[Congressional Record Volume 161, Number 6 (Tuesday, January 13, 2015)]
[Senate]
[Pages S213-S214]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 16. Mr. CRUZ submitted an amendment intended to be proposed by him
to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE II--NORTH AMERICAN ENERGY INFRASTRUCTURE
SEC. 201. SHORT TITLE.
This title may be cited as the ``North American Energy
Infrastructure Act''.
SEC. 202. FINDING.
Congress finds that the United States should establish a
more uniform, transparent, and modern process for the
construction, connection, operation, and maintenance of oil
and natural gas pipelines and electric transmission
facilities for the import and export of oil and natural gas
and the transmission of electricity to and from Canada and
Mexico, in pursuit of a more secure and efficient North
American energy market.
SEC. 203. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE
PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED
STATES.
(a) Authorization.--Except as provided in subsection (c)
and section 207, no person may construct, connect, operate,
or maintain a cross-border segment of an oil pipeline or
electric transmission facility for the import or export of
oil or the transmission of electricity to or from Canada or
Mexico without obtaining a certificate of crossing for the
construction, connection, operation, or maintenance of the
cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to a cross-
border segment for which a request is received under this
section, the Secretary of Energy, in consultation with
appropriate Federal agencies, shall issue a certificate of
crossing for the cross-border segment unless the relevant
official finds that the construction, connection, operation,
or maintenance of the cross-border segment is not in the
national security interest of the United States.
(2) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable
policies and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or Independent
System Operator with operational or functional control over
the cross-border segment of the electric transmission
facility.
(c) Exclusions.--This section shall not apply to any
construction, connection, operation, or maintenance of a
cross-border segment of an oil pipeline or electric
transmission facility for the import or export of oil or the
transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for such
import, export, or transmission as of the date of enactment
of this Act;
(2) if a permit described in section 206 for such
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for such construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 206
for such construction, connection, operation, or maintenance
is pending on the date of enactment of this Act, until the
earlier of--
(A) the date on which such application is denied; or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 207 shall affect the application of any other Federal
statute to a project for which a certificate of crossing for
the construction, connection, operation, or maintenance of a
cross-border segment is sought under this section.
(2) Natural gas act.--Nothing in this section or section
207 shall affect the requirement to obtain approval or
authorization under sections 3 and 7 of the Natural Gas Act
for the siting, construction, or operation of any facility to
import or export natural gas.
SEC. 204. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA
AND MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended by adding at the end the following: ``No order is
required under subsection (a) to authorize the export or
import of any natural gas to or from Canada or Mexico.''.
SEC. 205. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND
MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(b) Conforming Amendments.--
(1) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that
follows through the period at the end and inserting ``the
Secretary has conducted hearings and finds that the proposed
transmission facilities would not impair the sufficiency of
electric supply within the United States or would not impede
or tend to impede the coordination in the public interest of
facilities subject to the jurisdiction of the Secretary.''.
SEC. 206. NO PRESIDENTIAL PERMIT REQUIRED.
No Presidential permit (or similar permit) required under
Executive Order No. 13337 (3 U.S.C. 301 note), Executive
Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, Executive Order No. 12038, Executive
Order No. 10485, or any other Executive order shall be
necessary for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric
transmission facility, or any cross-border segment thereof.
SEC. 207. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 203, or permit
described in section 206, shall be required for a
modification to the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric
transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of this Act;
(2) for which a permit described in section 206 for such
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously
been issued under section 203.
SEC. 208. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 203 through 207, and the
amendments made by such sections, shall take effect on
January 1, 2016.
(b) Rulemaking Deadlines.--Each relevant official described
in section 203(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a
proposed rulemaking to carry out the applicable requirements
of section 203; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to
carry out the applicable requirements of section 203.
SEC. 209. DEFINITIONS.
In this title--
(1) the term ``cross-border segment'' means the portion of
an oil or natural gas pipeline or electric transmission
facility that is located at the national boundary of the
United States with either Canada or Mexico;
(2) the term ``modification'' includes a reversal of flow
direction, change in ownership, volume expansion, downstream
or upstream interconnection, or adjustment to maintain flow
(such as a reduction or increase in the number of pump or
compressor stations);
(3) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(4) the term ``oil'' means petroleum or a petroleum
product;
[[Page S214]]
(5) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o); and
(6) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings
given those terms in section 3 of the Federal Power Act (16
U.S.C. 796).
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