[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4689 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4689
To amend the Federal Power Act to facilitate more expeditious review
and permitting of certain electric transmission facilities, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2023
Mr. Peters (for himself, Mr. Veasey, and Mr. Cardenas) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Natural Resources, and
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Power Act to facilitate more expeditious review
and permitting of certain electric 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 ``Facilitating America's Siting of
Transmission and Electric Reliability Act of 2023'' or the ``FASTER Act
of 2023''.
SEC. 2. NATIONAL INTEREST ELECTRIC TRANSMISSION FACILITIES.
(a) In General.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended to read as follows:
``SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(2) Community benefit agreement.--
``(A) In general.--The term `community benefit
agreement' means an agreement between CBA parties,
including, at a minimum, at least 1 entity described in
each of subclauses (I) through (IV) of subparagraph
(B)(iii), that--
``(i) relates to a project for the
construction or modification of a national
interest electric transmission facility for
which a permit is sought under subsection (c);
``(ii) is applicable through the
construction (or modification) and operation of
that national interest electric transmission
facility;
``(iii) is negotiated through a process
that includes meaningful engagement, by the
project sponsor, with--
``(I) the applicable 1 or more
agreement entities that are parties to
the agreement; and
``(II) stakeholder groups,
including at least 1 entity described
in each of subclauses (I) and (II) of
subparagraph (B)(v);
``(iv) details specific, measurable, and
legally enforceable CBA commitments;
``(v) includes a detailed plan, with clear
metrics, milestones, and timelines, for
accomplishing CBA commitments;
``(vi) establishes specific roles,
responsibilities, and processes for tracking
and reporting progress with respect to CBA
commitments;
``(vii) establishes clear enforcement
processes to address noncompliance, including
specific penalties for noncompliance; and
``(viii) requires the CBA parties to
annually submit to the Commission a report that
describes, in a transparent manner--
``(I) the CBA commitments included
in the agreement; and
``(II) the progress made with
respect those CBA commitments.
``(B) Associated definitions.--For purposes of this
paragraph:
``(i) Agreement entity.--
``(I) In general.--The term
`agreement entity' means an entity
described in subclause (II) that will
be significantly impacted by project
development, construction, or local
operations activities relating to the
applicable project that is the subject
of the agreement described in
subparagraph (A).
``(II) Entity described.--An entity
referred to in subclause (I) is any of
the following:
``(aa) Any political
subdivision of a State,
including a county and any
subdivision of a county, in
which the project will be
located.
``(bb) A Tribal
governmental entity of an
Indian Tribe that will be
affected by the project.
``(cc) Any other State,
Tribal, or local entity, as the
Commission or the parties to
the applicable agreement
determine to be appropriate.
``(ii) CBA commitment.--The term `CBA
commitment' means a commitment, made by the
project sponsor and detailed in an agreement
described in subparagraph (A), that benefits
stakeholder groups.
``(iii) CBA party.--The term `CBA party'
includes, at a minimum, each of the following:
``(I) The project sponsor.
``(II) An agreement entity.
``(III) A community group.
``(IV) A labor union or equivalent
organization, such as a workforce
development board, representing workers
or trades that will be needed for each
of the construction and operation
(including, if applicable, production)
activities associated with the project
that is the subject of the agreement
described in subparagraph (A).
``(iv) Community group.--The term
`community group' means any of the following:
``(I) An unincorporated association
composed of--
``(aa) underserved,
overburdened, or disadvantaged
communities and members of
those communities in the
applicable agreement entity; or
``(bb) affected landowners
or community members in the
applicable agreement entity.
``(II) A registered organization
described in section 501(c)(3) of the
Internal Revenue Code of 1986 and
exempt from taxation under section
501(a) of that Code that has a history
of--
``(aa) prior work
consistent with the goals
established by the applicable
agreement described in
subparagraph (A); or
``(bb) advocating for
community members in the
applicable agreement entity.
``(v) Stakeholder group.--The term
`stakeholder group' means--
``(I) a community group; and
``(II) a CBA party described in
clause (iii)(IV).
``(C) Requirement.--The Commission shall make all
reports submitted to the Commission in accordance with
subparagraph (A)(viii) publicly available on the
website of the Commission.
``(3) Cooperating agency.--The term `cooperating agency'
has the meaning given the term in section 1508.1 of title 40,
Code of Federal Regulations (or a successor regulation).
``(4) Council.--The term `Council' means the Federal
Permitting Improvement Steering Council established by section
41002(a) of the FAST Act (42 U.S.C. 4370m-1(a)).
``(5) Environmental review document.--The term
`environmental review document' has the meaning given the term
`environmental document' in section 41001 of the FAST Act (42
U.S.C. 4370m).
``(6) Federal authorization.--
``(A) In general.--The term `Federal authorization'
means any authorization required under Federal law in
order to site a national interest electric transmission
facility.
``(B) Inclusions.--The term `Federal authorization'
includes such permits, special use authorizations,
certifications, opinions, or other approvals as may be
required under Federal law in order to site a national
interest electric transmission facility.
``(7) National interest electric transmission facility.--
The term `national interest electric transmission facility'
means--
``(A) an electric transmission facility--
``(i) that is located in a national
interest electric transmission corridor
designated by the Secretary under paragraph (2)
or (5) of subsection (b); and
``(ii) with respect to which the Commission
finds that the proposed construction or
modification of the facility--
``(I) is consistent with the public
interest;
``(II) will significantly reduce
transmission congestion in interstate
commerce;
``(III) will protect or benefit
consumers;
``(IV) is consistent with sound
national energy policy;
``(V) will enhance energy
independence; and
``(VI) will maximize, to the extent
reasonable and economical, the
transmission capabilities of existing
towers or structures; or
``(B) an electric transmission facility that--
``(i) has a transmission capacity of not
less than--
``(I) 345 kilovolts; or
``(II) 750 megawatts; and
``(ii) is located in not fewer than 2
States.
``(8) Participating agency.--The term `participating
agency' has the meaning given the term in section 41001 of the
FAST Act (42 U.S.C. 4370m).
``(9) Prefiling process.--The term `prefiling process'
means the prefiling process established under subsection
(h)(7)(C).
``(10) Qualifying project.--The term `qualifying project'
means a project--
``(A) for the siting, construction, or modification
of a national interest electric transmission facility;
and
``(B) with respect to which the project sponsor
complies with--
``(i) the prefiling regulations described
in subsection (h)(7)(C); and
``(ii) all other applicable regulations
promulgated by the Commission relating to an
application for a permit under subsection (c).
``(11) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(12) State or local authorization.--
``(A) In general.--The term `State or local
authorization' means any authorization required under
State or local law in order to site a transmission
facility.
``(B) Inclusions.--The term `State or local
authorization' includes such permits, special use
authorizations, certifications, opinions, or other
approvals as may be required under State or local law
in order to site a transmission facility.
``(b) Study, Report, and Designation of National Interest Electric
Transmission Corridors.--
``(1) Study.--Not later than 1 year after the date of
enactment of the FASTER Act of 2023, and every 3 years
thereafter, the Secretary, in consultation with affected
States, Indian Tribes, and local governments, shall conduct a
study of electric transmission capacity constraints and
congestion.
``(2) Report and designation.--Not less frequently than
once every 3 years, the Secretary, after considering
alternatives and recommendations from interested parties
(including an opportunity for comment from affected States,
Indian Tribes, and local governments), shall issue a report,
based on the study under paragraph (1) or other information
relating to electric transmission capacity constraints and
congestion, which may designate as a national interest electric
transmission corridor any geographic area that--
``(A) is experiencing electric energy transmission
capacity constraints or congestion that adversely
affects consumers; or
``(B) is expected to experience such energy
transmission capacity constraints or congestion.
``(3) Consultation.--Not less frequently than once every 3
years, the Secretary, in conducting the study under paragraph
(1) and issuing the report under paragraph (2), shall consult
with any appropriate regional entity referred to in section
215.
``(4) Considerations.--In determining whether to designate
a national interest electric transmission corridor under
paragraph (2), the Secretary shall consider whether--
``(A) the economic vitality and development of the
corridor, or the end markets served by the corridor,
may be constrained by lack of adequate or reasonably
priced electricity;
``(B)(i) economic growth in the corridor, or the
end markets served by the corridor, may be jeopardized
by reliance on limited sources of energy; and
``(ii) a diversification of supply is warranted;
``(C) the energy independence or energy security of
the United States would be served by the designation;
``(D) the designation would be in the interest of
national energy policy;
``(E) the designation would enhance national
defense and homeland security;
``(F) the designation would enhance the ability of
facilities that generate or transmit firm or
intermittent energy to connect to the electric grid;
``(G) the designation--
``(i) maximizes and prioritizes existing
rights-of-way; and
``(ii) avoids and minimizes the impact to,
to the maximum extent practicable, and offsets
to the extent appropriate and practicable,
sensitive environmental areas and cultural
heritage sites;
``(H) the designation would result in a reduction
in the cost to purchase electric energy for consumers;
and
``(I) the designation reflects comments received
from affected States, Indian Tribes, and local
governments under paragraph (2).
``(5) Designation by request.--
``(A) In general.--The developer of a project to
construct or modify an electric transmission facility
may submit to the Secretary an application to designate
1 or more proposed routes associated with the project
as a national interest electric transmission corridor.
``(B) Requirement.--A developer described in
subparagraph (A) may submit an application under that
subparagraph only if the developer--
``(i) has begun actively routing the
applicable project;
``(ii) has begun engaging in outreach to--
``(I) the community in which the
proposed route is located; and
``(II) landowners that may be
affected by the construction or
modifi