[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Pages S3806-S3807]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1688. Mr. HOEVEN (for himself and Mr. Donnelly) submitted an
amendment intended to be proposed to amendment SA 1463 proposed by Mr.
McCain to the bill H.R. 1735, to authorize appropriations for fiscal
year 2016 for military activities of the Department of Defense and for
military construction, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. ENERGY INFRASTRUCTURE.
(a) 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.
(b) Definitions.--In this section:
(1) Cross-border segment.--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 Canada or Mexico.
(2) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given the term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(3) Independent system operator.--The term ``Independent
System Operator'' has the meaning given the term in section 3
of the Federal Power Act (16 U.S.C. 796).
(4) Modification.--The term ``modification'' includes--
(A) a change in ownership;
(B) a volume expansion;
(C) a downstream or upstream interconnection; or
(D) an adjustment to maintain flow (such as a reduction or
increase in the number of pump or compressor stations).
(5) Natural gas.--The term ``natural gas'' has the meaning
given the term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(6) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(7) Regional entity.--The term ``regional entity'' has the
meaning given the term in section 215(a) of the Federal Power
Act (16 U.S.C. 824o(a)).
(8) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C.
796).
(c) Authorization of Certain Energy Infrastructure Projects
at the National Boundary of the United States.--
(1) Authorization.--Except as provided in paragraph (3) and
subsection (g), 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.
(2) Certificate of crossing.--
(A) 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 subparagraph
(B), 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.
(B) Relevant official.--The relevant official referred to
in subparagraph (A) is--
(i) the Secretary of State with respect to oil pipelines;
and
(ii) the Secretary of Energy with respect to electric
transmission facilities.
(C) 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 subparagraph (A), that the cross-border segment
of the electric transmission facility be constructed,
connected, operated, or maintained consistent with all
applicable policies and standards of--
(i) the Electric Reliability Organization and the
applicable regional entity; and
(ii) any Regional Transmission Organization or Independent
System Operator with operational or functional control over
the cross-border segment of the electric transmission
facility.
(3) 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--
(A) if the cross-border segment is operating for the
import, export, or transmission as of the date of enactment
of this Act;
(B) if a permit described in subsection (f) for the
construction, connection, operation, or maintenance has been
issued;
(C) if a certificate of crossing for the construction,
connection, operation, or maintenance has previously been
issued under this subsection; or
(D) if an application for a permit described in subsection
(f) for the construction, connection, operation, or
maintenance is pending on the date of enactment of this Act,
until the earlier of--
(i) the date on which the application is denied; or
(ii) July 1, 2016.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this subsection or
subsection (g) affects the application of any other Federal
law 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 subsection.
(B) Energy policy and conservation act.--Nothing in this
subsection or subsection (g) shall affect the authority of
the President under section 103(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6212(a)).
(d) 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 ``(c) For purposes'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes''; 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.''.
(e) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202 of
the Federal Power Act (16 U.S.C. 824a) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(2) Conforming amendments.--
(A) State regulations.--Subsection (e) of section 202 of
the Federal Power Act (16 U.S.C. 824a) (as redesignated by
paragraph (1)(B)) is amended in the second sentence 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)''.
(B) 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 of the second sentence
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.''.
(f) No Presidential Permit Required.--
(1) In general.--No Presidential permit (or similar permit)
required under an applicable provision described in paragraph
(2) 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 of the pipeline or facility.
(2) Applicable provisions.--Paragraph (1) applies to--
(A) section 301 of title 3, United States Code;
(B) Executive Order 11423 (3 U.S.C. 301 note);
(C) Executive Order 13337 (3 U.S.C. 301 note);
(D) Executive Order 10485 (15 U.S.C. 717b note);
(E) Executive Order 12038 (42 U.S.C. 7151 note); and
(F) any other Executive order.
(g) Modifications to Existing Projects.--No certificate of
crossing under subsection (c), or permit described in
subsection (f), 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 subsection (f) for the
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 subsection (c).
(h) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (c) through (g), and the
amendments made by those subsections, take effect on July 1,
2016.
[[Page S3807]]
(2) Rulemaking deadlines.--Each relevant official described
in subsection (c)(2)(B) shall--
(A) 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 subsection (c); and
(B) 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 subsection (c).
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