Siting of national interest high-impact transmission facilities

(a)

In general

Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended by adding at the end the following:

(l)

Siting of national interest high-Impact transmission facilities

(1)

Definitions

In this subsection:(A)

Bulk-power system

The term bulk-power system has the meaning given the term in section 215(a).(B)

Local authority

The term local authority means a unit of local government, including a county, a municipality, a city, a town, a township, and any other political subdivision created by or pursuant to State law.(C)

National interest high-impact transmission facility

The term national interest high-impact transmission facility means a transmission facility designated as a national interest high-impact transmission facility under paragraph (2).(D)

Outer continental shelf

The term outer Continental Shelf has the meaning given the term in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).(E)

Project sponsor

The term project sponsor means an entity seeking to construct, own, or operate a national interest high-impact transmission facility.(F)

Project State

The term project State means a State in which there is located or is proposed to be located any portion of a transmission facility designated or sought to be designated as a national interest high-impact transmission facility.(G)

Reliability standard

The term reliability standard has the meaning given the term in section 215(a).(2)

Designation of national interest high-impact transmission facilities

(A)

In general

A project sponsor or project State may submit to the Secretary an application to designate a transmission facility as a national interest high-impact transmission facility for purposes of paragraph (3).(B)

Contents of applications

An application submitted under subparagraph (A) shall provide information on—(i)a specific geographic area that is experiencing, or is expected to experience, electric energy transmission capacity constraints or congestion that adversely affects consumers;(ii)how the proposed transmission facility would alleviate the electric energy transmission capacity constraints or congestion described in clause (i);(iii)the boundary of the proposed transmission facility and the rationale for that boundary;(iv)the voltage, transmission capacity, and route of the proposed transmission facility;(v)how the proposed transmission facility is expected to affect costs to consumers to purchase electricity; and(vi)any other matter that the Secretary determines necessary to carry out subparagraph (C), including by providing any data that the Secretary determines necessary to carry out that subparagraph.(C)

Deadline

Not later than 90 days after receiving a complete application under subparagraph (A), the Secretary, after consultation with affected States, local authorities, and Indian Tribes, shall approve the application and designate the applicable transmission facility as a national interest high-impact transmission facility if the Secretary determines that—(i)the proposed transmission facility—(I)is, or will be, in the national interest, based on the criteria otherwise applicable to a national interest electric transmission corridor under subsection (a)(4);(II)is, or will be after construction or modification, capable of transmitting electricity at a voltage of not less than 345 kilovolts;(III)(aa)adds not less than 750 megawatts of new transmission capacity within a single linear path or right-of-way; or(bb)would increase the existing transmission capacity within a single linear path or right-of-way by not less than 750 megawatts;(IV)the proposed transmission facility crosses or will cross—(aa)the exterior boundary of not fewer than 2 States; or(bb)the exterior boundary of at least 1 State and the outer Continental Shelf; and(V)provides, or will provide after construction or modification, for the reliable operation of the bulk-power system, including through compliance with any applicable reliability standard approved by the Commission under section 215(d); and(ii)the project sponsor has met milestones, established by the Secretary under subparagraph (E), that demonstrate that the project sponsor is capable of completing the construction or modification of the proposed transmission facility.(D)

Applicability of the National Environmental Policy Act of 1969

The designation of a transmission facility as a national interest high-impact transmission facility under this paragraph shall not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).(E)

Rulemaking

(i)

In general

Not later than 180 days after the date of enactment of this subsection, the Secretary shall promulgate a regulation establishing a process to evaluate applications submitted under subparagraph (A), which shall include establishing milestones for purposes of subparagraph (C)(ii).(ii)

Milestones

In carrying out clause (i), the Secretary may establish milestones that are indicative of the realistic ability of a project sponsor to complete the development process with respect to a transmission project and make the applicable transmission facility operational, such as development of a construction plan, the making of investment decisions, and other milestones that, in the determination of the Secretary, are pertinent to the ability of a project sponsor to successfully make the applicable facility operational.(3)

Construction permits for national interest high-impact transmission facilities

(A)

Permit applications

(i)

In general

A project sponsor, or a project State on behalf of a project sponsor, may submit to the Commission an application for a permit to construct or modify a national interest high-impact transmission facility.(ii)

Form

Permit applications submitted under clause (i) shall be made in writing to the Commission.(iii)

Rulemaking

Not later than 180 days after the date of enactment of this subsection, the Commission shall promulgate regulations specifying—(I)the form of, and information to be included in, an application submitted under clause (i); and(II)the manner of service of notice of the application on interested persons.(B)

Preapplication discussions; commission proceedings

With respect to an application submitted under subparagraph (A)(i), the Commission may carry out preapplication discussions with the project sponsor (and 1 or more project States, as applicable) and initiate a Commission proceeding for purposes of subparagraph (C) at the same time that any State commission or other entity that has authority to approve the siting of the applicable transmission facility considers an application for a permit to construct or modify the transmission facility pursuant to applicable law.(C)

Construction permit

Except as provided in subsection (i), the Commission may, after notice and an opportunity for a hearing on an application submitted under subparagraph (A)(i), issue a permit for the construction or modification of the national interest high-impact transmission facility that is the subject of the application if the Commission finds that subparagraph (A), (B), or (C) of subsection (b)(1) is satisfied with respect to the national interest high-impact transmission facility.

(b)

Conforming amendments

(1)

Siting of interstate electric transmission facilities

Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended—(A)in subsection (d), by inserting or (l)(3)(C) after subsection (b);(B)in subsection (e)(1)—(i)by inserting or (l)(3)(C) after subsection (b); and(ii)by striking or a State; and(C)in subsection (i)(3), by inserting any national interest high-impact transmission facilities designated under subsection (l)(2) and any after including.(2)

Transmission facility financing

Section 50151(b) of Public Law 117–169 (42 U.S.C. 18715(b)) is amended—(A)by striking facilities 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 the following: “facilities—

(1)located in an area designated as a national interest electric transmission corridor pursuant to subsection (a) of section 216 of the Federal Power Act (16 U.S.C. 824p); or(2)designated by the Secretary as national interest high-impact transmission facilities under subsection (l)(2) of that section.

(3)

Public-private partnerships

Section 40106(h)(1) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18713(h)(1)) is amended—(A)in subparagraph (A)—(i)by striking 16 U.S.C. 824p(a) and inserting (16 U.S.C. 824p(a)); and(ii)by striking or at the end;(B)in subparagraph (B), by inserting or after the semicolon at the end; and(C)by adding at the end the following:

(C)is a national interest high-impact transmission facility designated under subsection (l)(2) of section 216 of the Federal Power Act (16 U.S.C. 824p);