North American Energy Infrastructure Act

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1228 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1228

  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 SENATE OF THE UNITED STATES

                              May 6, 2015

  Mr. Hoeven (for himself and Mr. Donnelly) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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 
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. 3. DEFINITIONS.

    In this Act:
            (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).

SEC. 4. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE 
              NATIONAL BOUNDARY OF THE UNITED STATES.

    (a) Authorization.--Except as provided in subsection (c) and 
section 8, 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 the 
        import, export, or transmission as of the date of enactment of 
        this Act;
            (2) if a permit described in section 7 for the 
        construction, connection, operation, or maintenance has been 
        issued;
            (3) if a certificate of crossing for the construction, 
        connection, operation, or maintenance has previously been 
        issued under this section; or
            (4) if an application for a permit described in section 7 
        for the construction, connection, operation, or maintenance is 
        pending on the date of enactment of this Act, until the earlier 
        of--
                    (A) the date on which the application is denied; or
                    (B) July 1, 2016.
    (d) Effect of Other Laws.--
            (1) Application to projects.--Nothing in this section or 
        section 8 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 section.
            (2) Energy policy and conservation act.--Nothing in this 
        section or section 8 shall affect the authority of the 
        President under section 103(a) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6212(a)).

SEC. 5. 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.''.

SEC. 6. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.

    (a) Repeal of Requirement To Secure Order.--Section 202 of the 
Federal Power Act (16 U.S.C. 824a) is amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively.
    (b) Conforming Amendments.--
            (1) State regulations.--Subsection (e) of section 202 of 
        the Federal Power Act (16 U.S.C. 824a) (as redesignated by 
        subsection (a)(2)) 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)''.
            (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 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.''.

SEC. 7. NO PRESIDENTIAL PERMIT REQUIRED.

    (a) In General.--No Presidential permit (or similar permit) 
required under an applicable provision described in subsection (b) 
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.
    (b) Applicable Provisions.--Subsection (a) applies to--
            (1) section 301 of title 3, United States Code;
            (2) Executive Order 11423 (3 U.S.C. 301 note);
            (3) Executive Order 13337 (3 U.S.C. 301 note);
            (4) Executive Order 10485 (15 U.S.C. 717b note);
            (5) Executive Order 12038 (42 U.S.C. 7151 note); and
            (6) any other Executive order.

SEC. 8. MODIFICATIONS TO EXISTING PROJECTS.

    No certificate of crossing under section 4, or permit described in 
section 7, 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 7 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 section 4.

SEC. 9. EFFECTIVE DATE; RULEMAKING DEADLINES.

    (a) Effective Date.--Sections 4 through 8, and the amendments made 
by those sections, take effect on July 1, 2016.
    (b) Rulemaking Deadlines.--Each relevant official described in 
section 4(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 
        4; 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 4.
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