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