[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4027 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4027

    To amend the Federal Power Act to authorize the Federal Energy 
    Regulatory Commission to issue permits for the construction and 
modification of national interest high-impact transmission facilities, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2024

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

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Power Act to authorize the Federal Energy 
    Regulatory Commission to issue permits for the construction and 
modification of national interest high-impact transmission facilities, 
                        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 ``Streamlining Powerlines Essential to 
Electric Demand and Reliability Act of 2024'' or the ``SPEED and 
Reliability Act of 2024''.

SEC. 2. 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);''.
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