[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10302 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10302
To amend the Federal Power Act with respect to the coordination of
Federal authorizations for transmission facilities, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
September 4, 2026
Mr. Peters (for himself and Mr. Evans of Colorado) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Federal Power Act with respect to the coordination of
Federal authorizations for 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 ``Certainty in Litigation for Electric
Asset Reliability (CLEAR) Act of 2026''.
SEC. 2. COORDINATION OF FEDERAL AUTHORIZATIONS FOR TRANSMISSION
FACILITIES.
Section 216(h) of the Federal Power Act (16 U.S.C. 824p(h)) is
amended--
(1) in paragraph (1), by striking ``to site a transmission
facility'' each place it appears and inserting ``to site and
construct a transmission facility'';
(2) in paragraph (2), by inserting ``, except that the
Commission shall act as the lead agency in the case of a
facility to be permitted under subsection (b)'' before the
period at the end; and
(3) by adding at the end the following:
``(10) Publication.--The head of each Federal agency with
authority to issue a Federal authorization shall publish in the
Federal Register each final agency action relating to a Federal
authorization.
``(11) Consolidated record.--To the extent practicable for
each transmission facility for which a Federal authorization is
required, the Secretary shall consolidate all records relating
to review and permit decisions for all Federal authorizations
for the transmission facility into a single joint record of
decision.
``(12) Rehearing and judicial review.--With respect to any
transmission facility the Federal authorization and review
process for which is coordinated under this subsection--
``(A) each approval of a Federal authorization for
the transmission facility shall be deemed to be an
order issued by the Commission for purposes of section
313;
``(B) such section shall be applied by substituting
`the lead agency under section 216(h)' for `the
Commission' each place it appears; and
``(C) notwithstanding any other provision of law
providing for rehearing or judicial review of an
approval of a Federal authorization, a person may
obtain rehearing and judicial review of such an
approval only under such section 313.''.
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