(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Resolving Environmental and Grid Reliability Conflicts Act of 2013 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to ensure that any emergency order issued under such Act for the interconnection of facilities for the generation, transmission, and sale of electric energy, that may result in a conflict with a requirement of any environmental law, shall: (1) require generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and (2) to the maximum extent practical, be consistent with any other applicable environmental law and minimize any adverse environmental impacts.
Provides that any omission or action taken by a party to comply with such an order that results in noncompliance with any environmental law shall not: (1) be considered a violation of such law; or (2) subject such party to any requirement of, or any civil or criminal liability under, such law.
Requires such an order that may result in a conflict with environmental law to expire within 90 days after it is issued. Authorizes FERC to renew or reissue such order for subsequent periods, not to exceed 90 days each, as necessary to meet the emergency and serve the public interest.
Requires FERC, in renewing or reissuing such order, to: (1) consult with the primary federal agency with expertise in the environmental interest protected by such law and include in any such order conditions determined to be necessary to minimize any adverse environmental impacts, and (2) make such conditions available to the public. Authorizes FERC to exclude such a condition from the order if such condition would prevent the order from adequately addressing the emergency.
Authorizes, during an emergency, a municipality engaged in the transmission or sale of electric energy and not otherwise subject to FERC's jurisdiction to make temporary connections with public utilities subject to FERC's jurisdiction and construct temporary facilities for the transmission of electric energy in interstate commerce as may be necessary or appropriate to meet such emergency.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 271 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 271
To clarify that compliance with an emergency order under section 202(c)
of the Federal Power Act may not be considered a violation of any
Federal, State, or local environmental law or regulation, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2013
Mr. Olson (for himself, Mr. Gene Green of Texas, Mr. Doyle, Mr. Terry,
and Mr. Kinzinger of Illinois) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To clarify that compliance with an emergency order under section 202(c)
of the Federal Power Act may not be considered a violation of any
Federal, State, or local environmental law or regulation, 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 ``Resolving Environmental and Grid
Reliability Conflicts Act of 2013''.
SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT.
(a) Compliance With or Violation of Environmental Laws While Under
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C.
824a(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) With respect to an order issued under this subsection that
may result in a conflict with a requirement of any Federal, State, or
local environmental law or regulation, the Commission shall ensure that
such order requires generation, delivery, interchange, or transmission
of electric energy only during hours necessary to meet the emergency
and serve the public interest, and, to the maximum extent practicable,
is consistent with any applicable Federal, State, or local
environmental law or regulation and minimizes any adverse environmental
impacts.
``(3) To the extent any omission or action taken by a party, that
is necessary to comply with an order issued under this subsection,
including any omission or action taken to voluntarily comply with such
order, results in noncompliance with, or causes such party to not
comply with, any Federal, State, or local environmental law or
regulation, such omission or action shall not be considered a violation
of such environmental law or regulation, or subject such party to any
requirement, civil or criminal liability, or a citizen suit under such
environmental law or regulation.
``(4)(A) An order issued under this subsection that may result in a
conflict with a requirement of any Federal, State, or local
environmental law or regulation shall expire not later than 90 days
after it is issued. The Commission may renew or reissue such order
pursuant to paragraphs (1) and (2) for subsequent periods, not to
exceed 90 days for each period, as the Commission determines necessary
to meet the emergency and serve the public interest.
``(B) In renewing or reissuing an order under subparagraph (A), the
Commission shall consult with the primary Federal agency with expertise
in the environmental interest protected by such law or regulation, and
shall include in any such renewed or reissued order such conditions as
such Federal agency determines necessary to minimize any adverse
environmental impacts to the maximum extent practicable. The
conditions, if any, submitted by such Federal agency shall be made
available to the public. The Commission may exclude such a condition
from the renewed or reissued order if it determines that such condition
would prevent the order from adequately addressing the emergency
necessitating such order and provides in the order, or otherwise makes
publicly available, an explanation of such determination.''.
(b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended
by inserting ``or municipality'' before ``engaged in the transmission
or sale of electric energy''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Power.
Subcommittee on Energy and Power Discharged.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Energy and Commerce. H. Rept. 113-86.
Reported by the Committee on Energy and Commerce. H. Rept. 113-86.
Placed on the Union Calendar, Calendar No. 61.
Mr. Olson moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H2898-2899)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 271.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H2898)
On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2898)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate, read the first time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 82.