[Congressional Record Volume 161, Number 8 (Friday, January 16, 2015)]
[Senate]
[Pages S242-S243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 43. Mr. HOEVEN (for himself and Mr. Donnelly) submitted an
amendment intended to be proposed to amendment SA 2 proposed by Ms.
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee,
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr.
Portman, Mr. Alexander, and Mrs. Capito) 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 relevant official identified under paragraph
(2), 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 public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil pipelines;
and
(B) the Secretary of Energy with respect to electric
transmission facilities.
(3) 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) Energy policy and conservation act.--Nothing in this
section or section 207 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act.
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--
(1) by striking, ``For purposes of subsection (a) of this
section'' and inserting the following:
``(1) In general.--For purposes of subsection (a)''; and
(2) by adding at the end the following:
``(2) Deadline for approval of applications relating to
canada and mexico.--In the case of an application for the
importation or exportation of natural gas to or from Canada
or Mexico, the Commission shall approve the application not
later than 30 days after the date of receipt of the
application.''.
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
[[Page S243]]
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 the 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 July
1, 2015.
(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 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;
(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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