[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3855 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3855

   To interconnect the Electric Reliability Council of Texas to its 
                   neighbors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 29, 2024

  Mr. Markey introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To interconnect the Electric Reliability Council of Texas to its 
                   neighbors, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Connect the Grid Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Abandoned mine land.--The term ``abandoned mine land'' 
        means land, water, or a watershed that is contaminated or 
        scarred by extraction, beneficiation, or processing of ores or 
        minerals (which may include phosphate, but does not include 
        coal).
            (2) Brownfield site.--The term ``brownfield site'' has the 
        meaning given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (3) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (4) Electric reliability organization.--The term ``Electric 
        Reliability Organization'' has the meaning given the term in 
        section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (5) 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 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects.
            (6) ERCOT.--The term ``ERCOT'' means the Electric 
        Reliability Council of Texas.
            (7) Grid-enhancing technology.--The term ``grid-enhancing 
        technology'' means a solution that increases the transfer 
        capability of high-voltage transmission facilities.
            (8) MISO.--The term ``MISO'' means the Midcontinent 
        Independent System Operator transmission organization.
            (9) National priorities list.--The term ``National 
        Priorities List'' means the National Priorities List developed 
        by the President in accordance with section 105(a)(8)(B) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
            (10) 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.), that meets the standards of 
        subpart A of part 29, and part 30, of title 29, Code of Federal 
        Regulations (or successor regulations).
            (11) Reliability standard.--The term ``reliability 
        standard'' has the meaning given the term in section 215(a) of 
        the Federal Power Act (16 U.S.C. 824o(a)).
            (12) SPP.--The term ``SPP'' means the Southwest Power Pool 
        transmission organization.
            (13) Total transfer capability.--The term ``total transfer 
        capability'' has the meaning given the term in section 
        37.6(b)(1)(vi) of title 18, Code of Federal Regulations (as in 
        effect on the date of enactment of this Act).
            (14) Transmission facility.--The term ``transmission 
        facility'' means a facility that is used for the transmission 
        of electric energy in interstate commerce, including a 
        transmission line.
            (15) Transmission organization.--The term ``transmission 
        organization'' has the meaning given the term in section 215(a) 
        of the Federal Power Act (16 U.S.C. 824o(a)).
            (16) 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 or Native Hawaiian community 
                or organization; or
                    (D) any other community of Indigenous people 
                located in a State.
            (17) Tribal government.--The term ``Tribal government'' 
        means the governing body of an Indian Tribe.
            (18) Western interconnection.--The term ``Western 
        Interconnection'' means the synchronously operated electric 
        transmission grid located in the western part of North America, 
        including parts of Montana, Nebraska, New Mexico, South Dakota, 
        Texas, Wyoming, and Mexico, and all of Arizona, California, 
        Colorado, Idaho, Nevada, Oregon, Utah, Washington, and the 
        Canadian Provinces of British Columbia and Alberta.

SEC. 3. JURISDICTION WITH RESPECT TO ERCOT.

    (a) Application of Part II of the Federal Power Act.--Section 
201(b)(2) of the Federal Power Act (16 U.S.C. 824(b)(2)) is amended--
            (1) in the first sentence, by striking ``section 201(f)'' 
        and inserting ``subsection (f)''; and
            (2) in the second sentence--
                    (A) by striking ``210, 211, 211A, 212,''; and
                    (B) by striking ``an electric utility or other 
                entity'' and inserting ``any entity that is otherwise 
                exempt under subsection (f)''.
    (b) Definition of Public Utility.--Section 201(e) of the Federal 
Power Act (16 U.S.C. 824(e)) is amended by striking ``210, 211, 211A, 
212,''.
    (c) Repeal of ERCOT Exemptions.--
            (1) Section 212 of the Federal Power Act (16 U.S.C. 824k) 
        is amended by striking subsection (k).
            (2) Section 216 of the Federal Power Act (16 U.S.C. 824p) 
        is amended by striking subsection (k).
            (3) Section 217 of the Federal Power Act (16 U.S.C. 824q) 
        is amended--
                    (A) by striking subsection (h); and
                    (B) by redesignating subsections (i) through (k) as 
                subsections (h) through (j), respectively.
            (4) Section 220 of the Federal Power Act (16 U.S.C. 824t) 
        is amended by striking subsection (f).
    (d) Technical Conference.--Not later than 180 days after the date 
of enactment of this Act, the Commission shall convene a technical 
conference to assist entities affected by the amendments made by this 
section with compliance with any requirements made applicable to those 
entities pursuant to those amendments, including by publishing the 
steps necessary for such compliance.

SEC. 4. ELECTRIC RELIABILITY.

    (a) Amendments.--Section 215 of the Federal Power Act (16 U.S.C. 
824o) is amended--
            (1) in subsection (a)(3), in the second sentence, by 
        striking ``enlarge such facilities or to construct new 
        transmission capacity or generation capacity'' and inserting 
        ``construct new generation capacity''; and
            (2) in subsection (i)(2), by striking ``or transmission''.
    (b) Reliability Standard for Total Transfer Capability.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Commission shall order the Electric 
        Reliability Organization to submit to the Commission a proposed 
        reliability standard that requires minimum total transfer 
        capability of--
                    (A) between 4.3 and 12.6 gigawatts between the area 
                under functional control of ERCOT and the area under 
                functional control of SPP;
                    (B) between 2.5 and 16.2 gigawatts between the area 
                under functional control of ERCOT and the area under 
                functional control of MISO; and
                    (C) between 2.6 and 7.9 gigawatts between the area 
                under functional control of ERCOT and the Western 
                Interconnection.
            (2) Contents.--The Commission may only approve a proposed 
        reliability standard described in paragraph (1) if that 
        reliability standard--
                    (A) requires minimum total transfer capability as 
                described in paragraph (1); and
                    (B) requires each of ERCOT and SPP, ERCOT and MISO, 
                and ERCOT and 1 or more neighboring balancing 
                authorities in the Western Interconnection (as 
                determined by the Electric Reliability Organization) to 
                jointly submit, not later than 1 year after the date of 
                enactment of this Act, a plan that--
                            (i) designates 1 or more entities to site 
                        and construct new transmission facilities, or 
                        modify existing transmission facilities, to 
                        achieve the applicable minimum total transfer 
                        capability; and
                            (ii) includes a timeline for that siting 
                        and construction or modification, which 
                        timeline shall include that such siting and 
                        construction or modification be completed by 
                        January 1, 2035.
            (3) Priority.--Any plan for the siting and construction or 
        modification of transmission facilities described in paragraph 
        (2)(B) shall prioritize--
                    (A) the use of grid-enhancing technologies;
                    (B) the use of existing rights-of-ways, such as 
                highways and railroads, to site and construct new 
                transmission facilities;
                    (C) the siting and construction of new transmission 
                facilities on degraded land, including sites on the 
                National Priorities List, brownfield sites, landfills, 
                abandoned mine land, and contaminated or abandoned 
                agricultural land;
                    (D) the siting and construction of new transmission 
                facilities in a manner that expands access to renewable 
                energy sources, including wind, solar, and geothermal 
                sources;
                    (E) providing meaningful community involvement 
                opportunities, including by conducting outreach to--
                            (i) environmental justice communities, 
                        including by conducting planning meetings, set 
                        at times and places to maximize the number of 
                        community members who can conveniently attend, 
                        with appropriate services, including 
                        translation and interpreting services and 
                        virtual attendance, in those environmental 
                        justice communities;
                            (ii) Tribal and Indigenous communities;
                            (iii) Tribal governments; and
                            (iv) relevant labor organizations; and
                    (F) the use of registered apprenticeship programs 
                and prevailing wages, as determined by the Secretary of 
                Labor in accordance with subchapter IV of chapter 31 of 
                title 40, United States Code.
            (4) Environmental review.--Any project to site, construct, 
        or modify transmission facilities that is conducted to comply 
        with the reliability standard described in paragraph (1) shall 
        be subject to the requirements of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).
            (5) Savings provision.--Nothing in this subsection 
        overrides or inhibits the authority of the Commission to 
        require minimum interregional transfer between regions in a 
        pair or grouping of regions other than a pair or grouping of 
        regions described in subparagraph (A), (B), or (C) of paragraph 
        (1).
    (c) Consideration for National Interest Electric Transmission 
Corridors.--In carrying out section 216 of the Federal Power Act (16 
U.S.C. 824p), the Secretary of Energy shall consider designating as a 
national interest electric transmission corridor any area in which 
transmission facilities will be sited and constructed or modified 
pursuant to this section.

SEC. 5. INCREASED BORROWING AUTHORITY UNDER THE TRANSMISSION 
              FACILITATION PROGRAM.

    Section 40106(d)(2) of the Infrastructure Investment and Jobs Act 
(42 U.S.C. 18713(d)(2)) is amended by striking ``$2,500,000,000'' and 
inserting ``$13,500,000,000''.

SEC. 6. STUDY AND REPORT ON BENEFITS OF INTERCONNECTION WITH MEXICO.

    (a) Definition of Covered Facility.--In this section, the term 
``covered facility'' means a facility for the generation, transmission, 
or sale of electric energy.
    (b) Study and Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Energy shall conduct a study 
and submit to Congress a report on--
            (1) the reliability, climate, and cost benefits of the 
        interconnection of covered facilities in the United States with 
        covered facilities in Mexico; and
            (2) the siting and construction, or modification, of 
        covered facilities that will bring the most cumulative 
        benefits.
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