North American Energy Infrastructure Act - (Sec. 3) Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act.
Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969 (NEPA), unless it is not in U.S. public interest.
Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with the policies and standards of: (1) the Electric Reliability Organization and the applicable regional entity, and (2) any Regional Transmission Organization or Independent System Operator with operational or functional control over the segment.
Exempts from such requirement any construction, connection, operation, or maintenance of a cross-border segment if: (1) it is operating for import, export, or electrical transmission upon the date of enactment of this Act; (2) the relevant permit or certificate of crossing has previously been issued under this Act; or (3) an permit application is pending on the date of enactment of this Act, until it is denied or July 1, 2016, whichever occurs first.
Retains: (1) the requirement to obtain approval or authorization under the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas, and (2) certain authority of the President under the Energy Policy and Conservation Act (EPCA).
(Sec. 4) Amends the Natural Gas Act to declare that no order of the Federal Energy Regulatory Commission (FERC) is required for the export or import of natural gas to or from Canada or Mexico.
(Sec. 5) Amends the Federal Power Act to repeal the requirement that the transmission of electric energy to a foreign country necessitates prior authorization by FERC.
(Sec. 6) Declares that no Presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment.
(Sec. 7) Declares that no certificate of crossing or permit shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility that: (1) operates 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 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.
(Sec. 8) Sets forth deadlines for rulemaking.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3301 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3301
To require approval for the construction, connection, operation, or
maintenance of oil or natural gas pipelines or electric transmission
facilities at the national boundary of the United States for the import
or export of oil, natural gas, or electricity to or from Canada or
Mexico, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 22, 2013
Mr. Upton (for himself, Mr. Gene Green of Texas, Mr. Barton, Mr.
Collins of New York, Mr. Costa, Mr. Cramer, Mr. Cuellar, Mr. Gallego,
Mr. Hinojosa, Mr. Matheson, Mrs. McMorris Rodgers, Mr. Peterson, Mr.
Pompeo, Mr. Terry, Mr. Vela, and Mr. Whitfield) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Transportation and
Infrastructure and Natural Resources, 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 require approval for the construction, connection, operation, or
maintenance of oil or natural gas pipelines or electric transmission
facilities at the national boundary of the United States for the import
or export of oil, natural gas, or electricity to or from Canada or
Mexico, 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 ``North American Energy Infrastructure
Act''.
SEC. 2. 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,
natural gas, and electricity to and from Canada and Mexico, in pursuit
of a more secure and efficient North American energy market.
SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE
NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsections (d) and (e),
no person may construct, connect, operate, or maintain an oil or
natural gas pipeline or electric transmission facility at the national
boundary of the United States for the import or export of oil, natural
gas, or electricity to or from Canada or Mexico without obtaining
approval of the construction, connection, operation, or maintenance
under this section.
(b) Approval.--
(1) Requirement.--Not later than 120 days after receiving a
request for approval of construction, connection, operation, or
maintenance under this section, the relevant official
identified under paragraph (2), in consultation with
appropriate Federal agencies, shall approve the request unless
the relevant official finds that the construction, connection,
operation, or maintenance is not in the national security
interests of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of Commerce with respect to oil
pipelines;
(B) the Federal Energy Regulatory Commission with
respect to natural gas pipelines; and
(C) the Secretary of Energy with respect to
electric transmission facilities.
(3) Approval not major federal action.--An approval of
construction, connection, operation, or maintenance under
paragraph (1) shall not be construed to constitute a major
Federal action for purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Additional requirement for electric transmission
facilities.--In the case of a request for approval of the
construction, connection, operation, or maintenance of an
electric transmission facility, the Secretary of Energy shall
require, as a condition of approval of the request under
paragraph (1), that 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 electric transmission
facility.
(c) No Other Approval Required.--No Presidential permit (or similar
permit) required under Executive Order 13337 (3 U.S.C. 301 note),
Executive Order 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, Executive Order 12038, Executive Order 10485, or
any other Executive Order shall be necessary for construction,
connection, operation, or maintenance to which this section applies.
(d) Exclusions.--This section shall not apply to any construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility at the national boundary of the
United States for the import or export of oil, natural gas, or
electricity to or from Canada or Mexico--
(1) if the pipeline or facility is operating at such
national boundary for such import or export as of the date of
enactment of this Act;
(2) if a permit described in subsection (c) for such
construction, connection, operation, or maintenance has been
issued;
(3) if approval of such construction, connection,
operation, or maintenance has previously been obtained under
this section; or
(4) if an application for a permit described in subsection
(c) 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.
(e) Modifications to Existing Projects.--No approval under this
section, or permit described in subsection (c), shall be required for
modifications to construction, connection, operation, or maintenance
described in paragraph (1), (2), or (3) of subsection (d), including
reversal of flow direction, change in ownership, volume expansion,
downstream or upstream interconnection, or adjustments to maintain flow
(such as a reduction or increase in the number of pump or compressor
stations).
(f) Effect of Other Laws.--Nothing in this section shall affect the
application of any other Federal statute to a project for which
approval of construction, connection, operation, or maintenance is
sought under this section.
(g) Definitions.--In this section--
(1) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
(2) the term ``oil'' means petroleum or a petroleum
product;
(3) 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
(4) 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).
SEC. 4. 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. 5. 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. 6. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 3, 4, and 5, and the amendments made
by such sections, shall take effect on July 1, 2015.
(b) Rulemaking Deadlines.--Each relevant official described in
section 3(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
3; 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 3.
<all>
DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 10 minutes of debate on the Welch (VT) part B amendment No. 3.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Welch part B amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Welch demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Mr. Whitfield moved that the Committee rise.
On motion that the Committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 3301 as unfinished business.
Considered as unfinished business. (consideration: CR H5683-5688)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier, and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3301.
The previous question was ordered pursuant to the rule. (consideration: CR H5686)
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The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text of measure as reported in House: CR H5672)
Mr. Schneider moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: CR H5686-5687; text: CR H5686)
DEBATE - The House proceeded with 10 minutes of debate on the Schneider motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new section titled Protecting the Great Lakes and Our Nation's Drinking Water Supply.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5687)
On motion to recommit with instructions Failed by recorded vote: 185 - 227 (Roll no. 353). (consideration: CR H5687)
Roll Call #353 (House)Passed/agreed to in House: On passage Passed by recorded vote: 238 - 173 (Roll no. 354).
Roll Call #354 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 238 - 173 (Roll no. 354).
Roll Call #354 (House)Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 442.