sec. 405. Distribution of revenues.
Sec. 406. Incentives for renewable energy development in priority areas.
Sec. 407. Savings clause.
Title V—Modernization of Offshore Renewable Energy Permitting
Sec. 501. Establishment of national offshore wind permitting target.
Sec. 502. Increased responsible development of offshore renewable energy projects.
Sec. 503. Establishment of Offshore Renewable Energy Compensation Fund.
Title VI—Empowerment of Communities
Sec. 601. Establishment of Office of Environmental Justice and External Civil Rights.
Sec. 602. Establishment of White House Environmental Justice Interagency Council.
Sec. 603. Prohibition on disparate impact discrimination.
Sec. 604. Provision for right of action.
Sec. 605. Provision for rights of recovery.
Sec. 606. Requirement for community impact reports.
Sec. 607. Engagement with environmental justice communities and Indian Tribes in NEPA Reviews.
Sec. 608. Requirement of notices of intent to prepare environmental documents.
Sec. 609. Avoidance of cumulative impacts through NEPA.
Sec. 610. Inclusion of greenhouse gas projections in NEPA reviews.
Sec. 611. Establishment of community benefits agreements.
Sec. 612. Requirement of timely public release of NEPA documentation.
Sec. 613. Establishment of grants for capacity building and community engagement.
Sec. 614. Establishment of fees for environmental reviews and authorizations for projects.
Sec. 615. Establishment of interagency environmental data system.
Sec. 616. Transference of unobligated balances for use under the Endangered Species Act.
Sec. 617. Designation of senior community engagement officers and Tribal community engagement officers.
Sec. 618. Establishment of FERC Environmental Justice Liaison.
Sec. 619. Requirement for intervenor funding at FERC Office of Public Participation.
Sec. 620. Reform of RTO and ISO governance and participation.
Sec. 621. Savings clause.
Sec. 622. Definitions.
I

Improvement of National Electricity Transmission Capacity
101.

Definitions
Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by adding at the end the following:
“(30)

Energy storage project
The term energy storage project means equipment that receives, stores, and delivers energy using batteries, compressed air, pumped hydropower, hydrogen storage (including hydrolysis), thermal energy storage, regenerative fuel cells, flywheels, capacitors, superconducting magnets, or other technologies identified by the Secretary of Energy.
(31)

Generating facility
The term generating facility means any facility that generates electricity.
(32)

Generator tie line
The term generator tie line means a dedicated transmission line that is used to transmit power from a generating facility or an energy storage project to a transmission facility or a transmission system.
(33)

Greenhouse gas
The term greenhouse gas includes each of the following:
(A)
Carbon dioxide.
(B)
Methane.
(C)
Nitrous oxide.
(D)
Sulfur hexafluoride.
(E)
Any hydrofluorocarbon.
(F)
Any perfluorocarbon.
(G)
Nitrogen trifluoride.
(H)
Any fully fluorinated linear, branched, or cyclic—
(i)
alkane;
(ii)
ether;
(iii)
tertiary amine; or
(iv)
aminoether.
(I)
Any perfluoropolyether.
(J)
Any hydrofluoropolyether.
(K)
Any other fluorocarbon, except for a fluorocarbon with a vapor pressure of less than 1 mm of Hg absolute at 25 degrees Celsius.
(34)

Grid enhancing asset
The term grid enhancing asset—
(A)
means a resource, technology, or procedure that, when utilized—
(i)
increases the capacity, efficiency, or reliable operation of a transmission system; or
(ii)
defers or eliminates the need for a new transmission facility;
(B)
may include—
(i)
distributed electricity generation resources;
(ii)
power flow control and transmission switching equipment;
(iii)
an energy storage project;
(iv)
topology optimization technology;
(v)
dynamic line rating technology;
(vi)
advanced transmission technologies, such as composite reinforced aluminum conductors or high temperature superconductors;
(vii)
technologies or procedures that increase the flexibility of the demand for electricity;
(viii)
other resources, technologies, or procedures that increase energy efficiency, capacity, or reliability; and
(ix)
a combination of the resources, technologies, or procedures described in clauses (i) through (viii); and
(C)
does not include a facility for—
(i)
the transmission of electricity; or
(ii)
the generation of electricity.
(35)

Interconnection customer
The term interconnection customer means an entity, or any affiliates or subsidiaries of an entity, that proposes to interconnect a generating facility or an energy storage project to a transmission facility or transmission system.
(36)

Transmission benefits
The term transmission benefits means the broad range of economic, operational, safety, resilience, public policy, and environmental benefits (as assessed by the Commission in accordance with section 224(e)) and other reasonably anticipated benefits of constructing, modifying, or operating a transmission facility, including—
(A)
improved reliability;
(B)
improved resilience;
(C)
improved safety;
(D)
reduced congestion;
(E)
reduced power losses;
(F)
greater carrying capacity;
(G)
reduced operating reserve requirements;
(H)
improved access to lower-cost electricity generation;
(I)
improved access to electricity generating facilities with no direct emissions of greenhouse gases;
(J)
improved public health from the closure of electricity generation facilities that emit harmful pollution;
(K)
increased competition and market liquidity in electricity markets;
(L)
improved energy resilience and resilience of Department of Defense installations; and
(M)
other potential benefits of increasing the interconnectedness of the electric grid.
(37)

Network upgrade
The term network upgrade means—
(A)
any addition to or expansion of any transmission facility or transmission system;
(B)
the construction of a new transmission facility that will become part of a transmission system;
(C)
the addition of an energy storage project to a transmission facility or a transmission system; or
(D)
any construction, deployment, or addition of a grid enhancing asset to a transmission facility or a transmission system that eliminates or reduces the need to carry out any of the activities described in subparagraphs (A) through (C).
(38)

Participant funding
The term participant funding means any cost allocation method under which an interconnection customer is required to pay, without reimbursement, all or a disproportionate amount of the costs of a network upgrade that is determined by the Commission to be necessary to ensure the reliable interconnection of the interconnection customer’s generating facility or energy storage project.
(39)

Transmission planning region
The term transmission planning region means a region for which electric transmission planning is appropriate, as determined by the Commission, including a region approved by the Commission to meet the requirements of the final rule titled “Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities” published in the Federal Register on October 4, 2012 (77 Fed. Reg. 60689).
(40)

Transmission system
For purposes of sections 224, 226, 227, and 229, the term transmission system means a network of transmission facilities used for the transmission of electric energy in interstate commerce.”.
102.

Improvement of interregional electric transmission planning
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following:
“224.

Improving interregional electric transmission planning
(a)

In general
Not later than 18 months after the date of enactment of this section, the Commission shall issue regulations requiring each Transmission Organization to, not later than 3 years after the date of enactment of this section and at least every 3 years thereafter, file with the Commission a plan that identifies, and to facilitate the construction of, interregional electric transmission projects that are efficient, cost-effective, and broadly beneficial.
(b)

Considerations
In determining the requirements for a plan described in subsection (a), the Commission shall take into consideration—
(1)
the need for the transmission systems to operate for a minimum of 20 years and across a wide range of scenarios, including scenarios that take into account—
(A)
Federal, State, and local laws and regulations, and other factors that affect electricity demand and the current and future generation resource mix;
(B)
trends in technology and fuel costs;
(C)
the retirement of generation facilities, energy storage projects, and transmission facilities;
(D)
generator interconnection requests and withdrawals; and
(E)
extreme weather events;
(2)
the public interest;
(3)
the integrity of electricity markets;
(4)
the protection of consumers;
(5)
the need to optimize transmission benefits;
(6)
the need for an individual interregional transmission project to secure approvals based on a comprehensive assessment of the multiple benefits provided;
(7)
the importance of synchronization of planning processes in neighboring regions, such as using a joint model on a consistent timeline with a single set of needs, input assumptions, and benefit metrics;
(8)
the need for an individual interregional transmission project that is identified under a Transmission Organization’s plan filed under this section not to be subject to any subsequent planning process by another Transmission Organization;
(9)
that evaluation of long-term scenarios should align with the expected life of an element of a transmission system;
(10)
that a Transmission Organization should allow for the identification and joint evaluation of alternatives proposed by stakeholders;
(11)
the need to eliminate arbitrary project voltage, size, or cost requirements for transmission projects;
(12)
the applicability of grid enhancing assets; and
(13)
data and analyses provided by the Secretary of Energy, including as provided by the National Laboratories, regarding any of the items described in paragraphs (1) through (12).
(c)

Commission approval
The Commission shall approve or deny a plan filed under this section based on whether it meets the requirements under the regulations issued under subsection (a).
(d)

Report
Not later than 12 months after the issuance of regulations under subsection (a) and annually thereafter, the Commission shall publish in the Federal Register a report on the progress by each Transmission Organization in identifying and facilitating the construction of interregional electric transmission projects, including a description of the transmission benefits associated with such projects.
(e)

Environmental benefits
In assessing the reduction in greenhouse gas emissions and other environmental benefits associated with any activity undertaken pursuant to this Act, the Commission may use any relevant analysis or other information conducted or provided by the Council on Environmental Quality and the Environmental Protection Agency.” .
103.

Allocation of costs of interregional electric transmission facilities
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further amended by adding at the end the following:
“225.

Allocation of costs of transmission facilities of national significance
(a)

Allocation of costs
(1)

In general
Any transmitting utility that owns, controls, or operates a transmission facility of national significance, or proposes to own, control, or operate a transmission facility of national significance, may file a tariff with the Commission in accordance with section 205 allocating the costs of constructing, modifying, and operating such transmission facility of national significance in accordance with paragraph (2).
(2)

Cost allocation principle
The Commission shall require that any tariff described in paragraph (1) allocate the cost to construct, modify, and operate a transmission facility of national significance to customers within the applicable transmission planning region or regions in a manner that is roughly commensurate with the reasonably anticipated transmission benefits.
(b)

Definition of transmission facility of national significance
In this section, the term transmission facility of national significance means—
(1)
an interstate electric power transmission line (and any facilities necessary for the operation of such electric power transmission line)—
(A)
that has a transmission capacity of not less than 1,000 megawatts; and
(B)
the construction of which is completed on or after the date of enactment of this section;
(2)
an electric power transmission line (and any facilities necessary for the operation of such electric power transmission line) that is located offshore, the construction of which is completed on or after the date of enactment of this section; or
(3)
an expansion of, or upgrade to, an interstate electric power transmission line (and any facilities necessary for the operation of such electric power transmission line) that—
(A)
increases the transmission capacity of such electric power transmission line by at least 500 megawatts; and
(B)
the construction of which is completed on or after the date of enactment of this section.
(c)

Savings provision
This section does not affect the authority of the Commission to approve the allocation of costs of transmission facilities other than transmission facilities of national significance.”.
104.

Allocation of costs of electricity interconnection and network upgrades
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further amended by adding at the end the following:
“226.

Allocation of costs of electricity interconnection and network upgrades
(a)

In general
Not later than 18 months after the date of enactment of this section, the Commission shall issue regulations, under section 206, that prohibit the use of exclusive or disproportionate participant funding in allocating the costs of a network upgrade.
(b)

Requirements
In prohibiting the use of exclusive or disproportionate participant funding under the regulations issued under subsection (a), the Commission shall, except as provided in subsection (c), require that each transmitting utility—
(1)
shall not allocate the costs of a network upgrade solely or disproportionately to the requesting interconnection customer; and
(2)
shall allocate the costs of a network upgrade in a manner that is roughly commensurate with reasonably anticipated transmission benefits.
(c)

Exceptions
(1)

Generator tie lines
A transmitting utility may require an interconnection customer to pay for the costs to construct or modify any generator tie lines that will be used to transmit power from the interconnection customer’s generating facility or energy storage project, as applicable, to the transmission facility or the transmission system.
(2)

Voluntary payment
(A)

In general
An interconnection customer may pay upfront some or all of the costs of a network upgrade at the transmission facility or transmission system to which the interconnection customer plans to interconnect its generating facility or energy storage facility in accordance with subparagraph (B).
(B)

Refund
(i)

In general
Any interconnection customer that pays costs under subparagraph (A) shall be refunded, in accordance with clause (ii), the amount of such costs that would otherwise be allocated to other parties pursuant to the Commission’s regulations issued under this section.
(ii)

Period of refund
The refund of costs under clause (i) shall be complete not later than the date that is 10 years after the date on which the network upgrade is complete.
(3)

Sole beneficiary
A transmitting utility may require an interconnection customer to exclusively pay for the costs of a network upgrade if the transmission benefits of the network upgrade will only be received by the interconnection customer.
(d)

Effective date of regulations
The Commission shall require transmitting utilities to comply with the regulations issued under subsection (a) not later than 180 days after such regulations have been finalized.”.
105.

Deployment of grid enhancing assets
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further amended by adding at the end the following:
“227.

Grid enhancing assets
(a)

Deployment of grid enhancing assets
Not later than 18 months after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Commission shall issue regulations to require the following:
(1)

Consultation; study
With respect to processing a request from an interconnection customer to interconnect a generating facility or an energy storage project to a transmission facility or transmission system, the transmitting utility, as applicable, shall—
(A)
consult with the relevant owner or operator of the transmission facility or transmission system, and the interconnection customer, regarding deploying grid enhancing assets at the transmission facility or transmission system in addition to, or as a substitute to, carrying out a transmission expansion or addition at the transmission facility or transmission system, including to maximize utilization of existing transmission facilities, environmental justice and resilience benefits for communities, and protection of wildlife; and
(B)
study the efficacy of deploying grid enhancing assets to maximize the utilization of existing transmission facilities, environmental justice and resilience benefits for communities, and the protection of wildlife.
(2)

Deployment
(A)

In general
An interconnection customer that is consulted with under paragraph (1) may request that the grid enhancing asset that was the subject of such consultation be deployed.
(B)

Determination
The transmitting utility of the transmission facility or transmission system to which such grid enhancing asset would be deployed shall determine whether to deploy such grid enhancing asset. If the transmitting utility of the transmission facility or transmission system determines not to deploy such grid enhancing asset, the interconnection customer may appeal the determination under subparagraph (C).
(C)

Appeal
(i)

In general
An interconnection customer that requests deployment of a grid enhancing asset under subparagraph (A) may submit to the Commission a request to appeal a determination under subparagraph (B) to not deploy the grid enhancing asset.
(ii)

Determination
Not later than 90 days after an interconnection customer submits a request under clause (i), the Commission shall determine whether to require the transmitting utility to deploy the grid enhancing asset that is the subject of the appeal.
(iii)

Consideration
In making a determination under clause (ii), the Commission shall consider—
(I)
the impact of the deployment of grid enhancing assets on the operational reliability of the transmission facility or transmission system;
(II)
whether the grid enhancing asset is cost-competitive and capacity competitive with a transmission expansion or addition at the transmission facility or transmission system; and
(III)
other factors determined appropriate by the Commission.
(b)

Effective date of regulations
The Commission shall require transmitting utilities to comply with the regulations issued under subsection (a) not later than 180 days after such regulations have been finalized.
(c)

Just and reasonable cost allocation
In carrying out sections 205 and 206, the Commission shall allow costs associated with deploying grid enhancing assets to be allocated to customers that receive transmission benefits from such grid enhancing assets.”.
106.

Protection of electricity reliability through improved interregional transfer capability
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further amended by adding at the end the following:
“228.

Protecting electricity reliability by improving interregional transfer capability
(a)

Rulemaking
Notwithstanding the requirements of section 322 of the Fiscal Responsibility Act (Public Law 118–5), not later than 24 months after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Commission shall, pursuant to section 206, issue regulations that establish requirements for minimum transfer capability, as described under subsection (b), between transmission planning regions.
(b)

Minimum transfer capability
The aggregate minimum interregional transfer capability for each transmission planning region and its neighboring transmission planning region shall be not less than 30 percent of its own peak electricity demand, or in the case of a transmission planning region that borders only 1 other transmission planning region, not less than 15 percent of its own peak electricity demand, unless the Commission finds, upon a showing by a transmission planning region, that a lower transfer capability can achieve the same or greater transmission benefits.”.
107.

Increased FERC transmission siting authority
(a)

In general
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further amended by adding at the end the following:
“229.

Siting of certain interstate electric transmission facilities
(a)

Certificate of public convenience and necessity
(1)

In general
On receipt of an application under subsection (b)(1) relating to an electric transmission facility described in paragraph (2), the Commission, after making the finding described in paragraph (3) with respect to such electric transmission facility, shall, by order which is published in the Federal Register, issue to the person who submitted such application a certificate of public convenience and necessity for the construction, modification, or operation of such electric transmission facility, subject to such reasonable terms and conditions as the Commission determines to be appropriate.
(2)

Electric transmission facility described
An electric transmission facility referred to in paragraph (1) is an electric transmission facility that—
(A)
traverses or, on construction or modification in accordance with a certificate of public convenience and necessity issued under that paragraph, will traverse not fewer than 2 States;
(B)
is used for the transmission of electric energy in interstate commerce; and
(C)
has a power capacity of not less than 1,000 megawatts.
(3)

Finding described
The finding referred to in paragraph (1) is a finding that—
(A)
the applicant for a certificate of public convenience and necessity is able and willing—
(i)
to carry out the activities and perform the services proposed in the application in a manner determined to be appropriate by the Commission; and
(ii)
to achieve compliance with the applicable requirements of—
(I)
this part; and
(II)
any rules and regulations promulgated by the Commission pursuant to this part;
(B)
the electric transmission facility to be constructed, modified, or operated under the certificate of public convenience and necessity will—
(i)
traverse not fewer than 2 States;
(ii)
be used for the transmission of electric energy in interstate commerce; and
(iii)
have a power capacity of not less than 1,000 megawatts; and
(C)
construction, modification, or operation of the electric transmission facility, as proposed in the application—
(i)
will—
(I)
enable the use of renewable energy;
(II)
reduce congestion of the applicable transmission system or transmission systems;
(III)
improve the operational reliability of the applicable transmission system or transmission systems; or
(IV)
provide system resilience between regions of the applicable transmission system or transmission systems;
(ii)
will maximize, to the extent reasonable and economical, the use of—
(I)
existing facility sites; and
(II)
the transmission capabilities of existing electric transmission facilities; and
(iii)
will, to the extent practicable, minimize the use of eminent domain.
(4)

Rulemaking
Not later than 18 months after the date of enactment of this section, the Commission shall issue regulations specifying—
(A)
a pre-filing process during which a person described in subsection (b)(1) and the Commission shall consult with—
(i)
the State commission for each State through which the applicable electric transmission facility will traverse;
(ii)
appropriate Federal agencies;
(iii)
each Indian Tribe that may be affected by the proposed project to construct, modify, or operate an electric transmission facility; and
(iv)
the appropriate Transmission Organization;
(B)
the form of, and information to be contained in, an application submitted under subsection (b)(1);
(C)
requirements for determining whether the applicable electric transmission facility will—
(i)
traverse not fewer than 2 States;
(ii)
be used for the transmission of electric energy in interstate commerce; and
(iii)
have a power capacity of not less than 1,000 megawatts;
(D)
criteria for determining the reasonable and economical use of—
(i)
existing rights-of-way; and
(ii)
the transmission capabilities of existing towers or structures;
(E)
the manner in which an application submitted under subsection (b)(1) shall be considered, which, to the extent practicable, shall be consistent with State statutory and regulatory policies concerning generation and retail sales of electricity in the States in which the electric energy transmitted by the electric transmission facility will be generated or sold; and
(F)
the manner in which the Commission will consider the needs of communities that will be impacted directly by the applicable electric transmission facility, including how any impacts of the electric transmission facility could be mitigated or offset.
(5)

Publication, public comment, and hearings for certain notice of intent and draft environmental impact statements
(A)

Publication
The Commission shall publish in the Federal Register a notice of intent to prepare an environmental impact statement and a draft environmental impact statement with respect to an application for a certificate of public convenience and necessity that has been submitted under subsection (b)(1).
(B)

Public comment
The Commission shall provide not less than 60 days for public comment on each notice of intent and draft environmental impact statement published under subparagraph (A).
(C)

Hearing
The Commission shall provide to the individuals and entities described in paragraph (6)(B) a reasonable opportunity for presentation, in at least one public hearing, of any views and recommendations on each notice of intent and each draft environmental impact statement published under subparagraph (A). The Commission shall publish in the Federal Register notice of any hearing held under this subparagraph.
(6)

Notice and opportunity for a hearing on applications
(A)

In general
In any proceeding before the Commission to consider an application for a certificate of public convenience and necessity under this section, the Commission shall—
(i)
publish a notice of the application in the Federal Register;
(ii)
provide written notice of such application to all affected landowners in accordance with subsection (c); and
(iii)
provide to the individuals and entities described in subparagraph (B) a notice and reasonable opportunity for the presentation in at least one public hearing of any views and recommendations with respect to the need for, and impact of, the construction, modification, or operation of the electric transmission facility proposed to be constructed, modified, or operated under the certificate.
(B)

Individuals and entities described
The individuals and entities referred to in subparagraph (A) are—
(i)
an agency, selected by the Governor (or equivalent official) of the applicable State, of each State in which the electric transmission facility proposed to be constructed, modified, or operated under the applicable certificate of public convenience and necessity is or will be located;
(ii)
each affected landowner; and
(iii)
as determined by the Commission—
(I)
each affected Federal agency; and
(II)
each Indian Tribe that may be affected by the proposed construction, modification, or operation.
(C)

Prohibition
The Commission may not—
(i)
require an applicant for a certificate of public convenience and necessity under this section to provide any notice required under this section; or
(ii)
enter into a contract to provide any notice required under this section with—
(I)
the applicant for the applicable certificate of public convenience and necessity; or
(II)
any other person that has a financial interest in the project proposed in the application for such certificate.
(b)

Applications
(1)

In general
A person desiring a certificate of public convenience and necessity under this section shall submit to the Commission an application at such time, in such manner, and containing such information as the Commission may require.
(2)

Requirement
An application submitted to the Commission under paragraph (1) shall include all information necessary for the Commission to make the finding described in subsection (a)(3).
(c)

Notice to affected landowners
(1)

In general
The Commission shall provide written notice of an application submitted under subsection (b)(1) to all affected landowners with respect to the electric transmission facility for which such application was submitted in accordance with this subsection.
(2)

Requirements
Any notice provided to an affected landowner under paragraph (1) shall include the following:
(A)
The following statement in 14-point bold typeface:
“‘The [name of applicant] has proposed building power lines that will cross your property, and may also require building transmission towers on your property. If the Federal Energy Regulatory Commission approves [applicant]’s proposed project, then [applicant] may have the right to build transmission towers on, and power lines over, your property, or use your property to construct the proposed project, subject to paying you just compensation for the loss of your property.
“‘If you want to raise objections to, offer support for, or otherwise comment on this, or otherwise comment on this project, you can do so by submitting written comments to the Federal Energy Regulatory Commission Docket No. [___]. You can do this electronically or by mail. To do so electronically [to be inserted by the Commission]. To do so by mail [to be inserted by the Commission].’.
(B)
A description of the proposed project to construct, modify, or operate an electric transmission facility, including—
(i)
the location of the proposed project (including a general location map);
(ii)
the purpose of the proposed project; and
(iii)
the timing of the proposed project.
(C)
The name of, and the location in the docket of the Commission at which may be found, each submission by the applicant to the Commission relating to the proposed project.
(D)
A general description of what the applicant will need from the landowner if the proposed project is approved, including the activities the applicant may undertake and the facilities that the applicant may seek to construct on the property of the landowner.
(E)
A description of how the landowner may contact the applicant, including—
(i)
a website;
(ii)
an email address;
(iii)
a local or toll-free telephone number; and
(iv)
the name of a specific person to contact who is knowledgeable about the proposed project.
(F)
A description of how the landowner may contact the Commission, including—
(i)
a website;
(ii)
an email address;
(iii)
a local or toll-free telephone number; and
(iv)
the name of a specific person to contact who is knowledgeable about the proposed project.
(G)
A summary of the rights that the landowner has—
(i)
before the Commission; and
(ii)
in other proceedings under—
(I)
the Federal Rules of Civil Procedure; and
(II)
the eminent domain rules of the relevant State.
(H)
Any other information that the Commission determines to be appropriate.
(3)

Obligation of applicant
An applicant for a certificate of public convenience and necessity under this section shall submit to the Commission, together with the application for the certificate, the name and address of each affected landowner.
(d)

Regulatory jurisdiction
(1)

In general
Except as provided in paragraph (2) and notwithstanding section 216(i), no State shall regulate any aspect of the siting or permitting of an electric transmission facility constructed, modified, or operated under a certificate of public convenience and necessity issued under this section.
(2)

Savings clause
Nothing in this section affects the rights of States under—
(A)
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.);
(B)
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(C)
the Clean Air Act (42 U.S.C. 7401 et seq.); or
(D)
division A of subtitle III of title 54, United States Code (formerly known as the “National Historic Preservation Act”).
(3)

Tribal consent for certain rights-of-way
No right-of-way over or across Tribal land may be granted pursuant to this section unless consent for the right-of-way has been obtained from the proper Tribal official in a manner consistent with the requirements of section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324).
(e)

Judicial review
(1)

In general
Any person aggrieved by an order of the Commission issued under this section may obtain review of the order in—
(A)
the court of appeals of the United States for any judicial circuit in which the electric transmission facility to be constructed, modified, or operated under the applicable certificate of public convenience and necessity is or will be located; or
(B)
the United States Court of Appeals for the District of Columbia Circuit.
(2)

Petition for review
(A)

In general
A person may obtain review under paragraph (1) by filing in the applicable court a written petition praying that the order of the Commission be modified or set aside in whole or in part.
(B)

Timing
A petition under subparagraph (A) shall be filed by not later than 60 days after the date on which the applicable order of the Commission is published in the Federal Register.
(3)

Person aggrieved
Notwithstanding any other provision of this Act, a person aggrieved by an order of the Commission issued under this section need not—
(A)
have been a party to the proceedings before the Commission in which that order was issued in order to obtain judicial review of the order under this subsection; or
(B)
have requested rehearing before the Commission prior to seeking judicial review.
(f)

Right of eminent domain for electric transmission facilities
(1)

In general
The holder of a certificate of public convenience and necessity may acquire through the exercise of the right of eminent domain in a court described in paragraph (2) any right-of-way, land, or other property that is necessary to construct, modify, or operate an electric transmission facility in accordance with such certificate if the holder has, in the determination of the Commission, made good faith efforts to engage with landowners and other stakeholders early in the permitting process established under this section, and—
(A)
cannot acquire the necessary right-of-way, land, or other property by contract;
(B)
is unable to agree with the owner of the right-of-way, land, or other property with respect to the compensation to be paid for that right-of-way, land, or other property; or
(C)
cannot clear defective title with respect to the right-of-way, land, or other property.
(2)

Court described
A court referred to in paragraph (1) is—
(A)
the district court of the United States for the district in which the applicable right-of-way, land, or other property is located; or
(B)
the appropriate State court.
(3)

Notice of order issuing certificate
The holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection with respect to any property covered by the certificate unless the Commission has first, in addition to publishing the notice of certificate of public convenience and necessity in the Federal Register, provided all affected landowners with notice of—
(A)
the order; and
(B)
the procedures for obtaining judicial review of such order under subsection (e), including a description of the time period for seeking judicial review under that subsection.
(g)

Condemnation procedures
(1)

Appraisals
(A)

In general
A holder of, or applicant for, a certificate of public convenience and necessity shall have any property that the holder or applicant seeks to acquire through the exercise of the right of eminent domain under subsection (f) appraised in accordance with generally accepted appraisal standards by an appraiser selected by the owner of the property, subject to subparagraph (D).
(B)

Requirements
(i)

Costs
The applicable holder of, or applicant for, a certificate of public convenience and necessity shall pay for each appraisal carried out under subparagraph (A).
(ii)

Inspections
The owner of the applicable property (or a designated representative of the owner) shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under subparagraph (A).
(C)

Timing
An appraisal under subparagraph (A) shall be carried out before—
(i)
the holder of, or applicant for, the certificate of public convenience and necessity makes an offer of just compensation under paragraph (2); or
(ii)
the holder of the certificate of public convenience and necessity commences an action or proceeding to exercise the right of eminent domain under subsection (f).
(D)

Selection of appraiser
If the owner of the applicable property does not select an appraiser under subparagraph (A) by the date that is 60 days after the date on which the holder of, or applicant for, the applicable certificate of public convenience and necessity requests that the owner do so, the holder or applicant shall have the right to select the appraiser.
(2)

Offers of just compensation
(A)

In general
Any offer of just compensation made to an affected landowner of property that is or will be covered by a certificate of public convenience and necessity—
(i)
shall be made in writing;
(ii)
may not be for an amount less than the fair market value of the property, as determined by an appraisal carried out under paragraph (1); and
(iii)
shall include compensation for—
(I)
any lost income from the property; and
(II)
any damages to any other property of the owner.
(B)

Timing
The holder of a certificate of public convenience and necessity may not make an offer of just compensation to an affected landowner until the date that is 30 days after the date on which the Commission provides a notice to the affected landowner under subsection (f)(3).
(3)

Jurisdictional limitations
(A)

Minimum jurisdictional amount
A district court of the United States shall only have jurisdiction of an action or proceeding to exercise the right of eminent domain under subsection (f) if the amount claimed by the owner of the property to be condemned exceeds $3,000.
(B)

Tribal land
A district court of the United States shall have no jurisdiction to condemn any interest in Tribal land.
(4)

Limitation on condemnation
In any action or proceeding to exercise the right of eminent domain under subsection (f), a court—
(A)
may condemn an interest in property only to the extent necessary for the specific facilities described in the applicable certificate of public convenience and necessity; and
(B)
may not—
(i)
condemn any other interest; or
(ii)
condemn an interest for any purpose not described in that certificate.
(5)

Right of possession
With respect to any action or proceeding to exercise the right of eminent domain under subsection (f), an owner of property that is covered by the applicable certificate of public convenience and necessity shall not be required to surrender possession of that property unless the holder of the certificate—
(A)
has paid to the owner the award of compensation in the action or proceeding; or
(B)
has deposited the amount of that award with the court.
(6)

Litigation costs
(A)

In general
A holder of a certificate of public convenience and necessity that commences an action or proceeding to exercise the right of eminent domain under subsection (f) shall be liable to the owner of any property condemned in that proceeding for the costs described in subparagraph (B) if the amount awarded to that owner for the property condemned is more than 125 percent of the amount offered to the owner by the holder before the commencement of that action or proceeding.
(B)

Costs described
The costs referred to in subparagraph (A) are litigation costs incurred for the action or proceeding described in that subparagraph by the owner of the property condemned, including—
(i)
reasonable attorney fees;
(ii)
expert witness fees and costs; and
(iii)
reasonable travel costs to participate in proceedings.
(h)

Enforcement of conditions
(1)

In general
An affected landowner the property of which has been acquired by eminent domain under subsection (f) shall have the right—
(A)
to enforce any condition in the applicable certificate of public convenience and necessity; and
(B)
to seek damages for a violation of any condition described in subparagraph (A).
(2)

Jurisdiction
The district courts of the United States shall have jurisdiction over any action arising under paragraph (1).
(i)

Other landowner rights and protections
(1)

Failure to timely complete projects
(A)

Surrender of condemned property
(i)

In general
An individual or entity from which an interest in property is acquired through the exercise of the right of eminent domain under subsection (f) by the holder of a certificate of public convenience and necessity that is issued for the construction, modification, or operation of an electric transmission facility may demand that the holder of the certificate surrender that interest to that individual or entity if—
(I)
- (aa)
the electric transmission facility is not in operation (as modified, in the case of a modification of an electric transmission facility) by the date specified in the certificate (including any modification of the certificate by the Commission); and
- (bb)
there is no request for the extension of that date pending before the Commission; or
(II)
subject to clause (ii), the holder of the certificate, with the approval of the Commission, abandons the portion of the electric transmission facility that is located on the applicable property relating to that interest.
(ii)

Requirement
The Commission may not approve in a certificate of public convenience and necessity issued under this section or in any subsequent proceeding the abandonment of all or any part of an electric transmission facility unless the Commission requires the holder of the applicable certificate of public convenience and necessity to offer to each individual or entity described in clause (i) the option of having the property acquired from that individual or entity as described in that clause restored to the condition that the property was in prior to the issuance of the certificate.
(B)

Repayment of condemnation award
If an individual or entity described in subparagraph (A)(i) demands the surrender of an interest under that subparagraph, the holder of the applicable certificate of public convenience and necessity shall be entitled to repayment of an amount equal to not more than 50 percent of the condemnation award relating to the interest.
(C)

Jurisdiction
The district courts of the United States shall have jurisdiction over any action arising under this paragraph.
(2)

Material misrepresentations
(A)

Rescission of transaction
(i)

In general
An individual or entity from which an interest in property is acquired through the exercise of the right of eminent domain under subsection (f) that proves, by a preponderance of the evidence, that the individual or entity has granted a right-of-way or any other property interest based on a material misrepresentation made by or on behalf of an applicant for, or holder of, a certificate of public convenience and necessity under this section concerning the electric transmission facility to be constructed, modified, or operated under the certificate shall have the right to rescind the transaction.
(ii)

Jurisdiction
The district courts of the United States shall have jurisdiction over any action arising under clause (i).
(B)

Civil penalties
A material misrepresentation made by an applicant for, or holder of, a certificate of public convenience and necessity, or on behalf of such an applicant or holder, to an affected landowner concerning the electric transmission facility to be constructed, modified, or operated under the certificate, shall be considered to be a violation of this part for purposes of section 316A and such applicant or holder shall be assessed a civil penalty by the Commission in accordance with such section 316A, except the amount of such civil penalty may not exceed $10,000 per affected landowner to whom the misrepresentation was made.
(j)

Definitions
In this section:
(1)

Affected landowner
(A)

In general
The term affected landowner includes each owner of a property interest in land or other property described in subparagraph (B), including—
(i)
the Federal Government;
(ii)
a State or local government; and
(iii)
each owner noted in the most recent county or city tax record as receiving the relevant tax notice with respect to that interest.
(B)

Land and other property described
The land or other property described in this subparagraph is any land or other property—
(i)
that is directly affected by the proposed construction, modification, or operation of an electric transmission facility, including all facility sites;
(ii)
that is located within the greater of—
(I)
0.25 miles from a proposed facility site for an electric transmission facility; or
(II)
a minimum distance from the proposed electric transmission facility as specified by State law; or
(iii)
contains a residence that is within 3000 feet of a proposed facility site for an electric transmission facility.
(2)

Alternating current transmission facility
The term alternating current transmission facility means a transmission facility that uses alternating current for the bulk transmission of electric energy.
(3)

Electric transmission facility
The term electric transmission facility means, as applicable—
(A)
an alternating current transmission facility;
(B)
a high-voltage, direct current transmission facility; or
(C)
infrastructure associated with an alternating current transmission facility or a high-voltage, direct current transmission facility, including substations and switchyards.
(4)

Facility site
The term facility site includes—
(A)
an area covered by a right-of-way;
(B)
an access road;
(C)
a contractor yard where equipment and material are stored or where assembly work is conducted; and
(D)
any temporary workspace.
(5)

High-voltage, direct current transmission facility
The term high-voltage, direct current transmission facility means a transmission facility that uses direct current for the bulk transmission of electric energy.
(6)

Tribal land
The term Tribal land has the meaning given the term Indian land in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).”.
(b)

Conforming changes to the Federal Power Act
(1)

Siting of interstate electric transmission facilities
Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended—
(A)
in subsection (b)(2), by inserting “(including transmission of electric energy from the outer Continental Shelf to a State)” after “interstate commerce”;
(B)
in subsection (c), by adding at the end the following:
“(3)

Applications outside national interest electric transmission corridors
(A)

In general
Subject to subparagraph (B), the Commission shall allow a person to file an application for a permit under subsection (b), and may begin evaluation of such application, even if the relevant electric transmission facility is not in a national interest electric transmission corridor designated by the Secretary under subsection (a) at the time the application is filed.
(B)

Time limit
The Commission shall cease all evaluation of an application described in subparagraph (A) if, two years after the application is filed with the Commission, the relevant electric transmission facility is not in a national interest electric transmission corridor designated by the Secretary under subsection (a). The Commission may resume evaluation of such application if, after ceasing evaluation under this subparagraph, a national interest electric transmission corridor is designated by the Secretary under subsection (a) and the relevant electric transmission facility is in such national interest electric transmission corridor.”; and
(C)
in subsection (h)—
(i)
by amending paragraph (2) to read as follows:
“(2)

Lead agency
For the purposes of coordinating all applicable Federal authorizations and related environmental reviews—
(A)
the Commission shall act as the lead agency in the case of—
(i)
except as provided in subparagraph (B), an electric transmission facility in a national interest electric transmission corridor designated by the Secretary under subsection (a); or
(ii)
an electric transmission facility for which an application has been submitted for a certificate of public convenience and necessity under section 229;
(B)
the Department of the Interior shall act as the lead agency in the case of an electric transmission facility in a national interest electric transmission corridor designated by the Secretary under subsection (a) that is located on a lease, easement, or right-of-way granted by the Secretary of the Interior under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)); and
(C)
the Department of Energy shall act as the lead agency in the case of any other electric transmission facility.”.
(ii)
in each of paragraphs (3), (4)(B), (4)(C), (5)(B), (6)(A), (7)(A), (8)(A)(i), and (9), by striking “Secretary” each place it appears and inserting “applicable lead agency”;
(iii)
in paragraph (4)(A), by striking “As head of the lead agency, the Secretary” and inserting “The applicable lead agency”;
(iv)
in paragraph (5)(A), by striking “As lead agency head, the Secretary” and inserting “The applicable lead agency”; and
(v)
in paragraph (7)—
(I)
in subparagraph (A), by striking “after the date of enactment of this section” and inserting “after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023”; and
(II)
in subparagraph (B), by amending clause (i) to read as follows:
“(i)
Not later than six months after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Secretary, the Commission, and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into a memorandum of understanding to ensure the timely and coordinated review and permitting of electric transmission facilities.” .
(2)

Transmission infrastructure investment
Section 219(b)(4)(B) of the Federal Power Act (16 U.S.C. 824s(b)(4)(B)) is amended by striking “section 216” and inserting “sections 216 and 229”.
108.

Facilitation of efficient environmental review of the designation of national interest electric transmission corridors
(a)

In general
Section 216(h) of the Federal Power Act (42 U.S.C. 824p(h)) is further amended—
(1)
by redesignating paragraph (9) as paragraph (10); and
(2)
by inserting after paragraph (8) the following:
“(9)

No duplication of environmental reviews
(A)

Purpose
The purpose of this paragraph is to ensure that there is no duplication of effort or process with respect to preparing environmental documents relating to the designation of national interest electric transmission corridors under subsection (a) and the issuance of permits under subsection (b).
(B)

Review relating to designation
Unless the Secretary determines that the preparation of an environmental document with respect to the designation of a national interest electric transmission corridor under subsection (a) is necessary under the circumstances, the Secretary shall not be required to prepare an environmental document in connection with the designation of such a national interest electric transmission corridor.
(C)

Effect on applications to construct or modify certain transmission facilities
(i)

No review relating to designation of corridor
If the Secretary has not prepared an environmental document with respect to the designation of a national interest electric transmission corridor under subsection (a), the Commission shall prepare an environmental document for any construction or modification proposed in an application made under subsection (c) before issuing a permit for such application under subsection (b).
(ii)

Review relating to designation of corridor
If the Secretary has prepared an environmental document with respect to the designation of a national interest electric transmission corridor under subsection (a)—
(I)
the Commission and any other Federal agency preparing an environmental document for any construction or modification proposed in an application made under subsection (c) within such national interest electric transmission corridor—
- (aa)
shall rely on any findings of the environmental document prepared by the Secretary; and
- (bb)
shall not duplicate any work of the Secretary relating to the preparation of such environmental document; and
(II)
the Commission and such other Federal agency shall incorporate the findings of the environmental document prepared by the Secretary into any environmental document prepared by the Commission or such other Federal agency under this subsection.”.
(b)

Definitions
Paragraph (1) of section 216(h) of the Federal Power Act (42 U.S.C. 824p(h)) is amended to read as follows:
“(1)

Definitions
In this subsection:
(A)

Environmental document
The term environmental document has the meaning given such term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
(B)

Federal authorization
The term Federal authorization—
(i)
means any authorization required under Federal law in order to site a transmission facility; and
(ii)
includes such permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law in order to site a transmission facility.”.
(c)

Conforming amendments
Section 216(h)(5) of the Federal Power Act (42 U.S.C. 824p(h)(5)) is amended—
(1)
in subparagraph (A), by striking “environmental review document” and inserting “environmental document”; and
(2)
in subparagraph (C), by striking “document” and inserting “environmental document”.
109.

Increased flexibility for Federal transmission financing
(a)

Transmission facility financing
Section 50151(b) of Public Law 117–169 (42 U.S.C. 18715(b)) is amended by striking “designated by the Secretary to be necessary in the national interest under section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))” and inserting “determined by the Secretary to be in the national interest”.
(b)

Transmission facilitation program
Section 40106(h)(1)(A) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by striking “is located in an area designated as a national interest electric transmission corridor pursuant to section 216(a) of the Federal Power Act 16 U.S.C. 824p(a)” and inserting “is in the national interest”.
110.

Establishment of transmission investment tax credit
(a)

In general
Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48E the following:
“48F.

Qualifying electric power transmission line credit
(a)

Allowance of credit
For purposes of section 46, the qualifying electric power transmission line credit for any taxable year is an amount equal to 6 percent of the qualified investment for such taxable year with respect to any qualifying electric power transmission line property of the taxpayer.
(b)

Qualified investment
(1)

In general
For purposes of subsection (a), the qualified investment for any taxable year is the basis of any qualifying electric power transmission line property placed in service by the taxpayer during such taxable year.
(2)

Certain qualified progress expenditures rules made applicable
Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section.
(c)

Qualifying electric power transmission line property
For purposes of this section, the term qualifying electric power transmission line property means any overhead, submarine, or underground property—
(1)
which is a qualifying electric power transmission line that transmits electricity—
(A)
across no fewer than 2 States or not less than 150 continuous miles, or
(B)
across the Outer Continental Shelf (as defined in section 2 of the Outer Continental Lands Act (43 U.S.C. 1331)), or
(2)
which is related transmission property.
(d)

Qualifying electric power transmission line
For purposes of this section—
(1)

In general
The term qualifying electric power transmission line means any applicable new transmission property and any modified existing transmission property.
(2)

Applicable new transmission property
(A)

In general
The term applicable new transmission property means any electric power transmission line which is—
(i)
originally placed in service after the date of the enactment of this section,
(ii)
primarily used for one or more purposes described in subparagraph (B), and
(iii)
described in subparagraph (C).
(B)

Purposes described
The purposes described in this subparagraph are—
(i)
enhancing resilience to prepare for, withstand, and recover rapidly from disruptions from the impact of weather events, wildfires, or natural disasters,
(ii)
addressing clearance concerns,
(iii)
facilitating the interconnection of electric power generation capacity to the bulk-power system (as defined in section 215 of the Federal Power Act), or
(iv)
addressing high load needs of 2,000 ampere and above.
(C)

Additional requirements for new transmission property
An electric power transmission line is described in this subparagraph if—
(i)
such transmission line—
(I)
includes an advanced transmission conductor, and
(II)
is capable of transmitting electricity at a voltage of not less than 100 kilovolts, or
(ii)
such transmission line—
(I)
is a superconducting transmission line or is capable of transmitting electricity at a voltage of at least 345 kilovolts, and
(II)
has a transmission capacity of not less than 750 megawatts or is a transmission line described in subparagraph (D).
(D)

Multiple transmission lines located in the same right-of-way
A transmission line is described in this subparagraph if such a transmission line—
(i)
is co-located in the same right-of-way or adjacent right-of-way as one or more other overhead, submarine, or underground transmission lines, and
(ii)
together with the other transmission lines described in subparagraph (A), has a transmission capacity of not less than 1,000 megawatts.
(3)

Modified existing transmission property
The term modified existing transmission property means any electric power transmission line which—
(A)
was placed in service before the date of the enactment of this section,
(B)
is modified after the date of enactment of this Act in a manner that—
(i)
increases the transmission capacity of such transmission line by not less than 500 megawatts, or
(ii)
includes an advanced transmission conductor that transmits electricity at a voltage of not less than 100 kilovolts, and
(C)
after the completion of such modification, is an electric power transmission line which satisfies the requirements under subclauses (ii) and (iii) of paragraph (2)(A).
(4)

Advanced transmission conductor
The term advanced transmission conductor means a transmission conductor technology that uses recently developed technology or materials such as a composite core and such other future advances as determined by the Secretary, in consultation with the Secretary of Energy.
(5)

Superconducting transmission line
The term superconducting transmission line means a transmission line that conducts all of its current over a super-conducting material.
(e)

Related transmission property
For purposes of this section—
(1)

In general
The term related transmission property means any of the following:
(A)

Transmission property used for interconnection or generator tie-line
Any electric power transmission line which is—
(i)
placed in service after the date of enactment of this section,
(ii)
primarily used—
(I)
as a generator interconnection tie line at an associated facility that extends from the secondary (high) side of a generator step-up transformer to the point of interconnection with the host transmission owner from interconnecting new generation resources or facilities to the electric grid, or
(II)
for network upgrades associated with the interconnection of new generation resources or facilities to the electric grid,
(iii)
primarily used for one or more purposes described in subsection (d)(2)(B), and
(iv)
capable of transmitting electricity at a voltage of not less than 230 kilovolts.
(B)

Grid enhancing technology
Any grid enhancing technology property used in the operation of the electric power transmission line described in paragraph (2) or (3) of subsection (d).
(C)

Subcomponents
Any conductors or cables, towers, insulators, reactors, capacitors, circuit breakers, static VAR compensators, static synchronous compensators, power converters, transformers, synchronous condensers, braking resistors, and any ancillary facilities and equipment necessary for the proper operation of the electric power transmission line described in paragraph (2) or (3) of subsection (d) or for the proper operation of any property described in subsection (d)(2).
(2)

Grid enhancing technology property
The term grid enhancing technology property means power flow controls and transmission switching equipment, storage technology, and hardware or software that enables dynamic line ratings, advanced line rating management technologies, on new or existing transmission property for the purpose of enhancing the capacity, efficiency, resiliency, or reliability of an electric power transmission system and such other similar property determined by the Secretary, in consultation with the Secretary of Energy.
(f)

Increased credit amount for certain transmission line property
(1)

In general
In the case of any qualifying electric power transmission line property which meets the requirements of paragraph (2), the amount of credit determined under subsection (a) (determined without regard to this subsection) shall be equal to such amount multiplied by 5.
(2)

Facility requirements
Qualifying electric power transmission line property shall be treated as meeting the requirements of this paragraph if—
(A)
the construction of such property meets rules similar to the rules of section 48(a)(10) (relating to prevailing wage requirements) and section 45(b)(8) (relating to apprenticeship requirements), or
(B)
the construction of such property begins before the date that is 60 days after the Secretary publishes guidance with respect to the requirements under subparagraph (A).
(g)

Termination
This section shall not apply to any property the construction of which begins after December 31, 2033.”.
(b)

Public utility property
Paragraph (2) of section 50(d) of the Internal Revenue Code is amended—
(1)
by striking “(as defined in section 48(c)(6))” and inserting “(as defined in section 48(c)(6), except that subparagraph (D) of such section shall not apply) or any qualifying electric power transmission line property (as defined by section 48F(c))”, and
(2)
in subparagraph (B)—
(A)
by inserting “or qualifying electric power transmission line property” after “each energy storage technology”, and
(B)
by inserting “or the qualifying electric power transmission line property” after “the energy storage technology”.
(c)

Transfer of certain credits
Section 6418(f)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following:
“(xii)
The qualifying electric power transmission line credit under section 48F.”.
(d)

Conforming amendments
(1)
Section 46 of the Internal Revenue Code of 1986 is amended—
(A)
in paragraph (5), by striking “and” at the end,
(B)
in paragraph (6), by striking the period at the end and inserting “, and”, and
(C)
by adding at the end the following:
“(7)
the qualifying electric power transmission line credit.”.
(2)
Section 49(a)(1)(C) of such Code is amended—
(A)
in clause (v), by striking “and” at the end,
(B)
in clause (vi), by striking the period at the end and inserting “, and”, and
(C)
by adding at the end the following:
“(vii)
the basis of any qualifying electric power transmission line property under section 48F.”.
(3)
The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48E the following new item:
“Sec. 48F. Qualifying electric power transmission line credit.”.
(e)

Effective date
The amendments made by this section shall apply to property placed in service after December 31, 2023.
II

Improvement of Governance and Efficiency of the Grid
201.

Authorization to establish FERC Office of Electricity Transmission
Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is amended by inserting after section 317 the following:
“318.

Office of Electricity Transmission
The Commission may establish an office, to be known as the Office of Transmission, to—
(1)
coordinate all matters of the Commission relating to the transmission of electric energy, as the Commission determines appropriate; and
(2)
carry out the responsibilities of the Commission under section 216, 224, 225, 226, 227, 228, and 229, in coordination with the Office of Energy Projects of the Commission.” .
202.

Support for FERC Staffing
(a)

Ensuring timely review of infrastructure
Section 401(k) of the Department of Energy Organization Act (42 U.S.C. 7171(k)) is amended—
(1)
in paragraph (1), by striking “subchapter III of”;
(2)
in paragraph (2)—
(A)
by striking subparagraph (A); and
(B)
by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and
(3)
in paragraph (6)—
(A)
by striking “The Chairman” and inserting the following:
“(A)

In general
The Chairman”; and
(B)
by adding at the end the following:
“(B)

Implementation plan
Not later than 90 days after the date of enactment of this subparagraph, the Chairman shall submit to the Director of the Office of Personnel Management a plan to implement this subsection. The Director of the Office of Personnel Management shall take final action on the plan not later than 120 days after the submission of such plan.”.
(b)

Direct hire authority
Section 401 of the Department of Energy Organization Act (42 U.S.C. 7171) is amended by adding at the end the following:
“(l)

Direct hire authority
(1)

In general
Notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, if the Chairman of the Commission issues a certification that there is as severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities, the Chairman may, subject to paragraph (3), recruit and directly appoint highly qualified individuals into the competitive service.
(2)

Limitation
Any action authorized pursuant to paragraph (1) shall be consistent with the merit principles of section 2301 of title 5, United States Code, and the Commission shall comply with the public notice requirements of section 3327 of such title 5.
(3)

Termination
(A)

In general
A certification issued or renewed under this subsection shall terminate on the earlier of—
(i)
the date that is 5 years after the certification is issued or renewed; or
(ii)
the date on which the Chairman determines that there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities.
(B)

Renewal
The Chairman may renew a certification issued or renewed under this subsection for an additional 5-year period if the Chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities.
(4)

Covered position
In this subsection, the term covered position means a position in which an employee is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, or otherwise highly specialized or skilled nature.”.
(c)

Elimination of reporting sunset
Section 11004(b) of the Energy Act of 2020 (42 U.S.C. 7171 note; Public Law 116–260) is amended—
(1)
in paragraph (1), by striking “thereafter for 10 years” and inserting “thereafter”; and
(2)
in paragraph (2)(B), by striking “or mathematical” and inserting “mathematical, or otherwise highly specialized or skilled”.
203.

Evaluation of FERC fee assessments
Section 3401 of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 7178) is amended by adding at the end the following:
“(h)

Review
Not less often than once every five years, the Commission shall undertake a review to determine if the fees and charges it assesses under this section and other laws are sufficient to allow the Commission to handle its workload in an expedient manner.”.
204.

Establishment of independent transmission monitors
(a)

In general
Not later than 180 days after the date of enactment of this section, the Commission shall—
(1)
require each transmission planning region to establish an independent entity to monitor the planning for, and operation of, transmission facilities in the transmission planning region; or
(2)
establish an independent entity to monitor the planning for, and operation of, transmission facilities in all transmission planning regions.
(b)

Role of transmission monitor
An independent entity described in subsection (a) shall provide independent analysis of transmission planning and ratemaking processes by the Commission and Transmission Organizations to inform Commission proceedings, including by, as applicable—
(1)
reviewing the operation and practices of transmission facilities in the applicable transmission planning region for inefficiency;
(2)
investigating whether any rate, charge, or classification for transmission facilities in the applicable transmission planning region, or any rule, regulation, practice, or contract affecting such a rate, charge, or classification, is unjust, unreasonable, unduly discriminatory or preferential;
(3)
reviewing the transmission planning process for the applicable transmission planning region;
(4)
reviewing transmission facility costs in the applicable transmission planning region;
(5)
providing examples and advice to Transmission Organizations in the applicable transmission planning region on regional transmission operations, planning, and cost-allocation processes;
(6)
identifying situations in which it is cost-effective or otherwise appropriate to construct or deploy grid enhancing assets;
(7)
coordinating and sharing information with State regulatory authorities in the applicable transmission planning region; and
(8)
identifying reliable data sets and methodologies for use in regional planning and providing access to data to stakeholders.
(c)

Savings clause
Nothing in this section shall be construed to alter the sole power of the Commission to, under sections 205 and 206 of the Federal Power Act (16 U.S.C. 824d; 824e), determine if any rates, charges, or classifications are unjust, unreasonable, or unduly discriminatory or preferential.
(d)

Definitions
In this section:
(1)

Commission
The term Commission means the Federal Energy Regulatory Commission.
(2)

Grid enhancing asset, State regulatory authority; Transmission Organization; transmission planning region
The terms grid enhancing asset, State regulatory authority, Transmission Organization, and transmission planning region have the meanings given such terms in section 3 of the Federal Power Act (16 U.S.C. 796).
205.

Assurance of interoperability of offshore electric transmission infrastructure
(a)

Study
Not later than 2 years after the date of enactment of this Act, the Secretary of Energy shall complete and publish on the website of the Department of Energy a study that assesses the need to, and challenges of, developing and standardizing interoperable electric grid components, systems, and technologies in support of shared offshore transmission networks. Such study shall include recommendations for Congress, State, Tribal, and local governments, manufacturers of electric grid components, systems, and technologies, Transmission Organizations, offshore electricity generation project developers, and appropriate standards organizations to help ensure interoperability of electric grid components, systems, and technologies between offshore electricity generation projects and shared offshore infrastructure connecting to onshore transmission systems.
(b)

Interoperability standard development program
(1)

In general
The Secretary of Energy shall establish and implement a program to identify, develop, support, document, and encourage the adoption of standards necessary to maximize the interoperability of electric grid components, systems, and technologies to accelerate the implementation and delivery of electricity generated by offshore electricity generation projects through shared electricity transmission infrastructure.
(2)

Goals
The goals of establishing and implementing the program under paragraph (1) shall be—
(A)
to harmonize and standardize functional specifications of electric grid components, systems, and technologies to maximize the interoperability of electric grid components, systems, and technologies across types and manufacturers;
(B)
to hasten adoption of shared electric transmission infrastructure for offshore electricity generation by encouraging cooperation among manufacturers of electric grid components, systems, or technologies in order to—
(i)
maximize interoperability of such manufacturers’ electric grid components, systems, or technologies;
(ii)
reduce offshore electricity generation project delays and cost overruns;
(iii)
manage power grid complexity; and
(iv)
enhance electric grid resilience, reliability, and cybersecurity; and
(C)
to identify common technical specifications to effectively and securely measure, monitor, control, and protect offshore electricity generation and electric transmission infrastructure from the point of generation to load centers.
(3)

Financial assistance
Under the program established and implemented under paragraph (1), the Secretary may provide grants to—
(A)
engage equipment manufacturers and industry stakeholders in collaborative platforms, including workshops and forums;
(B)
identify current challenges and propose solutions to improve interoperability of electric grid components, systems, and technologies; and
(C)
develop a set of voluntary industry standards to maximize interoperability of electric grid components, systems, and technologies that meet the goals described in paragraph (2).
(c)

Authorization of appropriations
There are authorized to be appropriated to the Secretary of Energy to carry out this section $5,000,000, to remain available until expended.
(d)

Definition
In this section, the term Transmission Organization has the meaning given such term in section 3(29) of the Federal Power Act (16 U.S.C. 796).
206.

Aggregator bidding into organized wholesale electric markets
(a)

In general
Notwithstanding any prohibition established by a relevant electric retail regulatory authority with respect to who may bid into an organized wholesale electric market, each Transmission Organization shall, with respect to the organized wholesale electric market controlled by the Transmission Organization, allow any bid from an aggregator of retail customers that aggregates the demand flexibility of the customers of utilities that distributed more than 4 million megawatt-hours in the previous fiscal year.
(b)

Rulemaking
Not later than 12 months after the date of enactment of this section, the Commission shall promulgate a final rule pursuant to subsection (a).
(c)

Definitions
In this section:
(1)

Commission
The term Commission means the Federal Energy Regulatory Commission.
(2)

Electric retail regulatory authority
The term electric retail regulatory authority means an entity that establishes retail electricity prices and retail competition policies for customers.
(3)

Transmission Organization
The term Transmission Organization has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).
207.

Expansion of community solar
(a)

Establishment of community solar consumer choice program
(1)

In general
Not later than 12 months after the date of enactment of this Act, the Secretary shall establish a program to increase the opportunities for participation in community solar programs by—
(A)
individuals, prioritizing individuals that do not have regular access to onsite solar, including low- and moderate-income individuals and individuals living in energy communities;
(B)
businesses;
(C)
nonprofit organizations; and
(D)
States and local and Tribal governments.
(2)

Alignment with existing Federal programs
The Secretary shall align the program established under paragraph (1) with existing Federal programs that serve low-income communities.
(3)

Assistance to State and local governments
In carrying out the program established under paragraph (1), the Secretary shall—
(A)
provide technical assistance to eligible entities for projects to increase the number of community solar facilities;
(B)
assist eligible entities in the development of new and innovative financial and business models that leverage competitive processes in order to serve community solar subscribers; and
(C)
use National Laboratories to collect and disseminate data to assist private entities in the financing of, subscription to, and operation of community solar programs.
(b)

Federal Government participation in community solar programs
The Secretary shall, as the Secretary determines appropriate, expand the existing grant, loan, and financing programs of the Department of Energy to include community solar programs.
(c)

Establishment of community solar programs
(1)

In general
Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:
“(22)

Community solar programs
(A)

In general
Each electric utility shall offer a community solar program that provides all ratepayers, including low-income ratepayers, equitable and demonstrable access to such community solar program.
(B)

Definitions
For the purposes of this paragraph:
(i)

Community solar program
The term community solar program means a service provided to any electric consumer that the electric utility serves through which the value of electricity generated by a community solar facility may be used to reduce total charges billed to the electric consumer.
(ii)

Community solar facility
The term community solar facility means a solar photovoltaic system that—
(I)
allocates electricity to multiple electric consumers of an electric utility;
(II)
is interconnected with the electric grid; and
(III)
is located either on or off the property of the electric consumers described in subclause (I).”.
(2)

Compliance
(A)

Time limitations
Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following:
“(9)
(A)
Not later than 12 months after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).
(B)
Not later than 24 months after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).”.
(B)

Failure to comply
Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended—
(i)
by striking “subsection (b)(2)” and inserting “subsection (b)”; and
(ii)
by adding at the end the following: “In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22).”.
(C)

Prior State actions
(i)

In general
Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following:
“(i)

Prior State actions
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—
(1)
the State has implemented for the electric utility the standard (or a comparable standard);
(2)
the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or
(3)
the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.”.
(ii)

Cross-reference
Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: “In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22).”.
(d)

Federal contracts for public utility services
Section 501(b)(1) of title 40, United States Code, is amended by amending subparagraph (B) to read as follows:
“(B)

Public utility contracts
A contract under this paragraph for public utility services may be for a period of not more than 30 years.”.
(e)

Definitions
In this section:
(1)

Community solar facility; community solar program
The terms community solar facility and community solar program have the meaning give such terms in paragraph (22) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), as added by subsection (c) of this section.
(2)

Community solar subscriber
The term community solar subscriber means an electricity customer who has ownership of a financial share in a community solar facility that serves multiple consumers.
(3)

Eligible entity
The term eligible entity means—
(A)
a State or political subdivision of a State;
(B)
a unit of local government;
(C)
an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
(D)
a territory of the United States; or
(E)
an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subparagraphs (A) through (D).
(4)

Energy community
The term energy community has the meaning given such term in section 45(b)(11) of the Internal Revenue Code of 1986 (26 U.S.C. 45(b)(11)).
(5)

National Laboratories
The term National Laboratories has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(6)

Secretary
The term Secretary means the Secretary of Energy.
208.

Establishment of program to facilitate voluntary streamlined process for local permitting of qualifying distributed energy systems
(a)

Definitions
In this section:
(1)

Authority having jurisdiction
The term authority having jurisdiction means any State, county, local, or Tribal office or official with jurisdiction—
(A)
to issue permits relating to qualifying distributed energy systems;
(B)
to conduct inspections to enforce the requirements of a relevant code or standard relating to qualifying distributed energy systems; or
(C)
to approve the installation of, or the equipment and materials used in the installation of, qualifying distributed energy systems.
(2)

Qualifying distributed energy system
The term qualifying distributed energy system means any equipment or materials installed in, on, or near a residential building to support onsite or local energy use, including—
(A)
to generate electricity from distributed renewable energy sources, including from—
(i)
solar photovoltaic systems or similar solar energy technologies; and
(ii)
wind power systems;
(B)
to store and discharge electricity from batteries with a capacity of at least 2 kilowatt hours;
(C)
to charge a plug-in electric drive vehicle at a power rate of at least 2 kilowatts; or
(D)
to refuel a hydrogen fuel cell electric vehicle.
(3)

Secretary
The term Secretary means the Secretary of Energy.
(b)

Program
Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with trade associations and other entities representing distributed energy system installers and organizations representing State, local, and Tribal governments engaged in permitting, shall carry out a program to further develop, expand, and support the adoption of a voluntary streamlined permitting and inspection process for authorities having jurisdiction to use for the permitting of qualifying distributed energy systems.
(c)

Activities of the program
In carrying out the program established under subsection (b), the Secretary shall—
(1)
further develop and expand an exemplary streamlined permitting process that includes an online permitting platform—
(A)
for expediting, standardizing, and streamlining permitting; and
(B)
that authorities having jurisdiction may voluntarily use to receive, review, and approve permit applications relating to qualifying distributed energy systems;
(2)
establish targets for the adoption of a streamlined, expedited permitting process by authorities having jurisdiction;
(3)
provide technical assistance and training directly or indirectly to authorities having jurisdiction on using and adopting the exemplary streamlined permitting process described in paragraph (1), including the adoption of any necessary building codes;
(4)
develop a voluntary inspection protocol and related tools to expedite, standardize, and streamline the inspection of qualifying distributed energy systems, including—
(A)
by investigating the potential for using remote inspections;
(B)
by investigating the potential for sample-based inspection for distributed energy system installers with a demonstrated track record of high-quality work; and
(C)
by investigating opportunities to integrate the voluntary inspection protocol into the online permitting platform described in paragraph (1) and the platforms of government software providers; and
(5)
take any other action to expedite, standardize, streamline, or improve the process for permitting, inspecting, or interconnecting qualifying distributed energy systems.
(d)

Support services
The Secretary shall—
(1)
support the provision of technical assistance to authorities having jurisdiction, any administrator of the online permitting platform described in subsection (c)(1), government software providers, and any other entity determined appropriate by the Secretary in carrying out the activities described in subsection (c); and
(2)
provide such financial assistance as the Secretary determines appropriate from any funds appropriated to carry out this section.
(e)

Authority having jurisdiction certification program
(1)

In general
The Secretary may certify authorities having jurisdiction that implement the exemplary streamlined permitting process described in subsection (c)(1).
(2)

Process
The Secretary may confer a certification under paragraph (1) through existing programs within the Department of Energy.
(3)

Prizes
The Secretary may award prizes to authorities having jurisdiction, using funds appropriated to the Secretary to carry out this section, to encourage authorities having jurisdiction to adopt the exemplary streamlined permitting process or the voluntary inspection protocol established under paragraphs (1) and (4) of subsection (c), respectively.
(f)

Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2024 through 2027.
209.

Mitigation of the shortage of electricity transformers
There is authorized to be appropriated $2,100,000,000 for the President, acting through the Secretary of Energy, under the authority of title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.), to expand domestic manufacturing of transformers and grid components, including amorphous steel, grain-oriented electrical steel, flexible transformers, circuit breakers, switchgear and substations to serve load and interconnect generation, and inverters and optimizers to integrate the influx of distributed generators.
210.

Study of next generation highways
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall conduct, and publish a report on the results of, a study on best practices for siting high-voltage transmission lines on highway rights-of-way, including recommendations on practices—
(1)
to ensure safety;
(2)
to facilitate future highway maintenance and construction work;
(3)
to facilitate future maintenance work for the transmission lines;
(4)
to integrate transmission planning and siting into transportation planning; and
(5)
to facilitate electrical needs for light-duty, medium-duty, and heavy-duty rapid charging infrastructure on public roadways.
III

Modernization of Electricity Ratemaking
301.

Reflection of the cost of greenhouse gas emissions in rates
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further amended by adding at the end the following:
“230.

Reflection of the cost of greenhouse gas emissions in rates and charges
(a)

In general
Not later than 18 months after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Commission shall issue regulations to require public utilities to reflect the cost of greenhouse gas emissions associated with the generation, transmission, and sale of electric energy subject to the jurisdiction of the Commission in the rates and charges for such generation, transmission, and sale in accordance with this section.
(b)

Cost of greenhouse gas emissions
(1)

In general
Not later than 180 days after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Commission shall determine the cost of greenhouse gas emissions for the purpose of issuing regulations under subsection (a).
(2)

Consideration
In determining such cost of greenhouse gas emissions, the Commission, in consultation with the Administrator of the Environmental Protection Agency—
(A)
may consider—
(i)
Federal guidance or standards relating to the social cost of carbon; and
(ii)
any other generally accepted Federal, State, or other methodology for determining the cost of greenhouse gas emissions; and
(B)
shall employ a discount rate that reflects the irreversibility of climate change.
(c)

Just and reasonable
Beginning on the date on which the regulation is issued under subsection (a), no rate or charge made, demanded, or received by a public utility for or in connection with the generation, transmission, or sale of electric energy subject to the jurisdiction of the Commission may be deemed just or reasonable, under sections 205 or 206, unless such rate or charge reflects the cost of greenhouse gas emissions pursuant to the regulation issued under subsection (a).”.
302.

Facilitation of performance-based ratemaking
Section 219 of the Federal Power Act (16 U.S.C. 824s) is amended—
(1)
in subsection (a)—
(A)
by striking “this section” and inserting “the Clean Electricity and Transmission Act of 2023”;
(B)
by inserting “and resilience” after “ensuring reliability”;
(C)
by striking “and” before “reducing” and inserting a comma; and
(D)
by inserting “, and reducing the greenhouse gas emissions associated with delivered power,” after “delivered power”;
(2)
in subsection (b)—
(A)
by inserting “under this section” after “The rule”; and
(B)
in paragraph (1)—
(i)
by inserting “, resilient,” after “promote reliable”; and
(ii)
by inserting “, and the elimination of the greenhouse gas emissions associated with delivered power,” after “efficient transmission and generation of electricity”; and
(3)
in subsection (c), by inserting “on or after the date of enactment of the Clean Electricity and Transmission Act of 2023” after “joins a Transmission Organization”.
IV

Facilitation of Clean Energy Deployment on Public Land
401.

Definitions
In this title:
(1)

Covered land
The term covered land means land that is—
(A)
Federal lands administered by the Secretary; and
(B)
not excluded from the development of geothermal, solar, or wind energy under—
(i)
a land use plan; or
(ii)
other Federal law.
(2)

Energy storage project
The term energy storage project means equipment that—
(A)
receives, stores, and delivers energy using batteries, compressed air, pumped hydropower, hydrogen storage (including hydrolysis), thermal energy storage, regenerative fuel cells, flywheels, capacitors, superconducting magnets, or other technologies identified by the Secretary of Energy; and
(B)
has a capacity of not less than 5 kilowatt hours.
(3)

Exclusion area
The term exclusion area means covered land that is identified by the Bureau of Land Management as not suitable for development of wind and solar energy projects.
(4)

Federal land
The term Federal land means—
(A)
public lands; and
(B)
lands of the National Forest System as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(5)

Fund
The term Fund means the Renewable Energy Resource Conservation Fund established by section 405(c)(1).
(6)

Land use plan
The term land use plan means—
(A)
in regard to public lands, a land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B)
in regard to National Forest System lands, a land management plan approved, amended, or revised under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(7)

Priority area
The term priority area means covered land identified by the land use planning process of the Bureau of Land Management as being a preferred location for a wind and solar energy project, including a designated leasing area (as defined in section 2801.5(b) of title 43, Code of Federal Regulations (or a successor regulation)) that is identified under the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)) (or a successor regulation).
(8)

Public lands
The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(9)

Renewable energy project
The term renewable energy project—
(A)
means a project carried out on covered land that—
(i)
uses wind, solar, or geothermal energy to generate energy; or
(ii)
transmits electricity to support wind, solar, or geothermal energy generation; and
(B)
includes an energy storage project.
(10)

Secretary
The term Secretary means the Secretary of the Interior.
(11)

Variance area
The term variance area means covered land that is—
(A)
not an exclusion area;
(B)
not a priority area; and
(C)
identified through a transparent and inclusive public process by the Secretary as potentially available for wind and solar energy development that could be approved without a plan amendment, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)).
402.

Establishment of national goal for renewable energy production on Federal land
(a)

In general
Not later than January 1, 2024, the Secretary, in consultation with the Secretary of Agriculture and the head of other relevant Federal agencies, shall establish updated national goals for renewable energy production on Federal land.
(b)

Minimum production goal
The Secretary shall seek to issue permits that, in total, authorize production of not less than 60 gigawatts of electricity from wind, solar, and geothermal energy projects by not later than December 31, 2030, through management of Federal land and administration of Federal laws.
403.

Requirement for land use planning and updates to programmatic environmental impact statements
(a)

Priority areas
(1)

In general
The Secretary, in consultation with the Secretary of Energy, shall establish priority areas on covered land for solar and wind energy projects, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116–260). Among applications for a given renewable energy source, proposed projects located in priority areas for that renewable energy source shall—
(A)
be given the highest priority for incentivizing deployment thereon; and
(B)
be offered the opportunity to participate in any regional mitigation plan developed for the relevant priority areas.
(2)

Establishing priority areas
(A)

Solar energy
For solar energy, the Secretary shall finalize the document entitled “Solar Programmatic Environmental Impact Statement” (87 Fed. Reg. 75284 (December 8, 2022)), as soon as practicable, but not later than 18 months after the date of the enactment of this Act.
(B)

Wind energy
For wind energy, the Secretary shall complete a process to consider establishing additional wind priority areas as soon as practicable, but not later than 3 years, after the date of the enactment of this Act.
(b)

Variance areas
Variance areas shall be considered for wind and solar energy project development, consistent with the principles of multiple use (as defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting goal enacted by the Consolidated Appropriations Act of 2021 (Public Law 116–260). Applications for a given renewable energy source located in those variance areas shall be timely processed in order to assist in meeting that goal.
(c)

Review and modification
(1)

In general
Not less than once every 10 years, the Secretary shall—
(A)
after an opportunity for public comment, review the adequacy of land allocations for solar and wind energy priority, exclusion, and variance areas, and areas open or closed to geothermal leasing, for the purpose of encouraging and facilitating new renewable energy development opportunities while avoiding, minimizing, and compensating for adverse impacts to other public uses and values of public land, including wildlife habitat, listed species, water resources, cultural resources, recreational uses, lands with wilderness characteristics, lands with special management designations, cultural resources, and areas of Tribal importance; and
(B)
based on the review carried out under subparagraph (A), add, modify, or eliminate priority, variance, and exclusion areas, and areas open or closed to geothermal leasing.
(2)

Exception
Paragraph (1) shall not apply to the renewable energy land use planning published in the Desert Renewable Energy Conservation Plan developed by the California Energy Commission, the California Department of Fish and Wildlife, the Bureau of Land Management, and the United States Fish and Wildlife Service until January 1, 2030.
(d)

Compliance with the National Environmental Policy Act
For the purposes of this section, compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished as follows:
(1)

Geothermal energy
In regard to geothermal energy, by updating the document entitled “Final Programmatic Environmental Impact Statement for Geothermal Leasing in the Western United States”, dated October 2008, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized.
(2)

Solar energy
In regard to solar energy, by updating the document entitled “Final Programmatic Environmental Impact Statement (PEIS) for Solar Energy Development in Six Southwestern States”, dated July 2012, and incorporating any additional regional analyses that have been completed by Federal agencies since that programmatic environmental impact statement was finalized.
(3)

Wind energy
In regard to wind energy, by updating the document entitled “Final Programmatic Environmental Impact Statement on Wind Energy Development on BLM–Administered Lands in the Western United States”, dated July 2005, and incorporating any additional regional analyses that have been completed by Federal agencies since the programmatic environmental impact statement was finalized.
(e)

No effect on processing site specific applications
There shall be no changes in any requirements to conduct site specific environmental review and processing of permits for proposed projects during preparation of an updated programmatic environmental impact statement, resource management plan, or resource management plan amendment.
(f)

Coordination
In developing updates required by this section, the Secretary shall coordinate, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities to ensure that priority areas identified by the Secretary are—
(1)
economically viable (including having access to existing or planned transmission lines);
(2)
likely to avoid, minimize, and compensate for impacts to fish, wildlife, plants, and their habitats, recreation, lands with wilderness characteristics, lands with special management designations, cultural resources, areas of Tribal importance, and other uses of covered land;
(3)
prioritized on previously disturbed lands, including commercial and industrial lands, mine lands, and previously contaminated sites; and
(4)
consistent with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), including subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
404.

Limited exemptions from new requirements
(a)

Requirement To pay rents and fees
Unless otherwise agreed to by the owner of a project, the owner of a project that applied for a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2016, shall be obligated to pay with respect to the right-of-way all rents and fees in effect before the effective date of the rule of the Bureau of Land Management entitled “Competitive Processes, Terms, and Conditions for Leasing Public Lands for Solar and Wind Energy Development and Technical Changes and Corrections” (81 Fed. Reg. 92122 (December 19, 2016)).
(b)

Definition of project
In this section, the term project means a system described in section 2801.9(a)(4) of title 43, Code of Federal Regulations (as in effect on the date of the enactment of this Act).
405.

Distribution of revenues
(a)

Disposition of revenues
(1)

Availability
Except as provided in paragraph (2), beginning on January 1, 2024, of amounts collected from a wind or solar project as bonus bids, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization the following shall be made available, without further appropriation or fiscal year limitation, as follows:
(A)
25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the revenue is derived.
(B)
25 percent shall be paid by the Secretary of the Treasury to the one or more counties within the boundaries of which the revenue is derived, to be allocated among the counties based on the percentage of land from which the revenue is derived.
(C)
25 percent shall be deposited in the Treasury and be made available to the Secretary to carry out the program established under this Act, including the transfer of the funds by the Bureau of Land Management to other Federal agencies and State agencies to facilitate the processing of renewable energy permits on Federal land, with priority given to using the amounts, to the maximum extent practicable without detrimental impacts to emerging markets, to expediting the issuance of permits required for the development of renewable energy projects in the States from which the revenues are derived.
(D)
25 percent shall be deposited in the Renewable Energy Resource Conservation Fund established by subsection (c).
(2)

Exceptions
Paragraph (1) shall not apply to the following:
(A)
Amounts collected under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)).
(B)
Amounts deposited into the National Parks and Public Land Legacy Restoration Fund under section 200402(b) of title 54, United States Code.
(3)

Rulemaking for projects located in multiple States
Not later than 180 days after the date of enactment of this Act, the Secretary shall finalize a rule establishing a formula for the disposition of revenues provided under subparagraph (A) when a solar or wind energy project is located in more than one State.
(b)

Payments to states and counties
(1)

In general
Amounts paid to States and counties under subsection (a)(1) shall be used consistent with section 35 of the Mineral Leasing Act (30 U.S.C. 191).
(2)

Payments in lieu of taxes
A payment to a county under paragraph (1) shall be in addition to a payment in lieu of taxes received by the county under chapter 69 of title 31, United States Code.
(c)

Renewable energy resource conservation fund
(1)

In general
There is established in the Treasury a fund to be known as the Renewable Energy Resource Conservation Fund, which shall be administered by the Secretary, in consultation with the Secretary of Agriculture.
(2)

Use of funds
The Secretary may make amounts in the Fund available to Federal, State, local, and Tribal agencies to be distributed in regions in which renewable energy projects are located on Federal land. Such amounts may be used to—
(A)
restore and protect—
(i)
fish and wildlife habitat for affected species;
(ii)
fish and wildlife corridors for affected species; and
(iii)
wetlands, streams, rivers, and other natural water bodies in areas affected by wind, geothermal, or solar energy development; and
(B)
preserve and improve recreational access to Federal land and water in an affected region through an easement, right-of-way, or other instrument from willing landowners for the purpose of enhancing public access to existing Federal land and water that is inaccessible or restricted.
(3)

Partnerships
The Secretary may enter into cooperative agreements with State and Tribal agencies, nonprofit organizations, and other appropriate entities to carry out the activities described in paragraph (2).
(4)

Investment of fund
(A)

In general
Amounts deposited in the Fund shall earn interest in an amount determined by the Secretary of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States of comparable maturities.
(B)

Use
Interest earned under subparagraph (A) may be expended in accordance with this subsection.
(5)

Report to Congress
At the end of each fiscal year, the Secretary 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 that includes a description of—
(A)
the amount collected as described in subsection (a), by source, during that fiscal year;
(B)
the amount and purpose of payments during that fiscal year to each Federal, State, local, and Tribal agency under paragraph (2); and
(C)
the amount remaining in the Fund at the end of the fiscal year.
(6)

Intent of congress
It is the intent of Congress that the revenues deposited and used in the Fund shall supplement (and not supplant) annual appropriations for activities described in paragraph (2).
406.

Incentives for renewable energy development in priority areas
The Secretary may establish, by regulation, incentives to be provided to owners of wind and solar energy projects in priority areas established under section 403.
407.

Savings clause
Notwithstanding any other provision of this title, the Secretary shall continue to manage public lands under the principles of multiple use and sustained yield in accordance with title I of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), as applicable, including due consideration of mineral and nonrenewable energy-related projects and other nonrenewable energy uses, for the purposes of land use planning, permit processing, and conducting environmental reviews.
V

Modernization of Offshore Renewable Energy Permitting
501.

Establishment of national offshore wind permitting target
(a)

In general
The Secretary of the Interior shall, in consultation with the Secretary of Energy and other relevant Federal agencies and State governments, establish and periodically update national goals for offshore wind energy production on the Outer Continental Shelf.
(b)

Minimum Production Requirements for 2030 and 2035
Through management of the Outer Continental Shelf and administration of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Secretary of the Interior shall seek to issue permits that, in total, authorize production of electricity from offshore wind energy projects of not less than—
(1)
30 gigawatts of electricity by not later than 2030; and
(2)
50 gigawatts of electricity by not later than 2035.
502.

Increased responsible development of offshore renewable energy projects
(a)

Definitions
Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended—
(1)
in the second subsection (r), as added by section 50251(b)(1)(A)(iv) of Public Law 117–169—
(A)
by redesignating such subsection (r) as subsection (t); and
(B)
by inserting after the enumerator “State.—”; and
(2)
by adding at the end the following:
“(u)

Offshore renewable energy project
The term offshore renewable energy project means a project to carry out an activity described in section 8(p)(1)(C) related to wind, solar, wave, or tidal energy.”.
(b)

National Policy for the Outer Continental Shelf
Section 3 of the Outer Continental Shelf Lands Act (43 U.S.C. 1332) is amended—
(1)
by amending paragraph (3) to read as follows:
“(3)
the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, which should be made available for expeditious and orderly development, subject to environmental safeguards and coexistence with other ocean users, in a manner which includes—
(A)
supporting the generation, transmission, and storage of zero-emission electricity; and
(B)
the maintenance of competition and other national needs, including the need to achieve State and Federal zero-emission electricity or renewable energy mandates, targets, and goals;”;
(2)
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and
(3)
by inserting after paragraph (4) the following:
“(5)
the identification, development, and production of lease areas for offshore renewable energy projects should be determined by a robust and transparent stakeholder process that incorporates engagement and input from a diverse group of ocean users and other impacted stakeholders, and Federal, State, Tribal, and local governments;”.
(c)

Leases, Easements, and Rights-of-Way on the Outer Continental Shelf
Section 8(p) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) is amended—
(1)
in paragraph (2)—
(A)
in subparagraph (B)—
(i)
by striking “27” and inserting “17”;
(ii)
by striking “three” and inserting “100”; and
(iii)
by striking “15” and inserting “100”; and
(B)
by adding at the end the following:
“(C)

Payments for conservation and mitigation activities
(i)

In general
Notwithstanding section 9, the Secretary shall, without appropriation or fiscal year limitation, use 10 percent of the revenue received by the Federal Government from royalties, fees, rents, bonuses, and other payments from any lease, easement, or right-of-way granted under this subsection to provide grants to—
(I)
State, local, and Tribal governments, and regional partnerships thereof, including Regional Ocean Partnerships, Regional Wildlife Science Collaboratives, and other similar organizations; and
(II)
nonprofit organizations.
(ii)

Use of grants
Grants provided under clause (i) shall be used for carrying out activities related to marine and coastal habitat protection and restoration, mitigation of damage to natural resources and marine life that results from activities authorized by this subsection, relevant research and data sharing initiatives, or increasing the organizational capacity of an entity described in subclause (I) or (II) of clause (i) to increase the effectiveness of entities that carry out such activities.
(D)

Offshore renewable energy compensation fund
Notwithstanding section 9, the Secretary shall, without appropriation or fiscal year limitation, deposit 10 percent of the revenue received by the Federal Government from royalties, fees, rents, bonuses, and other payments from any lease, easement, or right-of-way granted under this subsection into the Offshore Renewable Energy Compensation Fund established under section 34.”;
(2)
by amending paragraph (3) to read as follows:
“(3)

Leasing
(A)

Competitive or noncompetitive basis
The Secretary shall issue a lease, easement, or right-of-way under paragraph (1) on a competitive basis unless the Secretary determines after public notice of a proposed lease, easement, or right-of-way that there is no competitive interest.
(B)

Schedule of offshore renewable energy lease sales
The Secretary shall, after providing an opportunity for public notice and comment, publish and periodically update a schedule of areas that may be available for leasing in the future for offshore renewable energy projects, indicating, to the extent possible, the timing of site identification activities, the timing of designation of any area to be leased, the anticipated size of such areas, the timing of lease sales, and the location of leasing activities.
(C)

Multi-factor bidding
(i)

In general
The Secretary may consider non-monetary factors when competitively awarding leases under paragraph (1), which may include commitments made by the bidder to—
(I)
support educational, training, and skills development, including supporting or increasing access to registered apprenticeship programs and pre-apprenticeship programs that have an articulation agreement with a registered apprenticeships program for offshore renewable energy projects;
(II)
support development of domestic supply chains for offshore renewable energy projects, including development of ports and other energy infrastructure necessary to facilitate offshore renewable energy projects;
(III)
establish a community benefit agreement with one or more community or stakeholder groups that may be impacted by the development and operation of an offshore renewable energy project, which may include covered entities;
(IV)
make investments to evaluate, monitor, improve, and mitigate impacts to the health and biodiversity of ecosystems and wildlife from the development and operation of an offshore renewable energy project;
(V)
support the development and use of shared transmission infrastructure connecting to offshore renewable energy projects; and
(VI)
make other investments determined appropriate by the Secretary.
(ii)

Contractual commitments
When considering non-monetary factors under this subparagraph, the Secretary may—
(I)
evaluate the quality of commitments made by the bidder; and
(II)
reward finalized binding agreements above assurances for future commitments.
(iii)

Definitions
In this subparagraph:
(I)

Covered entity
The term covered entity has the meaning given such term in section 34(k).
(II)

Registered apprenticeship program
The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).”;
(3)
by amending paragraph (4) to read as follows:
“(4)

Requirements
(A)

In general
The Secretary shall ensure that any activity under this subsection is carried out in a manner that provides for—
(i)
safety;
(ii)
protection of the environment, which includes facilitation of the generation, transmission, and storage of zero-emission electricity;
(iii)
prevention of waste;
(iv)
conservation of the natural resources of the outer Continental Shelf;
(v)
coordination with relevant Federal agencies and State, Tribal, and local governments;
(vi)
protection of national security interests of the United States;
(vii)
protection of correlative rights in the outer Continental Shelf;
(viii)
a fair return to the United States for any lease, easement, or right-of-way under this subsection;
(ix)
reasonable uses (as determined by the Secretary) of the exclusive economic zone, the high seas, and the territorial seas;
(x)
consideration of—
(I)
the location of, and any schedule relating to, a lease, easement, or right-of-way for an area of the outer Continental Shelf; and
(II)
any other use of the sea or seabed, including use for a fishery, a sealane, a potential site of a deepwater port, or navigation;
(xi)
public notice and comment on any proposal submitted for a lease, easement, or right-of-way under this subsection;
(xii)
oversight, inspection, research, monitoring, and enforcement relating to a lease, easement, or right-of-way under this subsection; and
(xiii)
satisfaction of any applicable State and Federal renewable and clean energy mandates, targets, and goals.
(B)

Project labor agreements
(i)

In general
Beginning not later than January 1, 2025, the Secretary shall require, as a term or condition of each lease, right-of-way, and easement, as applicable, for an offshore renewable energy project that the holder of the lease, right-of-way, or easement, (and any successor or assignee) and its agents, contractors, and subcontractors engaged in the construction of any facilities for such offshore renewable energy project agree, for purposes of such construction, to negotiate and become a party to a project labor agreement with one or more labor organizations. A project labor agreement shall bind all contractors and subcontractors on the project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents. The Secretary shall not approve a construction and operations plan with respect to any offshore renewable energy project until being assured by the lessee that such project labor agreement will be maintained for the duration of the project.
(ii)

Definitions
In this subparagraph:
(I)

Construction
The term construction includes reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of any facility, structure, or other real property (including any onshore facilities) for an offshore renewable energy project.
(II)

Labor organization
The term labor organization means a labor organization as defined in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5))—
- (aa)
of which building and construction employees are members; and
- (bb)
that directly, or through its affiliates, sponsors a registered apprenticeship program.
(III)

Project labor agreement
The term project labor agreement means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in section 8(e) and (f) of the National Labor Relations Act (29 U.S.C. 158(f)).
(IV)

Registered apprenticeship program
The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(C)

Domestic content
(i)

In general
With respect to the construction of facilities for an offshore renewable energy project that begins after January 1, 2032, the Secretary shall require that—
(I)
all structural iron and steel products that are (upon completion of construction) components of such facilities for an offshore renewable energy project shall be produced in the United States; and
(II)
not less than 80 percent of the total costs of all manufactured products that are (upon completion of construction) components of such facilities shall be attributable to manufactured products which are mined, produced, or manufactured in the United States.
(ii)

Waiver
The Secretary may waive the requirements of clause (i) in any case or category of cases in which the Secretary finds that—
(I)
applying clause (i) would be inconsistent with the public interest;
(II)
such products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(III)
the use of such products will increase the cost of the overall project by more than 25 percent.
(iii)

Public notification
If the Secretary receives a request for a waiver under this subparagraph, the Secretary shall make available to the public a copy of the request and information available to the Secretary concerning the request, and shall allow for informal public input on the request for at least 15 business days prior to making a finding based on the request. The Secretary shall make the request and accompanying information available to the public by electronic means, including on the official public Internet site of the Department of the Interior.
(iv)

International agreements
This paragraph shall be applied in a manner consistent with United States obligations under international agreements.”;
(4)
by amending paragraph (7) to read as follows:
“(7)

Coordination and consultation
The Secretary shall provide for coordination and consultation with—
(A)
the Governor of any State or the executive of any local government that may be affected by a lease, easement, or right-of-way under this subsection; and
(B)
Indian Tribes (following the procedures of the President’s Memorandum of Uniform Standards for Tribal Consultation, issued on November 30, 2022 (87 Fed. Reg. 74479), or any subsequent order) before undertaking any activities under this subsection that may have a direct, indirect, or cumulative impact on—
(i)
the land, including allotted, ceded, or traditional land, or interests in such land of an Indian Tribe or member of an Indian Tribe;
(ii)
Tribal land, cultural practices, resources, or access to traditional areas of cultural or religious importance;
(iii)
any part of any Federal land that shares a border with Indian country, as such term is defined in section 1151 of title 18, United States Code;
(iv)
the protected rights of an Indian Tribe, whether or not such rights are enumerated in a treaty, including water, hunting, gathering, and fishing rights;
(v)
the ability of an Indian Tribe to govern or provide services to members of the Indian Tribe;
(vi)
the relationship between the Federal Government and an Indian Tribe; or
(vii)
the trust responsibility of the Federal Government to an Indian Tribe.”;
(5)
by amending paragraph (10) to read as follows:
“(10)

Applicability
(A)

In general
This subsection does not apply to any area on the outer Continental Shelf within the exterior boundaries of any unit of the National Park System, National Wildlife Refuge System, or National Marine Sanctuary System, or any National Monument.
(B)

Certain transmission infrastructure
(i)

In general
Notwithstanding subparagraph (A), if otherwise authorized pursuant to the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.), the Secretary may issue a lease, easement, or right-of-way to enable the transmission of electricity generated by an offshore renewable energy project.
(ii)

Terms and conditions
In issuing a lease, easement, or right-of-way under clause (i), the Secretary may approve and regulate the construction and operation of such transmission facilities (including electrical substations and other related infrastructure) for the transmission of electricity generated by such projects in a manner that minimizes environmental impacts.
(iii)

Coordination
In regulating the construction and operation of transmission facilities and related infrastructure under clause (ii), the Secretary shall coordinate with the Secretary of Commerce to ensure the duration of any necessary authorizations of such facilities under the National Marine Sanctuaries Act aligns with the duration of the relevant leases, easements, or rights-of-way issued under clause (i).”; and
(6)
by adding at the end the following:
“(11)

Planning area impact studies
(A)

In general
Beginning three years after the date of enactment of this paragraph, before holding any lease sale pursuant to paragraph (1) for an area, the Secretary shall conduct a study of such area, or the wider planning area that includes such area, in order to establish information needed for assessment and management of the environmental impacts on the human, marine, and coastal environments of the outer Continental Shelf and the coastal areas which may be affected by offshore renewable energy projects in such area or planning area.
(B)

Inclusions
A study conducted under subparagraph (A) shall—
(i)
incorporate the best available existing science and data;
(ii)
identify areas for which there is insufficient science and data; and
(iii)
include consideration of the cumulative impacts (including potential navigational impacts) of offshore renewable energy projects on human, marine, and coastal environments.
(C)

Use of data and assessments
The Secretary shall use the data and assessments included in studies conducted under this paragraph, as appropriate, when deciding—
(i)
which portions of an area or region are most appropriate to make available for leasing; and
(ii)
whether to issue any permit or other authorization that is necessary to carry out an offshore renewable energy project.
(D)

NEPA applicability
The Secretary shall not consider a study conducted under subparagraph (A) to be a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(12)

Capacity building and community engagement
(A)

In general
The Secretary, in consultation with the Secretary of Commerce, may award grants to entities to build organizational capacity and enhance engagement opportunities related to offshore renewable energy project development, including environmental reviews and permitting activities of such projects.
(B)

Purposes
Grants awarded under subparagraph (A) shall be used by entities to—
(i)
enable States, Indian Tribes, affected ocean users, and nonprofit associations that represent affected ocean users to compile data, conduct analyses, educate stakeholders, and complete other activities relating to offshore renewable energy project development;
(ii)
engage in planning activities and in the development of offshore wind projects for the purposes of—
(I)
determining potential economic, social, public health, and environmental benefits and impacts; and
(II)
identifying opportunities to mitigate such impacts;
(iii)
facilitate siting of offshore renewable energy projects and associated electric transmission infrastructure; and
(iv)
hire and train personnel, and other activities designed to increase the capacity of States, Indian Tribes, and nonprofit associations, as applicable, to carry out activities described in clauses (i) through (iii).
(C)

Prioritization
When awarding grants under subparagraph (A), the Secretary shall prioritize awarding grants that will be used to build organizational capacity and enhance community engagement opportunities of Indian Tribes.
(D)

Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this paragraph $25,000,000 for each of fiscal years 2024 through 2028.”.
(d)

Reservations
Section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)) is amended to read as follows—
“(a)

Withdrawal of unleased lands by the President
(1)

In general
The President of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.
(2)

Reversal for certain offshore renewable energy projects
With respect to a withdrawal under paragraph (1) of unleased lands from disposition, the President may reverse such a withdrawal only to allow for leasing under section (8)(p)(1)(C) and only if the President determines that environmental, national security, or national or regional energy conditions or demands have changed such that a reversal would be in the public interest.”.
(e)

Citizen Suits, Court Jurisdiction, and Judicial Review
Section 23(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(c)(2)) is amended to read as follows:
“(2)
Any action of the Secretary to approve, require modification of, or disapprove any exploration plan or development and production plan under this Act, or any plan, final lease, easement, or right-of-way granted pursuant to section (8)(p)(1) (and any related final Federal agency actions), shall be subject to judicial review only in a United States court of appeals for a circuit in which an affected State is located.”.
(f)

Updating regulations
Not later than 270 days after the date of enactment of this section, the Secretary of the Interior shall issue any necessary regulations to carry out this section and the amendments made by this section.
503.

Establishment of Offshore Renewable Energy Compensation Fund
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:
“34.

Offshore Renewable Energy Compensation Fund
(a)

Establishment
There is established in the Treasury of the United States the Offshore Renewable Energy Compensation Fund, which shall be used by the Secretary, or a third-party the Secretary enters into a contract with, to provide to covered entities—
(1)
payments for claims—
(A)
described under subsection (f)(1); and
(B)
verified pursuant to subsection (d)(1); and
(2)
grants to carry out mitigation activities described in subsection (f)(2).
(b)

Availability of fund
The Fund shall be available to the Secretary without fiscal year limitations for the purpose of providing payments and grants under subsection (a).
(c)

Accounts
The Fund shall—
(1)
consist of the royalties, fees, rents, bonuses, and other payments deposited under section 8(p)(2)(D); and
(2)
be divided into separate area accounts from which payments and grants shall be provided based on the area in which damages occur.
(d)

Regulations
The Secretary shall establish, by regulation, a process to—
(1)
file, process, and verify claims for purposes of providing payments under subsection (a)(1); and
(2)
apply for a grant provided under subsection (a)(2).
(e)

Payment amount
Payments provided under subsection (a)(1) shall—
(1)
be based on the scope of the verified claim;
(2)
be fair and provided efficiently and in a transparent manner; and
(3)
if the covered entity receiving the payment has or will receive direct compensation for the verified claim pursuant to a community benefit agreement or other agreement between such covered entity and a holder of a lease, easement, or right-of-way, be reduced by an amount that is equal to the amount of such direct compensation.
(f)

Claims; mitigation grants
(1)

Claims
A payment may be provided under subsection (a)(1) for a verified claim to—
(A)
replace or repair gear that was lost or damaged by the development, construction, operation, or decommissioning of an offshore renewable energy project; or
(B)
replace income that was lost from the development, construction, operation, or decommissioning of an offshore renewable energy project.
(2)

Mitigation grants
If the Secretary determines that there are sufficient amounts in an area account of the Fund to provide payments for all verified claims at any given time, the Secretary may use amounts in the Fund to provide grants to covered entities, and other entities determined appropriate by the Secretary, to mitigate the potential effects of development, construction, operation, and decommissioning of an offshore renewable energy project, including by paying for gear changes, navigation technology improvements, and other measures to enhance the safety and resiliency of the covered entities near an offshore renewable energy project.
(g)

Advisory group
(1)

In general
The Secretary shall establish and regularly convene an advisory group that shall provide recommendations on the development and administration of this section.
(2)

Membership
The advisory group shall—
(A)
be comprised of individuals—
(i)
appointed by the Secretary; and
(ii)
representing the geographic diversity of areas impacted by the development, construction, operation, or decommissioning of offshore renewable energy projects; and
(B)
include representatives from—
(i)
recreational fishing interests;
(ii)
commercial fishing interests;
(iii)
Tribal fishing interests;
(iv)
the National Marine Fisheries Services;
(v)
the fisheries science community; and
(vi)
other fields of expertise necessary to effectively develop and administer this section, as determined by the Secretary.
(3)

Travel expenses
The Secretary may provide amounts to any member of the advisory group to pay for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under section 5703 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the advisory group.
(h)

Insufficient funds
(1)

In general
If the Secretary determines that an area account does not contain a sufficient amount to provide payments under subsection (a)(1), the Secretary may, not more than once each calendar year, require any holder of an offshore renewable energy lease located within the area covered by the area account to pay an amount specified by the Secretary, which shall be deposited into such area account.
(2)

Amount
No holder of an offshore renewable energy lease shall be required to pay an amount under paragraph (1) in excess of $3 per acre of the leased land described in paragraph (1).
(i)

Administrative expenses
The Secretary may use up to 15 percent of the amount deposited into the Fund under section 8(p)(2)(D) during a given fiscal year for administrative expenses to carry out this section.
(j)

Annual report
The Secretary shall submit to Congress, and make publicly available, an annual report on activities carried out under this section, including a description of claims filed and the amount of payments and grants provided.
(k)

Definitions
In this section:
(1)

Covered entity
The term covered entity means—
(A)
a community, stakeholder, or Tribal interest—
(i)
that uses a geographic space of a lease area, or uses resources harvested from a geographic space of a lease area; and
(ii)
for which such use is directly and adversely impacted by the development, construction, operation, or decommissioning of an offshore renewable energy project located in such leased area; or
(B)
a regional association, cooperative, non-profit organization, commission, or corporation that—
(i)
serves a community, stakeholder, or Tribal interest described in subparagraph (A); and
(ii)
acts on behalf of such a community, stakeholder, or Tribal interest for purposes of this section, including by submitting a claim for a covered entity.
(2)

Fund
The term Fund means the Offshore Renewable Energy Compensation Fund established under subsection (a).
(3)

Lease area
The term lease area means an area covered by an offshore renewable energy lease.
(4)

Offshore renewable energy lease
The term offshore renewable energy lease means a lease, easement, or right-of-way granted under section 8(p)(1)(C).”.
VI

Empowerment of Communities
601.

Establishment of Office of Environmental Justice and External Civil Rights
(a)

Establishment
The Administrator of the Environmental Protection Agency shall maintain within the Environmental Protection Agency an Office of Environmental Justice and External Civil Rights (referred to in this section as the Office)—
(1)
to lead the agency-wide effort of the Environmental Protection Agency in addressing the needs of communities with environmental justice concerns;
(2)
to maximize the benefits of programs and activities of the Environmental Protection Agency to communities with environmental justice concerns; and
(3)
to enforce title VI of the Civil Rights Act of 1964 and other Federal civil rights laws, which together prohibit discrimination by applicants for and recipients of financial assistance from the Environmental Protection Agency.
(b)

Assistant Administrator for Environmental Justice and External Civil Rights
The Office shall be led by an Assistant Administrator for Environmental Justice and External Civil Rights (referred to in this section as the Assistant Administrator), to be appointed by the President, with the advice and consent of the Senate.
(c)

Duties
The duties of the Office shall include—
(1)
supporting the mission of the Environmental Protection Agency by providing leadership on environmental justice and external civil rights in the programs and activities of the Environmental Protection Agency, in collaboration with other Federal agencies and partners;
(2)
coordinating implementation of the environmental justice and external civil rights programs and activities described in paragraph (1) across—
(A)
national programs and regions of the Environmental Protection Agency; and
(B)
partnerships the Environmental Protection Agency has with other agencies and partners in State, Tribal, and local governments and communities;
(3)
providing resources and other technical assistance on civil rights and environmental justice to partners in State, Tribal, and local governments and communities;
(4)
engaging with communities with environmental justice concerns;
(5)
providing support for community-led action relating to environmental justice; and
(6)
providing service and expertise in alternative dispute resolution, environmental conflict resolution, consensus-building, and collaborative problem solving through the Conflict Prevention and Resolution Center of the Environmental Protection Agency.
602.

Establishment of White House Environmental Justice Interagency Council
(a)

In general
The President shall maintain within the Executive Office of the President a White House Environmental Justice Interagency Council (referred to in this section as the Council).
(b)

Purposes
The purposes of the Council are—
(1)
to improve coordination and collaboration among agencies and to help advise and assist agencies in identifying and addressing, as appropriate, the disproportionate human health and environmental effects of Federal programs, policies, practices, and activities on communities of color, low-income communities, and Tribal and Indigenous communities;
(2)
to promote meaningful involvement and due process in the development, implementation, and enforcement of environmental laws;
(3)
to coordinate with, and provide direct guidance and technical assistance to, environmental justice communities, with a focus on increasing—
(A)
community understanding of the science, regulations, and policy related to agency actions on environmental justice issues; and
(B)
community capacity to address environmental justice issues;
(4)
to address environmental health, pollution, and public health burdens in environmental justice communities, and build healthy, sustainable, and resilient communities;
(5)
to develop and update an interagency Federal environmental justice strategy, as described in subsection (g)(1);
(6)
to annually publish a public performance scorecard, as described in subsection (g)(2); and
(7)
to support and facilitate interagency collaboration on Federal and State programs and activities related to environmental justice, including the development of materials for environmental justice training to build the capacity of Federal employees to advance environmental justice and to increase the meaningful participation of individuals from communities with environmental justice concerns in Federal activities.
(c)

Composition
(1)

In general
The Council shall be composed of individuals described in the text amended by section 7(a) of Executive Order 14096 (88 Fed. Reg. 25251; relating to Revitalizing Our Nation’s Commitment to Environmental Justice for All).
(2)

Additional members
The Council may include additional individuals from independent agencies, including individuals from the Nuclear Regulatory Commission and the Federal Energy Regulatory Commission, as determined appropriate by the Chair of the Council on Environmental Quality (referred to in this section as the “Chair”).
(d)

Governance
The Chair shall serve as a member and Chairperson of the Council.
(e)

Reporting to President
The Council shall report to the President through the Chair.
(f)

Uniform consideration guidance
(1)

In general
To ensure that there is a common level of understanding of terminology used in dealing with environmental justice issues, not later than 1 year after the date of enactment of this Act, after coordinating with and conducting outreach to environmental justice communities, State governments, Tribal Governments, and local governments, the Council shall develop and publish in the Federal Register a guidance document to assist agencies in defining and applying terms relating to—
(A)
health disparities;
(B)
environmental exposure disparities;
(C)
demographic characteristics, including age, sex, race, and ethnicity;
(D)
social stressors, including poverty, housing quality, access to health care, education, immigration status, linguistic isolation, historical trauma, and lack of community resources;
(E)
cumulative effects or risks;
(F)
community vulnerability or susceptibility to adverse human health and environmental effects, including climate change;
(G)
barriers to meaningful involvement in the development, implementation, and enforcement of environmental laws; and
(H)
community capacity to address environmental concerns, including the capacity to obtain equitable access to environmental amenities.
(2)

Public comment
For a period of not less than 60 days, the Chair shall seek public comment on the guidance document developed under paragraph (1).
(g)

Development of interagency Federal environmental justice strategy
(1)

In general
Not later than 1 year after the date of enactment of this section, after notice and opportunity for public comment, the Council, in consultation with the White House Environmental Justice Advisory Council and local environmental justice leaders, shall develop a coordinated interagency Federal environmental justice strategy to address current and historical environmental injustice, which shall include clear performance metrics to ensure accountability. The Council shall update said strategy not less frequently than once every 3 years, after notice and opportunity for public comment.
(2)

Annual performance scorecard
The Council shall annually publish a public performance scorecard on the implementation of the interagency Federal environmental justice strategy.
(h)

Submission of report to President
(1)

In general
Not later than 180 days after updating the interagency Federal environmental justice strategy under subsection (g)(1), the Chair shall submit to the President a report that contains a description of the implementation of the interagency Federal environmental justice strategy.
(2)

Public availability
The head of each agency that is a member of the Council shall make each report described in paragraph (1) available to the public (including by posting a copy of the report on the website of each agency).
(i)

Administration
(1)

Office of Administration
The Office of Administration within the Executive Office of the President shall provide funding and administrative support for the Council, to the extent permitted by law and within existing appropriations.
(2)

Other agencies
To the extent permitted by law and subject to the availability of appropriations, the Secretary of Labor, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency shall provide administrative support for the Council, as necessary.
(j)

Meetings and staff
(1)

Chairperson
The Chair shall—
(A)
convene regular meetings of the Council;
(B)
determine the agenda of the Council in accordance with this section; and
(C)
direct the work of the Council.
(2)

Executive Director
The Chair shall designate an Executive Director of the Council, who shall coordinate the work of, and head any staff assigned to, the Council.
(k)

Officers
To facilitate the work of the Council, the head of each agency that is a member of the Council shall designate an Environmental Justice Officer within the agency, with the authority—
(1)
to represent the agency on the Council; and
(2)
to perform such other duties relating to the implementation of this section within the agency as the head of the agency determines to be appropriate.
(l)

Establishment of subgroups
At the direction of the Chair, the Council may establish 1 or more subgroups consisting exclusively of Council members or their designees under this section, as appropriate.
603.

Prohibition on disparate impact discrimination
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended—
(1)
by striking “No” and inserting “(a) No”; and
(2)
by adding at the end the following:
“(b)
(1)
(A)
Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title if—
(i)
an entity subject to this title (referred to in this title as a “covered entity”) has a program, policy, practice, or activity that causes a disparate impact on the basis of race, color, or national origin and the covered entity fails to demonstrate that the challenged program, policy, practice, or activity is related to and necessary to achieve the nondiscriminatory goal of the program, policy, practice, or activity alleged to have been operated in a discriminatory manner; or
(ii)
a less discriminatory alternative program, policy, practice, or activity exists, and the covered entity refuses to adopt such alternative program, policy, practice, or activity.
(B)
With respect to demonstrating that a particular program, policy, practice, or activity does not cause a disparate impact, the covered entity shall demonstrate that each particular challenged program, policy, practice, or activity does not cause a disparate impact, except that if the covered entity demonstrates to the courts that the elements of the covered entity’s decision-making process are not capable of separation for analysis, the decision-making process may be analyzed as 1 program, policy, practice, or activity.
(2)
A demonstration that a program, policy, practice, or activity is necessary to achieve the goals of a program, policy, practice, or activity may not be used as a defense against a claim of intentional discrimination under this title.
(3)
No person in the United States shall be subjected to discrimination, including retaliation or intimidation, because such person opposed any program, policy, practice, or activity prohibited by this title, or because such person made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.
(4)
In this subsection—
(A)
the term demonstrates means to meet the burdens of going forward with the evidence and of persuasion; and
(B)
the term disparate impact means an action or practice that, even if appearing neutral, actually has the effect of subjecting persons to discrimination on the basis of their race, color, or national origin.”.
604.

Provision for right of action
(a)

In general
Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–1) is amended—
(1)
by inserting “(a)” before “Each Federal department and agency which is empowered”; and
(2)
by adding at the end the following:
“(b)
Any person aggrieved by the failure to comply with this title, including any regulation promulgated pursuant to this title, may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties.”.
(b)

Effective date
(1)

In general
This section, including the amendments made by this section, takes effect on the date of enactment of this Act.
(2)

Application
This section, including the amendments made by this section, applies to all actions or proceedings pending on or after the date of enactment of this Act.
605.

Provision for rights of recovery
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by inserting after section 602 the following:
“602A.

Actions brought by aggrieved persons
(a)

Claims based on proof of intentional discrimination
In an action brought by an aggrieved person under this title against an entity subject to this title (referred to in this section as a “covered entity”) who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the aggrieved person may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs of the action, except that punitive damages are not available against a government, government agency, or political subdivision.
(b)

Claims based on the disparate impact standard of proof
In an action brought by an aggrieved person under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including implementing regulations), the aggrieved person may recover attorney’s fees (including expert fees), and costs of the action.
(c)

Definitions
In this section:
(1)

Aggrieved person
The term aggrieved person means a person aggrieved by discrimination on the basis of race, color, or national origin.
(2)

Disparate action
The term disparate impact means an action or practice that, even if appearing neutral, actually has the effect of subjecting persons to discrimination on the basis of their race, color, or national origin.”.
606.

Requirement for community impact reports
(a)

Purpose
The purpose of this section is to establish additional protections relating to Federal actions affecting environmental justice communities in recognition of the disproportionate burden of adverse environmental and public health impacts faced by such communities.
(b)

Preparation of a community impact report
(1)

In general
A lead agency proposing to take a Federal action shall prepare and make publicly available a community impact report that assesses the potential for the proposed Federal action to have adverse environmental and public health impacts on environmental justice communities.
(2)

Contents
(A)

In general
A community impact report described in paragraph (1) shall—
(i)
assess the degree to which the proposed Federal action has the potential to cause multiple exposures or cumulative exposure to human health or environmental hazards that influence, exacerbate, or contribute to adverse health outcomes of any affected environmental justice communities;
(ii)
assess relevant public health data and industry data concerning how the proposed Federal action may affect the potential for multiple exposures or cumulative exposure to human health or environmental hazards in the geographic area of the affected environmental justice community;
(iii)
assess legacy pollution in the geographic area of any affected environmental justice community, including historical patterns of exposure to human health or environmental hazards;
(iv)
assess the impact of the proposed Federal action on the ability of any affected environmental justice community to access public parks, outdoor spaces, and public recreation opportunities;
(v)
evaluate alternatives to and mitigation measures for the proposed Federal action that will—
(I)
eliminate or reduce any exposure to human health and environmental hazards assessed under clause (i) to a level that is reasonably expected to avoid human health impacts from such exposure in the geographic area of any affected environmental justice community; and
(II)
not negatively impact the ability of any affected environmental justice community to access public parks, outdoor spaces, and public recreation opportunities;
(vi)
analyze any alternative developed by members of an affected environmental justice community that meets the purpose and need to which the agency is responding in proposing the alternatives, including the proposed action;
(vii)
assess the impact of the proposed Federal action on access to reliable energy and on electricity prices for low-income communities, minority communities, Indian Tribes, and senior citizens;
(viii)
assess the impact of the proposed Federal action on the potential for drought, domestic food availability, and domestic food prices; and
(ix)
assess the impact of the proposed Federal action on the ability of the Federal Government to achieve the carbon pollution reduction and elimination goals established under Executive Order 14057 (86 Fed. Reg. 70935; relating to Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability).
(B)

Scope of assessments, evaluation, and analysis
In assessing, evaluating, and analyzing the matters described in clauses (i) through (vi) of subparagraph (A), the lead agency shall assess multiple and cumulative effects, including effects that are not within the control of the lead agency or any participating Federal agencies.
(3)

Delegation
A lead agency may not delegate responsibility for the preparation of a community impact report described in paragraph (1) to any non-Federal entity. This paragraph does not affect the ability of a lead agency to enter into a contract with a third party to assist with the preparation of a community impact report described in paragraph (1).
(4)

Agency determination
Any determination by a lead agency related to any assessment, evaluation, or analysis included in a community impact report described in paragraph (1) shall be subject to judicial review to the same extent as any other analysis performed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
607.

Engagement with environmental justice communities and Indian Tribes in NEPA Reviews
(a)

National environmental policy act requirements for environmental justice communities
(1)

In general
When carrying out the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by preparing an environmental document for a proposed Federal action that may have reasonably foreseeable adverse public health or environmental impacts on an environmental justice community, a lead agency shall—
(A)
hold a public comment period carried out during the scoping for the Federal action for not less than 90 days;
(B)
provide early and meaningful opportunities for any affected environmental justice community to be involved in the environmental review process of the proposed Federal action by—
(i)
holding multiple hearings in each affected environmental justice community regarding the proposed Federal action in each language spoken by more than 5 percent of the population of each affected environmental justice community, at times and locations that are accessible to members of such affected environmental justice communities; and
(ii)
providing notice to any representative entities or organizations present in any affected environmental justice community of any step or action in the process related to the preparation of any environmental document for the proposed Federal action that involves public participation, which may include providing notice to—
(I)
local religious organizations;
(II)
civic associations and organizations;
(III)
business associations of people of color;
(IV)
environmental organizations and environmental justice organizations, including community-based grassroots organizations led by people of color;
(V)
homeowners, tenants, and neighborhood watch groups;
(VI)
local governments and Tribal Governments;
(VII)
rural cooperatives;
(VIII)
business and trade organizations;
(IX)
community and social service organizations;
(X)
universities, colleges, and vocational schools;
(XI)
labor and other worker organizations;
(XII)
civil rights organizations;
(XIII)
senior citizens’ groups; and
(XIV)
public health agencies and clinics;
(C)
provide translations of any environmental documents made publicly available pursuant to that Act in any language spoken by more than 5 percent of the population of an affected environmental justice community; and
(D)
consider all potential direct, indirect, and cumulative impacts caused by the action, alternatives to such action, and mitigation measures on the environmental justice community required by that Act.
(2)

Communication methods and requirements
Any notice provided under paragraph (1)(B)(ii) shall be provided—
(A)
through communication methods that are accessible to the environmental justice community, which may include electronic media, virtual meetings, newspapers, radio, direct mailings, canvassing, and other outreach methods particularly targeted at communities of color, low-income communities, and Tribal and Indigenous communities; and
(B)
at least 30 days before the applicable public comment period or hearing is held.
(b)

National environmental policy act requirements for Indian tribes
When carrying out the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by preparing an environmental document for a proposed Federal action that may affect an Indian Tribe, a lead agency shall—
(1)
seek Tribal representation in the process in a manner that is consistent with the government-to-government relationship between the United States and Tribal Governments, the Federal Government’s trust responsibility to Indian Tribes, and any treaty rights; and
(2)
invite affected Indian Tribes to be cooperating agencies under section 107(a)(3) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(a)(3)), including with regard to any Federal action that could impact off reservation lands and sacred sites, not later than the date on which the scoping process for a proposed Federal action requiring the preparation of an environmental document commences.
608.

Requirement of notices of intent to prepare environmental documents
(a)

Notices of intent To prepare environmental documents
When the lead agency publishes a notice of intent to prepare an environmental impact statement or an environmental assessment for a Federal action, the lead agency shall include in such notice of intent the following:
(1)
A description of the proposed Federal action.
(2)
An outline of the anticipated schedule for completing the process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), with a description of key milestones.
(3)
To the extent possible, an initial list of other existing or proposed sources of multiple or cumulative exposure to environmental hazards that contribute to higher rates of serious illnesses within any affected environmental justice community.
(4)
An agency point of contact, or the points of contact if there is more than one lead agency.
(5)
Identification of locations where comments will be received or hearings held, if known as of the date on which the notice of intent is published.
(6)
Any telephone number or locations where further information with respect to the preparation of the environmental document can be obtained.
(b)

Effective date
Subsection (a) shall take effect 1 year after the date of enactment of this Act.
609.

Avoidance of cumulative impacts through NEPA
(a)

Revision
Section 101(a) of the National Environmental Policy Act of 1969 (42 U.S.C. 4331(a)) is amended—
(1)
by striking “man’s” and inserting “human”; and
(2)
by striking “man” each place it appears and inserting “humankind”.
(b)

Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended—
(1)
by striking “The Congress authorizes and directs that, to the fullest extent possible:” and inserting “The Congress authorizes and directs that, notwithstanding any other provision of law and to the fullest extent possible:”; and
(2)
in paragraph (2)—
(A)
in subparagraph (A), by striking “man’s” and inserting “the human”;
(B)
in subparagraph (C)—
(i)
in clause (iii), by inserting “and that, where applicable, do not cause or contribute to adverse cumulative effects, including effects caused by exposure to environmental pollution, on an overburdened community that are higher than those borne by other communities within the State, county, or other geographic unit of analysis as determined by the agency preparing or having taken primary responsibility for preparing the environmental document pursuant to this Act, except that where the agency determines that an alternative will serve a compelling public interest in the affected overburdened community with conditions to protect public health” after “purpose and need of the proposal”; and
(ii)
in clause (iv)—
(I)
by striking “man’s” and inserting “humankind’s”; and
(II)
by striking the “and” at the end;
(C)
in subparagraph (F), by inserting “that are consistent with subparagraph (C)(iii)” after “feasible alternatives”; and
(D)
in subparagraph (I), by striking “mankind’s” and inserting “humankind’s”.
(c)

Definitions
Section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e) is amended—
(1)
by redesignating paragraphs (10), (11), (12), and (13) as paragraphs (13), (15), (16), and (17), respectively;
(2)
by inserting after paragraph (9) the following:
“(10)

Effect; impact
The terms effect and impact mean changes to the human environment from the proposed action or alternatives that are reasonably foreseeable and include the following:
(A)
Direct effects, which are caused by the action and occur at the same time and place.
(B)
Indirect effects, which are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems.
(C)
Cumulative effects, which are effects on the environment that result from the incremental effects of the action when added to the effects of other past, present, and reasonably foreseeable actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time.
(D)
Effects that are ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health, whether direct, indirect, or cumulative. Effects may also include those resulting from actions which may have both beneficial and detrimental effects, even if on balance the agency believes that the effects will be beneficial.
(11)

Limited English proficiency
The term limited English proficiency means that a household does not have an adult that speaks English very well according to the United States Census Bureau.
(12)

Low-income household
The term low-income household means a household that is at or below twice the poverty threshold as that threshold is determined annually by the United States Census Bureau.”;
(3)
by inserting after paragraph (13), as so redesignated, the following:
“(14)

Overburdened community
The term overburdened community means any census block group, as determined in accordance with the most recent United States Census, in which—
(A)
at least 35 percent of the households qualify as low-income households;
(B)
at least 40 percent of the residents identify as minority or as members of a Tribal or Indigenous community; or
(C)
at least 40 percent of the households have limited English proficiency.”; and
(4)
by adding at the end the following:
“(18)

Tribal or Indigenous community
The term Tribal or Indigenous community means a community of people who are members of—
(A)
a federally recognized Indian Tribe;
(B)
a State-recognized Indian Tribe;
(C)
an Alaska Native or Native Hawaiian community or organization; or
(D)
any other community of Indigenous people located in a State or territory of the United States.”.
610.

Inclusion of greenhouse gas projections in NEPA reviews
(a)

Requirement
In preparing an environmental document for a proposed major Federal action, the lead agency shall consider the potential effects of—
(1)
the proposed major Federal action on climate change; and
(2)
the effects of climate change on the proposed major Federal action.
(b)

Quantifying effects
In considering the effects described under subsection (a), the lead agency shall—
(1)
quantify the reasonably foreseeable direct and indirect greenhouse gas emissions of the proposed major Federal action and reasonable alternatives;
(2)
utilize the best available estimates of the social cost of carbon, as determined by the Chair of the Council on Environmental Quality; and
(3)
identify alternatives and mitigation measures to avoid or reduce greenhouse gas emissions of the proposed major Federal action.
(c)

Social cost of carbon defined
In this section, the term social cost of carbon means a quantification, in dollars, of the long-term damage caused by a ton of carbon dioxide emissions in a given year.
611.

Establishment of community benefits agreements
(a)

Consideration in NEPA
When carrying out the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by preparing an environmental document for a proposed major Federal action that may have reasonably foreseeable adverse public health or environmental impacts, the lead agency shall take into consideration whether a project sponsor has entered into a community benefits agreement with a State, a unit of local government, an Indian Tribe, a labor organization, or a community benefits organization that may include the disbursement of funds for social, economic, or environmental benefits that will—
(1)
offset adverse impacts resulting from the construction or operation of the proposed major Federal action; or
(2)
address legacy or historical harm or adverse cumulative social, economic, or environmental impacts in the location in which the proposed major Federal action is to be carried out.
(b)

Projects requiring environmental impact statements
The lead agency with respect to a proposed project that requires the preparation of an environmental impact statement may require the project sponsor to enter into a community benefits agreement with a State, a unit of local government, an Indian Tribe, a labor organization, or a community benefits organization to offset, in full or in part, any significant adverse social, economic, or environmental impacts that would result from the construction or operation of the project.
(c)

Considerations
In determining whether to require a project sponsor to enter into a community benefits agreement under subsection (c), the lead agency shall consider—
(1)
the available resources of the project sponsor;
(2)
the scale of the project and degree of impacts, including cumulative impacts to communities with environmental justice concerns; and
(3)
the benefits from the project to be received by the community or communities, relative to the adverse impacts resulting from the project.
(d)

Negotiation
(1)

In sponsor
A community benefits agreement shall be negotiated between the project sponsor and the State, unit of local government, Indian Tribe, labor organization, or community benefits organization, as applicable.
(2)

Technical assistance
On request of a State, unit of local government, Indian Tribe, or a community benefits organization the lead agency may provide technical assistance to the State, unit of local government, Indian Tribe, labor organization, or community benefits organization in developing and negotiating a community benefits agreement.
(3)

Third party neutral
For a community benefits agreement required by a lead agency under subsection (b), the lead agency—
(A)
may request a representative of the Conflict Prevention and Resolution Center of the Environmental Protection Agency or the John S. McCain III National Center for Environmental Conflict Resolution to act as a neutral third party in the negotiation and preparation of the community benefits agreement; and
(B)
shall reimburse the Environmental Protection Agency (unless the lead agency is the Environmental Protection Agency) or the Udall Foundation for the reasonable costs of that service.
(4)

Mechanism for holding funds
Negotiation relating to a community benefits agreement shall address the mechanism through which funds associated with the community benefits agreement will be held and dispersed, such as through a trust fund or similar instrument.
(e)

Use of funds
Funds received by a State, unit of local government, Indian Tribe, labor organization, or community benefits organization under a community benefits agreement shall be used for any activity or the construction or modification of infrastructure that—
(1)
is beneficial to communities affected by the applicable project;
(2)
is identified as a priority by any State, unit of local government, or Indian Tribe that is a party to the community benefits agreement; and
(3)
is inclusive of labor organizations capable of completing construction or modification.
(f)

Definitions
In this section:
(1)

Community benefits agreement
The term community benefits agreement—
(A)
means an agreement to carry out activities to address historical or legacy impacts that continue to contribute to cumulative impacts that are identified under a community impact report prepared under section 606; and
(B)
includes—
(i)
commitments by a project sponsor to hire members of the local workforce during construction, operation, or maintenance of the applicable project; and
(ii)
the disbursement of funds for social, economic, or environmental benefits that will—
(I)
offset adverse impacts resulting from the construction or operation of the applicable project; or
(II)
address legacy or historical harm or adverse cumulative impacts in the location in which the applicable project is to be carried out.
(2)

Community benefits organization
In this section, the term community benefits organization means an organization that—
(A)
is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and
(B)
is formed to protect the human health and environment of communities in the area in which a proposed major Federal action is to be carried out.
612.

Requirement of timely public release of NEPA documentation
(a)

In general
To achieve the goals described in section 1507.4 of title 40, Code of Federal Regulations (or a successor regulation), to allow agencies and the public to efficiently and effectively access information relating to environmental reviews required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the lead agency for a proposed major Federal action shall make the documents identified under subsection (b) with respect to such proposed major Federal action available to the public in a searchable, digital format when such documents are completed by the lead agency, or in the case of final documents, finalized by the agency. The lead agency may make such documents available to the public in a searchable, digital format by—
(1)
publishing and maintaining such documents on the public website or websites of the applicable agency or agencies; and
(2)
uploading such documents to the E–NEPA online permitting portal established under subsection (b) of section 110 of the National Environmental Policy Act of 1969 (as added by section 615(b) of this Act).
(b)

Documents
The documents identified under this subsection are the following:
(1)
Any notice of intent and other scoping notices.
(2)
Any draft and final environmental assessments and findings of no significant impacts.
(3)
Any draft, final, and supplemental environmental impact statements.
(4)
Any records of decision.
(5)
Any documentation associated with a determination to proceed with the proposed major Federal action under a categorical exclusion.
(6)
Any additional related documentation.
(c)

Timing
The lead agency shall make the documents identified under subsection (b) available to the public in a searchable, digital format under subsection (a) by not later than the earlier of—
(1)
3 days after the date on which the lead agency completes the document; and
(2)
3 days after the date on the document is published in the Federal Register.
(d)

Cooperating agencies
A cooperating agency shall publish a link to the location on the website of the lead agency to the documents identified under subsection (b) on which the agency was a cooperating agency.
613.

Establishment of grants for capacity building and community engagement
(a)

In general
The Administrator of the Environmental Protection Agency shall make grants to States, units of local government, Indian Tribes, and nonprofit associations which may be used for purposes of—
(1)
increasing the capacity of such organizations to conduct activities related to proposed major Federal actions, and State, local, and Tribal environmental reviews, permits, and consultations, including by—
(A)
compiling data and conducting analyses, planning, and environmental review;
(B)
determining potential economic, social, public health, and environmental impacts; and
(C)
identifying opportunities to mitigate such impacts;
(2)
enhancing community engagement opportunities related to environmental reviews;
(3)
identifying zones for renewable energy development;
(4)
facilitating the siting of renewable energy-related facilities and infrastructure;
(5)
providing technical assistance to units of local government to establish renewable energy zoning ordinances; and
(6)
training and hiring personnel, and other activities to increase the capacity of States, units of local government, Indian Tribes, and nonprofit associations, as applicable, to carry out activities described in paragraphs (1) through (5).
(b)

Funding
(1)

Authorization of appropriations
There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to make grants under subsection (a) $500,000,000 for each of fiscal years 2024 through 2029.
(2)

Environmental review fund
In addition to amounts made available under paragraph (1), the Administrator may use amounts available in the Environmental Review Fund for the Environmental Protection Agency established under section 614(c) to make grants to under subsection (a).
614.

Establishment of fees for environmental reviews and authorizations for projects
(a)

Establishment of fees
(1)

In general
The head of each Federal agency required or authorized to complete an environmental document or an authorization for a major Federal action shall issue regulations to collect fees for work to complete any such environmental document or authorization.
(2)

Specifications
A fee collected under paragraph (1) shall be, as determined by the head of the applicable Federal agency—
(A)
fair;
(B)
sufficient to cover the costs to the Federal agency of completing the environmental document or authorization; and
(C)
consistent with the guidance established by the Council on Environmental Quality and the Office of Management and Budget under subsection (b).
(3)

Additional considerations
In collecting a fee under paragraph (1), the head of a Federal agency may also consider—
(A)
the value of the service or thing to the individual or entity that receives a completed environmental review or authorization;
(B)
the public interest served by the major Federal action;
(C)
the complexity of the major Federal action and number of agencies involved as cooperating agencies;
(D)
potential impacts of the major Federal action on small businesses; and
(E)
other relevant factors, as determined by the head of the Federal agency.
(4)

Deposit of fees
Fees collected under this subsection shall be deposited into the applicable Environmental Review Fund established under subsection (c)(1).
(b)

Guidance
Not later than 120 days after the date of enactment of this Act, the Council on Environmental Quality and the Office of Management and Budget shall issue joint guidance for Federal agencies to facilitate the collection of fees under subsection (a) and the reporting of data under subsection (c)(5).
(c)

Environmental review funds
(1)

Establishment
There is established at each Federal agency with authority for completing environmental reviews or authorizations required by law an Environmental Review Fund (referred to in this subsection as a Fund), consisting of fees established under subsection (a) that are collected by the Federal agency.
(2)

Availability
Amounts in a Fund and amounts transferred to an agency under paragraph (3) shall be available to the applicable Federal agency, without further appropriation, for—
(A)
environmental review staff salaries and training and third-party contracts to support the completion of environmental documents and authorizations for major Federal actions;
(B)
environmental data collection;
(C)
development of documents and analyses that will facilitate timely environmental reviews, including programmatic analyses and memoranda of understanding;
(D)
monitoring compliance with terms and conditions included in authorizations for major Federal actions; and
(E)
other activities and services that will facilitate timely environmental reviews, as determined by the head of the Federal agency.
(3)

Transfer authority
(A)

In general
A Federal agency for which a Fund is established by paragraph (1) may transfer amounts in such a Fund to another Federal agency—
(i)
for work performed as a cooperating agency to complete an environmental document for a major Federal action that is subject to a fee established by the Federal agency under subsection (a);
(ii)
to pay the costs of conducting and completing responsibilities required under other Federal law for the major Federal action on which the Federal agency is serving as the lead agency; or
(iii)
to fund liaison positions at another Federal agency to facilitate interagency coordination and timely completion of environmental documents and authorizations for major Federal action.
(B)

Acceptance of funds
A Federal agency with a Fund shall have the authority to accept funding transferred by another agency under subparagraph (A).
(4)

Programmatic environmental review fund
(A)

Establishment
A Federal agency for which a Fund is established by paragraph (1) may establish, by issuing regulations, within the Fund a separate programmatic environmental review fund.
(B)

Contribution by project sponsors
A Federal agency may allow a project sponsor or group of project sponsors to contribute to a programmatic environmental review fund established under subparagraph (A) to facilitate the development of a programmatic environmental review.
(C)

Fees for programmatic environmental reviews
A Federal agency that established a programmatic environmental review fund under subparagraph (A) may establish fees, consistent with specifications and considerations under subsection (a), when the environmental document for a project carried out by a project sponsor will tier off the programmatic environmental review, consistent with section 1501.11 of title 40, Code of Federal Regulations (or a successor regulation).
(5)

Report
The head of each Federal agency for which a Fund is established by paragraph (1) shall prepare, and make publicly available on the website of the Federal agency, an annual report on the collection and use of fees under subsection (a) and this subsection.
(6)

Clarifications
(A)

Amounts in Fund
Amounts in a Fund shall supplement existing amounts authorized to carry out activities described in paragraph (2).
(B)

Positions
A Federal agency using amounts in a Fund shall not be subject to any limitation relating to the number of full-time equivalent employees of the Federal agency otherwise imposed by law.
(d)

Exemption
A Federal agency that establishes a fee under subsection (a) may exempt an entity from such a fee if, as determined by the Federal agency, the fee would impose an undue financial burden or is otherwise determined to be inappropriate.
615.

Establishment of interagency environmental data system
(a)

Environmental data systems
(1)

In general
Not later than 2 years after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Council on Environmental Quality (referred to in this section as the “Council”), in coordination with, and support from, the Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”) and the Director of the Office of Management and Budget (referred to in this section as the Director) and in consultation with the Federal Geographic Data Committee and heads of Federal agencies with relevant geographic information system data, shall develop linked interagency environmental data collection systems that include georeferenced qualitative and quantitative data for use by all Federal agencies in preparing any environmental document and tracking environmental outcomes of major Federal actions, including—
(A)
environmental documents;
(B)
data on mitigation commitments required in environmental documents; and
(C)
monitoring and compliance data and information required under Federal environmental laws.
(2)

Requirements
In developing linked interagency environmental data collection systems under paragraph (1), the Council, in coordination with the Administrator and the Director, shall—
(A)
facilitate—
(i)
the reduction of administrative costs borne by project developers, including in the establishment of the permitting portal under section 110(b) of the National Environmental Policy Act of 1969;
(ii)
the reduction of the duplication of efforts by Federal and State agencies;
(iii)
the standardization of the collection of information on environmental impacts and outcomes; and
(iv)
the tracking of long-term environmental outcomes, including the efficacy of mitigation commitments;
(B)
make the linked interagency environmental data collection systems developed under paragraph (1) publicly available, to the extent consistent with section 552 of title 5, United States Code, and any exemption from disclosure of sensitive site-specific information under applicable law;
(C)
include tools that—
(i)
enhance the abilities of Federal agencies to conduct the public outreach and engagement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii)
enable Federal agencies to publish information regarding public engagement opportunities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(iii)
facilitate opportunities for the public to provide Federal agencies with relevant environmental or scientific information and data, including locally-specific environmental data, that could complement monitoring efforts and enhance evidence-based decision making;
(D)
facilitate coordination between Federal and State agencies, including by providing for up-to-date georeferenced information sharing about current Federal agency actions;
(E)
enable States to integrate relevant State-level environmental data;
(F)
standardize and enhance the use of nonconfidential geographic information and geospatial data in the preparation of environmental documents and in the authorization and permitting of major Federal actions;
(G)
use an interactive, digital, and cloud-based platform;
(H)
ensure that data is searchable, accessible, interoperable, reusable, and includes—
(i)
digital geographic information system data or other location data for the activities for which an environmental impact statement or an environmental assessment was prepared;
(ii)
each environmental impact statement and environmental assessment, including appendices, in a machine-readable format; and
(iii)
to the extent practicable, geographic information system data or other location data for documents, permits, monitoring reports, or reports prepared under State environmental review laws;
(I)
allow users to find specific documents and specific types of information, such as—
(i)
analyses of types of environmental impact;
(ii)
analyses of types of major Federal actions;
(iii)
geographic location of major Federal actions;
(iv)
ecological, cultural, and historical features and resources; and
(v)
other categories, as determined by the Council, the Administrator, and the Director; and
(J)
enable sponsors of major Federal actions and the public—
(i)
to identify project locations that would avoid or minimize impacts; and
(ii)
to conduct preliminary scoping of impacts.
(3)

Existing data
In developing linked interagency environmental data collection systems under paragraph (1), the Council in coordination with the Administrator and the Director, shall incorporate relevant information from existing geographic information systems and other relevant systems and databases.
(4)

Agency responsibilities
Each Federal agency that is required to prepare an environmental document or otherwise maintains relevant environmental data shall—
(A)
participate in the development of linked interagency environmental data collection systems under paragraph (1);
(B)
make relevant environmental data available to be integrated into those linked interagency environmental data collection systems; and
(C)
make environmental documents available to be integrated into those linked interagency environmental data collection systems.
(5)

Authorization of appropriations
There is authorized to be appropriated to the Council on Environmental Quality to develop linked interagency environmental data collection systems under subsection (a)(1) $20,000,000 for each of fiscal years 2023 through 2028.
(b)

E–NEPA implementation
Section 110 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336d) is amended—
(1)
by redesignating subsection (b) as subsection (c);
(2)
by adding after subsection (b) the following:
“(b)

Permitting portal
Not later than 1 year after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Council on Environmental Quality shall establish an online permitting portal—
(1)
with the parameters described in paragraphs (1) through (3) of subsection (a) for major Federal actions that require review under section 102(2)(C); and
(2)
through which the public can access the documents identified under section 612(b) of the Clean Electricity and Transmission Acceleration Act of 2023.”; and
(3)
in subsection (c), as so redesignated—
(A)
by striking “There is authorized” and inserting the following:
“(1)

Study
There is authorized”; and
(B)
by adding at the end the following:
“(2)

Permitting portal
There is authorized to be appropriated $1,000,000 for the Council on Environmental Quality to carry out subsection (b).”.
616.

Transference of unobligated balances for use under the Endangered Species Act
(a)

In general
Unobligated balances of amounts made available by division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) to any agency funded by the Infrastructure Investment and Jobs Act may be transferred to and merged with amounts otherwise made available to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out consultation and conference responsibilities under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) in connection with activities and projects funded by the Infrastructure Investment and Jobs Act (Public Law 117–58).
(b)

Supplement not supplant
Amounts transferred pursuant to subsection (a) shall supplement, not supplant, amounts and transfer authorities otherwise available to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out the responsibilities described in subsection (a).
(c)

Emergency requirement
Any amount transferred pursuant to this section that, at the time of such transfer, is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, or section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, shall retain such designation.
617.

Designation of senior community engagement officers and Tribal community engagement officers
(a)

Designation of senior community engagement officers and Tribal community engagement officers
(1)

In general
The head of each Federal agency required or authorized to complete an environmental document or an authorization for a major Federal action shall designate—
(A)
1 or more appropriate employees or officials of the applicable Federal agency to serve as a senior community engagement officer (referred to in this section as an SCO); and
(B)
1 or more appropriate employees or officials of the applicable Federal agency (other than an employee or official designated as an SCO under subparagraph (A)) to serve as a Tribal community engagement officer (referred to in this section as a TEO).
(2)

Responsibilities of an SCO and TEO
An SCO and a TEO shall—
(A)
oversee community or Tribal, as applicable, engagement in environmental review and authorization processes carried out by the Federal agency;
(B)
advise the applicable head of the Federal agency on matters relating to community or Tribal, as applicable, engagement in such reviews and processes;
(C)
identify, recommend, and implement approaches to expand and improve early, meaningful community or Tribal, as applicable, engagement relating to the environmental review and authorization processes carried out by the Federal agency;
(D)
identify and avoid or resolve conflicts with communities or Indian Tribes affected by the environmental review or authorization processes, as applicable—
(i)
to align Federal actions with the needs and interests of those communities or Indian Tribes, as applicable; and
(ii)
to minimize the potential for delay of environmental review and authorization processes carried out by the Federal agency;
(E)
identify opportunities with affected communities or Indian Tribes to accelerate the environmental review and authorization processes carried out by the Federal agency;
(F)
provide technical support and capacity building, on request of a community or an Indian Tribe to enhance the ability of communities and Indian Tribes to engage constructively in Federal agency decision making; and
(G)
assist in developing and negotiating community benefits agreements consistent with section 611.
(3)

Reporting
An SCO and a TEO shall report directly to a Deputy Secretary (or equivalent) or higher position in the Federal agency in which the SCO or TEO serves.
(4)

Guidance
The Director of the Office of Management and Budget shall establish any guidance necessary to establish SCO and TEO positions not later than 2 years of the date of enactment of this Act.
(b)

Regional community engagement officers
A Federal agency may appoint regional community engagement officers to support community and Tribal engagement in environmental review and authorization processes carried out by the Federal agency within a region impacted by a proposed major Federal project, including by carrying out activities—
(1)
to identify and implement approaches to expand and improve early, meaningful community and Tribal engagement relating to the environmental review and authorization processes carried out by the Federal agency;
(2)
to identify and avoid or resolve conflicts with affected communities and Indian Tribes that have the potential to delay environmental review and authorization processes carried out by the Federal agency;
(3)
to identify opportunities with affected communities and Indian Tribes to accelerate the environmental review and authorization processes carried out by the Federal agency;
(4)
to provide technical support and capacity building, on request of a community or an Indian Tribe, to enhance the ability of communities or Indian Tribes to engage constructively in Federal agency decision making; and
(5)
to assist in developing and negotiating community benefits agreements consistent with section 611.
(c)

Application
Notwithstanding any other provision of law, chapter 10 of title 5, United States Code (commonly known as the “Federal Advisory Committee Act”), shall not apply to stakeholder engagement processes or public comment activities that are required under or proceeding from a Federal environmental permitting process and led by an SCO, a TEO, or a regional community engagement officer appointed under subsection (b).
(d)

FAST 41
(1)

Definition of agency SCO
Section 41001 of the FAST Act (42 U.S.C. 4370m) (as amended by section 201(a)(2)(A)) is amended—
(A)
by redesignating paragraphs (2) through (18) as paragraphs (3) through (19), respectively; and
(B)
by inserting after paragraph (1) the following:
“(2)

Agency SCO
The term agency SCO means the senior community engagement officer of an agency, as designated by the head of the agency under section 617(a)(1)(A) of the Clean Electricity and Transmission Acceleration Act of 2023.”.
(2)

Dispute resolution
Section 41003(c)(2)(C)(i) of the FAST Act (42 U.S.C. 4370m–2(c)(2)(C)(i)) is amended by striking “agency CERPOs” and inserting “agency CERPOs, agency SCOs,”.
(3)

Environmental review improvement fund
Section 41009(d)(3) of the FAST Act (42 U.S.C. 4370m–8(d)(3)) is amended—
(A)
by striking “facilitate timely” and inserting “facilitate early, meaningful community engagement and timely”; and
(B)
by inserting “and agency SCOs” after “agency CERPOs”.
618.

Establishment of FERC Environmental Justice Liaison
Section 319 of the Federal Power Act (16 U.S.C. 825q–1) is amended by adding at the end the following:
“(c)
(1)
The Director shall appoint within the Office at least one environmental justice liaison.
(2)
A liaison shall engage and consult with environmental justice communities that are determined by the Director to be reasonably likely to be affected by the construction or operation of projects authorized by the Commission to—
(A)
increase the awareness of such projects;
(B)
solicit input from such environmental justice communities on such projects; and
(C)
aid in the planning of such projects to minimize any adverse effects on human health or the environment.
(3)
In engaging and consulting with the environmental justice communities described in paragraph (2), a liaison shall coordinate with, as applicable—
(A)
the appropriate counterparts of Tribal, State, or a local governments;
(B)
community-based organizations;
(C)
faith-based organizations;
(D)
local small businesses; and
(E)
representatives of any other groups, organizations, or individuals, as determined by the liaison.
(4)
In this subsection:
(A)
The term environmental justice community means any population of color, community of color, indigenous community, or low-income community that experiences a disproportionate burden of the adverse human health or environmental impacts of pollution or other environmental hazards.
(B)
The term liaison means an environmental justice liaison appointed by the Director under paragraph (1).”.
619.

Requirement for intervenor funding at FERC Office of Public Participation
(a)

In general
Section 319(b)(2) of the Federal Power Act (16 U.S.C. 825q–l(b)(2)) is amended by striking “The Commission may” and inserting “The Commission shall”.
(b)

Rulemaking
Not later than 180 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall promulgate a final rule to provide compensation under section 319(b)(2) of the Federal Power Act (16 U.S.C. 825q–1(b)(2)), as amended by this section. Under such rule the Commission shall require that each intervenor or participant file a disclosure form of earned and unearned income to identify conflicts of interest. Such form shall not be overly burdensome.
620.

Reform of RTO and ISO governance and participation
(a)

Technical Conference
Not later than 180 days after the date of enactment of this section, the Federal Energy Regulatory Commission shall convene a technical conference to consider Regional Transmission Organization and Independent System Operator independence, the responsiveness of RTOs and ISOs to their customers and other stakeholders, and ways for RTOs and ISOs to increase the equitable treatment of their customers and other stakeholders, including the effectiveness of stakeholder policies and procedures adopted in compliance with the final rule titled “Wholesale Competition in Regions With Organized Electric Markets” published in the Federal Register on October 28, 2008 (73 Fed. Reg. 64100).
(b)

Participation
The technical conference convened under subsection (a) shall be led by members of the Commission, and the Commission shall invite participation from representatives of each RTO and ISO, owners and operators of transmission facilities, owners and operators of electric generation facilities, owners and operators of distributed energy generation systems, end-use customers, electric power marketers, publicly owned electric utilities, consumer advocates, environmental justice advocates, environmental groups, State commissions, and such other stakeholders as the Commission determines appropriate.
(c)

Topics
In conducting the technical conference convened under subsection (a), the Commission shall seek to identify policies and procedures that maintain RTO and ISO independence, and enhance the responsiveness of RTOs and ISOs to their customers and other stakeholders, taking into consideration—
(1)
the benefits of greater transparency in RTO and ISO stakeholder processes, including access by stakeholders to relevant data and written background materials;
(2)
barriers to participation in such stakeholder processes for new market participants and other non-incumbent stakeholders;
(3)
the need for periodic, independent review of RTO and ISO stakeholder policies and procedures;
(4)
power imbalances between incumbent and non-incumbent stakeholders, including whether current RTO and ISO membership rules, sectoral designations, and voting procedures allow for adequate representation of all stakeholder views;
(5)
whether and how RTOs and ISOs should take State public policy objectives into consideration as part of such stakeholder processes;
(6)
whether existing RTO and ISO decision-making processes are sufficiently independent from the control of any market participant or class of participants;
(7)
the role of the Office of Public Participation of the Commission in facilitating greater stakeholder participation in RTOs and ISOs; and
(8)
such other subjects as the Commission considers appropriate.
(d)

Public comment
The Commission shall provide an opportunity for public comment on the technical conference convened under subsection (a).
(e)

Rulemaking
Not later than 18 months after the conclusion of the technical conference convened under subsection (a), the Commission shall issue a final rule adopting such policies and procedures as the Commission determines necessary to maintain the independence of RTOs and ISOs, and to enhance the transparency and responsiveness of RTOs and ISOs to their customers and other stakeholders.
(f)

Definitions
In this section:
(1)

Commission
The term Commission means the Federal Energy Regulatory Commission.
(2)

Federal Power Act definitions
The terms electric utility, Independent System Operator, ISO, Regional Transmission Organization, RTO, and State commission have the meanings given such terms in section 3 of the Federal Power Act (16 U.S.C. 796).
621.

Savings clause
Nothing in this title diminishes—
(1)
any right granted through the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
(2)
the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to consider direct, indirect, and cumulative impacts.
622.

Definitions
In this title:
(1)

Affected environmental justice community
The term affected environmental justice community means an environmental justice community that may experience adverse health and environmental impacts as a result of a major Federal action.
(2)

Categorical exclusion; cooperating agency; environmental assessment; environmental document; environmental impact statement; lead agency
The terms categorical exclusion, cooperating agency, environmental assessment, environmental document, environmental impact statement, lead agency, and participating Federal agency have the meanings given such terms in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
(3)

Community of color
The term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located:
(A)
Black.
(B)
African American.
(C)
Asian.
(D)
Pacific Islander.
(E)
Other non-White race.
(F)
Hispanic.
(G)
Latino.
(H)
Linguistically isolated.
(I)
Middle Eastern and North African.
(4)

Environmental justice community
The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and Indigenous communities that experience, or are at risk of experiencing, a disproportionate burden of the adverse human health or environmental impacts of pollution or other environmental hazards.
(5)

Low-income community
The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of—
(A)
an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and
(B)
200 percent of the Federal poverty line.
(6)

Major Federal action
The term major Federal action means a major Federal action significantly affecting the quality of the human environment under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)(2)).
(7)

Tribal and Indigenous community
The term Tribal and Indigenous community means a population of people who are members of—
(A)
a federally recognized Indian Tribe;
(B)
a State-recognized Indian Tribe;
(C)
an Alaska Native community or organization;
(D)
a Native Hawaiian community or organization; or
(E)
any other Indigenous community located in a State.