No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6747 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6747
To speed up the deployment of electricity transmission and clean
energy, with proper input from affected communities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 13, 2023
Mr. Casten (for himself, Mr. Levin, Mr. Grijalva, Ms. Castor of
Florida, Ms. Lee of Nevada, Mr. Quigley, Mr. Tonko, Ms. Matsui, Mr.
Beyer, Mr. Cartwright, Ms. Pingree, Ms. Porter, Mr. Connolly, Ms.
Jayapal, Ms. Kuster, Ms. Barragan, Mr. Blumenauer, Ms. Bonamici, Ms.
Brownley, Ms. Budzinski, Mr. Carbajal, Mr. Carter of Louisiana, Mr.
Cleaver, Mr. Cohen, Ms. Crockett, Mr. Crow, Mr. DeSaulnier, Mrs.
Dingell, Ms. Escobar, Ms. Eshoo, Mr. Foster, Mrs. Foushee, Mr. Goldman
of New York, Mr. Gomez, Mr. Huffman, Mr. Jackson of Illinois, Ms.
Jacobs, Ms. Kamlager-Dove, Mr. Khanna, Mr. Kim of New Jersey, Mr.
Krishnamoorthi, Mr. Larsen of Washington, Mr. Lieu, Ms. Lofgren, Ms.
McClellan, Mr. McGarvey, Mr. McGovern, Mr. Mullin, Mr. Nadler, Mr.
Neguse, Ms. Norton, Ms. Ocasio-Cortez, Ms. Pettersen, Mr. Raskin, Ms.
Ross, Ms. Salinas, Ms. Sanchez, Mr. Sarbanes, Ms. Scanlon, Ms.
Schakowsky, Mr. Schneider, Mr. Scott of Virginia, Mr. Smith of
Washington, Mr. Sorensen, Ms. Spanberger, Ms. Stansbury, Ms. Stevens,
Mr. Takano, Ms. Tokuda, Mrs. Trahan, Mr. Trone, Mr. Vargas, Ms. Wexton,
Ms. Wild, and Ms. Williams of Georgia) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Ways and Means, Natural Resources,
Agriculture, the Judiciary, Transportation and Infrastructure,
Financial Services, Oversight and Accountability, and the Budget, 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 speed up the deployment of electricity transmission and clean
energy, with proper input from affected communities, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Clean Electricity
and Transmission Acceleration Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVEMENT OF NATIONAL ELECTRICITY TRANSMISSION CAPACITY
Sec. 101. Definitions.
Sec. 102. Improvement of interregional electric transmission planning.
Sec. 103. Allocation of costs of interregional electric transmission
facilities.
Sec. 104. Allocation of costs of electricity interconnection and
network upgrades.
Sec. 105. Deployment of grid enhancing assets.
Sec. 106. Protection of electricity reliability through improved
interregional transfer capability.
Sec. 107. Increased FERC transmission siting authority.
Sec. 108. Facilitation of efficient environmental review of the
designation of national interest electric
transmission corridors.
Sec. 109. Increased flexibility for Federal transmission financing.
Sec. 110. Establishment of transmission investment tax credit.
TITLE II--IMPROVEMENT OF GOVERNANCE AND EFFICIENCY OF THE GRID
Sec. 201. Authorization to establish FERC Office of Electricity
Transmission.
Sec. 202. Support for FERC Staffing.
Sec. 203. Evaluation of FERC fee assessments.
Sec. 204. Establishment of independent transmission monitors.
Sec. 205. Assurance of interoperability of offshore electric
transmission infrastructure.
Sec. 206. Aggregator bidding into organized wholesale electric markets.
Sec. 207. Expansion of community solar.
Sec. 208. Establishment of program to facilitate voluntary streamlined
process for local permitting of qualifying
distributed energy systems.
Sec. 209. Mitigation of the shortage of electricity transformers.
Sec. 210. Study of next generation highways.
TITLE III--MODERNIZATION OF ELECTRICITY RATEMAKING
Sec. 301. Reflection of the cost of greenhouse gas emissions in rates.
Sec. 302. Facilitation of performance-based ratemaking.
TITLE IV--FACILITATION OF CLEAN ENERGY DEPLOYMENT ON PUBLIC LAND
Sec. 401. Definitions.
Sec. 402. Establishment of national goal for renewable energy
production on Federal land.
Sec. 403. Requirement for land use planning and updates to programmatic
environmental impact statements.
Sec. 404. Limited exemptions from new requirements.
Sec. 405. Distribution of revenues.
Sec. 406. Incentives for renewable energy development in priority
areas.
Sec. 407. Savings clause.
TITLE V--MODERNIZATION OF OFFSHORE RENEWABLE ENERGY PERMITTING
Sec. 501. Establishment of national offshore wind permitting target.
Sec. 502. Increased responsible development of offshore renewable
energy projects.
Sec. 503. Establishment of Offshore Renewable Energy Compensation Fund.
TITLE VI--EMPOWERMENT OF COMMUNITIES
Sec. 601. Establishment of Office of Environmental Justice and External
Civil Rights.
Sec. 602. Establishment of White House Environmental Justice
Interagency Council.
Sec. 603. Prohibition on disparate impact discrimination.
Sec. 604. Provision for right of action.
Sec. 605. Provision for rights of recovery.
Sec. 606. Requirement for community impact reports.
Sec. 607. Engagement with environmental justice communities and Indian
Tribes in NEPA Reviews.
Sec. 608. Requirement of notices of intent to prepare environmental
documents.
Sec. 609. Avoidance of cumulative impacts through NEPA.
Sec. 610. Inclusion of greenhouse gas projections in NEPA reviews.
Sec. 611. Establishment of community benefits agreements.
Sec. 612. Requirement of timely public release of NEPA documentation.
Sec. 613. Establishment of grants for capacity building and community
engagement.
Sec. 614. Establishment of fees for environmental reviews and
authorizations for projects.
Sec. 615. Establishment of interagency environmental data system.
Sec. 616. Transference of unobligated balances for use under the
Endangered Species Act.
Sec. 617. Designation of senior community engagement officers and
Tribal community engagement officers.
Sec. 618. Establishment of FERC Environmental Justice Liaison.
Sec. 619. Requirement for intervenor funding at FERC Office of Public
Participation.
Sec. 620. Reform of RTO and ISO governance and participation.
Sec. 621. Savings clause.
Sec. 622. Definitions.
TITLE I--IMPROVEMENT OF NATIONAL ELECTRICITY TRANSMISSION CAPACITY
SEC. 101. DEFINITIONS.
Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by
adding at the end the following:
``(30) Energy storage project.--The term `energy storage
project' means equipment that receives, stores, and delivers
energy using batteries, compressed air, pumped hydropower,
hydrogen storage (including hydrolysis), thermal energy
storage, regenerative fuel cells, flywheels, capacitors,
superconducting magnets, or other technologies identified by
the Secretary of Energy.
``(31) Generating facility.--The term `generating facility'
means any facility that generates electricity.
``(32) Generator tie line.--The term `generator tie line'
means a dedicated transmission line that is used to transmit
power from a generating facility or an energy storage project
to a transmission facility or a transmission system.
``(33) Greenhouse gas.--The term `greenhouse gas' includes
each of the following:
``(A) Carbon dioxide.
``(B) Methane.
``(C) Nitrous oxide.
``(D) Sulfur hexafluoride.
``(E) Any hydrofluorocarbon.
``(F) Any perfluorocarbon.
``(G) Nitrogen trifluoride.
``(H) Any fully fluorinated linear, branched, or
cyclic--
``(i) alkane;
``(ii) ether;
``(iii) tertiary amine; or
``(iv) aminoether.
``(I) Any perfluoropolyether.
``(J) Any hydrofluoropolyether.
``(K) Any other fluorocarbon, except for a
fluorocarbon with a vapor pressure of less than 1 mm of
Hg absolute at 25 degrees Celsius.
``(34) Grid enhancing asset.--The term `grid enhancing
asset'--
``(A) means a resource, technology, or procedure
that, when utilized--
``(i) increases the capacity, efficiency,
or reliable operation of a transmission system;
or
``(ii) defers or eliminates the need for a
new transmission facility;
``(B) may include--
``(i) distributed electricity generation
resources;
``(ii) power flow control and transmission
switching equipment;
``(iii) an energy storage project;
``(iv) topology optimization technology;
``(v) dynamic line rating technology;
``(vi) advanced transmission technologies,
such as composite reinforced aluminum
conductors or high temperature superconductors;
``(vii) technologies or procedures that
increase the flexibility of the demand for
electricity;
``(viii) other resources, technologies, or
procedures that increase energy efficiency,
capacity, or reliability; and
``(ix) a combination of the resources,
technologies, or procedures described in
clauses (i) through (viii); and
``(C) does not include a facility for--
``(i) the transmission of electricity; or
``(ii) the generation of electricity.
``(35) Interconnection customer.--The term `interconnection
customer' means an entity, or any affiliates or subsidiaries of
an entity, that proposes to interconnect a generating facility
or an energy storage project to a transmission facility or
transmission system.
``(36) Transmission benefits.--The term `transmission
benefits' means the broad range of economic, operational,
safety, resilience, public policy, and environmental benefits
(as assessed by the Commission in accordance with section
224(e)) and other reasonably anticipated benefits of
constructing, modifying, or operating a transmission facility,
including--
``(A) improved reliability;
``(B) improved resilience;
``(C) improved safety;
``(D) reduced congestion;
``(E) reduced power losses;
``(F) greater carrying capacity;
``(G) reduced operating reserve requirements;
``(H) improved access to lower-cost electricity
generation;
``(I) improved access to electricity generating
facilities with no direct emissions of greenhouse
gases;
``(J) improved public health from the closure of
electricity generation facilities that emit harmful
pollution;
``(K) increased competition and market liquidity in
electricity markets;
``(L) improved energy resilience and resilience of
Department of Defense installations; and
``(M) other potential benefits of increasing the
interconnectedness of the electric grid.
``(37) Network upgrade.--The term `network upgrade' means--
``(A) any addition to or expansion of any
transmission facility or transmission system;
``(B) the construction of a new transmission
facility that will become part of a transmission
system;
``(C) the addition of an energy storage project to
a transmission facility or a transmission system; or
``(D) any construction, deployment, or addition of
a grid enhancing asset to a transmission facility or a
transmission system that eliminates or reduces the need
to carry out any of the activities described in
subparagraphs (A) through (C).
``(38) Participant funding.--The term `participant funding'
means any cost allocation method under which an interconnection
customer is required to pay, without reimbursement, all or a
disproportionate amount of the costs of a network upgrade that
is determined by the Commission to be necessary to ensure the
reliable interconnection of the interconnection customer's
generating facility or energy storage project.
``(39) Transmission planning region.--The term
`transmission planning region' means a region for which
electric transmission planning is appropriate, as determined by
the Commission, including a region approved by the Commission
to meet the requirements of the final rule titled `Transmission
Planning and Cost Allocation by Transmission Owning and
Operating Public Utilities' published in the Federal Register
on October 4, 2012 (77 Fed. Reg. 60689).
``(40) Transmission system.--For purposes of sections 224,
226, 227, and 229, the term `transmission system' means a
network of transmission facilities used for the transmission of
electric energy in interstate commerce.''.
SEC. 102. IMPROVEMENT OF INTERREGIONAL ELECTRIC TRANSMISSION PLANNING.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by adding at the end the following:
``SEC. 224. IMPROVING INTERREGIONAL ELECTRIC TRANSMISSION PLANNING.
``(a) In General.--Not later than 18 months after the date of
enactment of this section, the Commission shall issue regulations
requiring each Transmission Organization to, not later than 3 years
after the date of enactment of this section and at least every 3 years
thereafter, file with the Commission a plan that identifies, and to
facilitate the construction of, interregional electric transmission
projects that are efficient, cost-effective, and broadly beneficial.
``(b) Considerations.--In determining the requirements for a plan
described in subsection (a), the Commission shall take into
consideration--
``(1) the need for the transmission systems to operate for
a minimum of 20 years and across a wide range of scenarios,
including scenarios that take into account--
``(A) Federal, State, and local laws and
regulations, and other factors that affect electricity
demand and the current and future generation resource
mix;
``(B) trends in technology and fuel costs;
``(C) the retirement of generation facilities,
energy storage projects, and transmission facilities;
``(D) generator interconnection requests and
withdrawals; and
``(E) extreme weather events;
``(2) the public interest;
``(3) the integrity of electricity markets;
``(4) the protection of consumers;
``(5) the need to optimize transmission benefits;
``(6) the need for an individual interregional transmission
project to secure approvals based on a comprehensive assessment
of the multiple benefits provided;
``(7) the importance of synchronization of planning
processes in neighboring regions, such as using a joint model
on a consistent timeline with a single set of needs, input
assumptions, and benefit metrics;
``(8) the need for an individual interregional transmission
project that is identified under a Transmission Organization's
plan filed under this section not to be subject to any
subsequent planning process by another Transmission
Organization;
``(9) that evaluation of long-term scenarios should align
with the expected life of an element of a transmission system;
``(10) that a Transmission Organization should allow for
the identification and joint evaluation of alternatives
proposed by stakeholders;
``(11) the need to eliminate arbitrary project voltage,
size, or cost requirements for transmission projects;
``(12) the applicability of grid enhancing assets; and
``(13) data and analyses provided by the Secretary of
Energy, including as provided by the National Laboratories,
regarding any of the items described in paragraphs (1) through
(12).
``(c) Commission Approval.--The Commission shall approve or deny a
plan filed under this section based on whether it meets the
requirements under the regulations issued under subsection (a).
``(d) Report.--Not later than 12 months after the issuance of
regulations under subsection (a) and annually thereafter, the
Commission shall publish in the Federal Register a report on the
progress by each Transmission Organization in identifying and
facilitating the construction of interregional electric transmission
projects, including a description of the transmission benefits
associated with such projects.
``(e) Environmental Benefits.--In assessing the reduction in
greenhouse gas emissions and other environmental benefits associated
with any activity undertaken pursuant to this Act, the Commission may
use any relevant analysis or other information conducted or provided by
the Council on Environmental Quality and the Environmental Protection
Agency.''.
SEC. 103. ALLOCATION OF COSTS OF INTERREGIONAL ELECTRIC TRANSMISSION
FACILITIES.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further
amended by adding at the end the following:
``SEC. 225. ALLOCATION OF COSTS OF TRANSMISSION FACILITIES OF NATIONAL
SIGNIFICANCE.
``(a) Allocation of Costs.--
``(1) In general.--Any transmitting utility that owns,
controls, or operates a transmission facility of national
significance, or proposes to own, control, or operate a
transmission facility of national significance, may file a
tariff with the Commission in accordance with section 205
allocating the costs of constructing, modifying, and operating
such transmission facility of national significance in
accordance with paragraph (2).
``(2) Cost allocation principle.--The Commission shall
require that any tariff described in paragraph (1) allocate the
cost to construct, modify, and operate a transmission facility
of national significance to customers within the applicable
transmission planning region or regions in a manner that is
roughly commensurate with the reasonably anticipated
transmission benefits.
``(b) Definition of Transmission Facility of National
Significance.--In this section, the term `transmission facility of
national significance' means--
``(1) an interstate electric power transmission line (and
any facilities necessary for the operation of such electric
power transmission line)--
``(A) that has a transmission capacity of not less
than 1,000 megawatts; and
``(B) the construction of which is completed on or
after the date of enactment of this section;
``(2) an electric power transmission line (and any
facilities necessary for the operation of such electric power
transmission line) that is located offshore, the construction
of which is completed on or after the date of enactment of this
section; or
``(3) an expansion of, or upgrade to, an interstate
electric power transmission line (and any facilities necessary
for the operation of such electric power transmission line)
that--
``(A) increases the transmission capacity of such
electric power transmission line by at least 500
megawatts; and
``(B) the construction of which is completed on or
after the date of enactment of this section.
``(c) Savings Provision.--This section does not affect the
authority of the Commission to approve the allocation of costs of
transmission facilities other than transmission facilities of national
significance.''.
SEC. 104. ALLOCATION OF COSTS OF ELECTRICITY INTERCONNECTION AND
NETWORK UPGRADES.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further
amended by adding at the end the following:
``SEC. 226. ALLOCATION OF COSTS OF ELECTRICITY INTERCONNECTION AND
NETWORK UPGRADES.
``(a) In General.--Not later than 18 months after the date of
enactment of this section, the Commission shall issue regulations,
under section 206, that prohibit the use of exclusive or
disproportionate participant funding in allocating the costs of a
network upgrade.
``(b) Requirements.--In prohibiting the use of exclusive or
disproportionate participant funding under the regulations issued under
subsection (a), the Commission shall, except as provided in subsection
(c), require that each transmitting utility--
``(1) shall not allocate the costs of a network upgrade
solely or disproportionately to the requesting interconnection
customer; and
``(2) shall allocate the costs of a network upgrade in a
manner that is roughly commensurate with reasonably anticipated
transmission benefits.
``(c) Exceptions.--
``(1) Generator tie lines.--A transmitting utility may
require an interconnection customer to pay for the costs to
construct or modify any generator tie lines that will be used
to transmit power from the interconnection customer's
generating facility or energy storage project, as applicable,
to the transmission facility or the transmission system.
``(2) Voluntary payment.--
``(A) In general.--An interconnection customer may
pay upfront some or all of the costs of a network
upgrade at the transmission facility or transmission
system to which the interconnection customer plans to
interconnect its generating facility or energy storage
facility in accordance with subparagraph (B).
``(B) Refund.--
``(i) In general.--Any interconnection
customer that pays costs under subparagraph (A)
shall be refunded, in accordance with clause
(ii), the amount of such costs that would
otherwise be allocated to other parties
pursuant to the Commission's regulations issued
under this section.
``(ii) Period of refund.--The refund of
costs under clause (i) shall be complete not
later than the date that is 10 years after the
date on which the network upgrade is complete.
``(3) Sole beneficiary.--A transmitting utility may require
an interconnection customer to exclusively pay for the costs of
a network upgrade if the transmission benefits of the network
upgrade will only be received by the interconnection customer.
``(d) Effective Date of Regulations.--The Commission shall require
transmitting utilities to comply with the regulations issued under
subsection (a) not later than 180 days after such regulations have been
finalized.''.
SEC. 105. DEPLOYMENT OF GRID ENHANCING ASSETS.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further
amended by adding at the end the following:
``SEC. 227. GRID ENHANCING ASSETS.
``(a) Deployment of Grid Enhancing Assets.--Not later than 18
months after the date of enactment of the Clean Electricity and
Transmission Acceleration Act of 2023, the Commission shall issue
regulations to require the following:
``(1) Consultation; study.--With respect to processing a
request from an interconnection customer to interconnect a
generating facility or an energy storage project to a
transmission facility or transmission system, the transmitting
utility, as applicable, shall--
``(A) consult with the relevant owner or operator
of the transmission facility or transmission system,
and the interconnection customer, regarding deploying
grid enhancing assets at the transmission facility or
transmission system in addition to, or as a substitute
to, carrying out a transmission expansion or addition
at the transmission facility or transmission system,
including to maximize utilization of existing
transmission facilities, environmental justice and
resilience benefits for communities, and protection of
wildlife; and
``(B) study the efficacy of deploying grid
enhancing assets to maximize the utilization of
existing transmission facilities, environmental justice
and resilience benefits for communities, and the
protection of wildlife.
``(2) Deployment.--
``(A) In general.--An interconnection customer that
is consulted with under paragraph (1) may request that
the grid enhancing asset that was the subject of such
consultation be deployed.
``(B) Determination.--The transmitting utility of
the transmission facility or transmission system to
which such grid enhancing asset would be deployed shall
determine whether to deploy such grid enhancing asset.
If the transmitting utility of the transmission
facility or transmission system determines not to
deploy such grid enhancing asset, the interconnection
customer may appeal the determination under
subparagraph (C).
``(C) Appeal.--
``(i) In general.--An interconnection
customer that requests deployment of a grid
enhancing asset under subparagraph (A) may
submit to the Commission a request to appeal a
determination under subparagraph (B) to not
deploy the grid enhancing asset.
``(ii) Determination.--Not later than 90
days after an interconnection customer submits
a request under clause (i), the Commission
shall determine whether to require the
transmitting utility to deploy the grid
enhancing asset that is the subject of the
appeal.
``(iii) Consideration.--In making a
determination under clause (ii), the Commission
shall consider--
``(I) the impact of the deployment
of grid enhancing assets on the
operational reliability of the
transmission facility or transmission
system;
``(II) whether the grid enhancing
asset is cost-competitive and capacity
competitive with a transmission
expansion or addition at the
transmission facility or transmission
system; and
``(III) other factors determined
appropriate by the Commission.
``(b) Effective Date of Regulations.--The Commission shall require
transmitting utilities to comply with the regulations issued under
subsection (a) not later than 180 days after such regulations have been
finalized.
``(c) Just and Reasonable Cost Allocation.--In carrying out
sections 205 and 206, the Commission shall allow costs associated with
deploying grid enhancing assets to be allocated to customers that
receive transmission benefits from such grid enhancing assets.''.
SEC. 106. PROTECTION OF ELECTRICITY RELIABILITY THROUGH IMPROVED
INTERREGIONAL TRANSFER CAPABILITY.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further
amended by adding at the end the following:
``SEC. 228. PROTECTING ELECTRICITY RELIABILITY BY IMPROVING
INTERREGIONAL TRANSFER CAPABILITY.
``(a) Rulemaking.--Notwithstanding the requirements of section 322
of the Fiscal Responsibility Act (Public Law 118-5), not later than 24
months after the date of enactment of the Clean Electricity and
Transmission Acceleration Act of 2023, the Commission shall, pursuant
to section 206, issue regulations that establish requirements for
minimum transfer capability, as described under subsection (b), between
transmission planning regions.
``(b) Minimum Transfer Capability.--The aggregate minimum
interregional transfer capability for each transmission planning region
and its neighboring transmission planning region shall be not less than
30 percent of its own peak electricity demand, or in the case of a
transmission planning region that borders only 1 other transmission
planning region, not less than 15 percent of its own peak electricity
demand, unless the Commission finds, upon a showing by a transmission
planning region, that a lower transfer capability can achieve the same
or greater transmission benefits.''.
SEC. 107. INCREASED FERC TRANSMISSION SITING AUTHORITY.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is further amended by adding at the end the following:
``SEC. 229. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION
FACILITIES.
``(a) Certificate of Public Convenience and Necessity.--
``(1) In general.--On receipt of an application under
subsection (b)(1) relating to an electric transmission facility
described in paragraph (2), the Commission, after making the
finding described in paragraph (3) with respect to such
electric transmission facility, shall, by order which is
published in the Federal Register, issue to the person who
submitted such application a certificate of public convenience
and necessity for the construction, modification, or operation
of such electric transmission facility, subject to such
reasonable terms and conditions as the Commission determines to
be appropriate.
``(2) Electric transmission facility described.--An
electric transmission facility referred to in paragraph (1) is
an electric transmission facility that--
``(A) traverses or, on construction or modification
in accordance with a certificate of public convenience
and necessity issued under that paragraph, will
traverse not fewer than 2 States;
``(B) is used for the transmission of electric
energy in interstate commerce; and
``(C) has a power capacity of not less than 1,000
megawatts.
``(3) Finding described.--The finding referred to in
paragraph (1) is a finding that--
``(A) the applicant for a certificate of public
convenience and necessity is able and willing--
``(i) to carry out the activities and
perform the services proposed in the
application in a manner determined to be
appropriate by the Commission; and
``(ii) to achieve compliance with the
applicable requirements of--
``(I) this part; and
``(II) any rules and regulations
promulgated by the Commission pursuant
to this part;
``(B) the electric transmission facility to be
constructed, modified, or operated under the
certificate of public convenience and necessity will--
``(i) traverse not fewer than 2 States;
``(ii) be used for the transmission of
electric energy in interstate commerce; and
``(iii) have a power capacity of not less
than 1,000 megawatts; and
``(C) construction, modification, or operation of
the electric transmission facility, as proposed in the
application--
``(i) will--
``(I) enable the use of renewable
energy;
``(II) reduce congestion of the
applicable transmission system or
transmission systems;
``(III) improve the operational
reliability of the applicable
transmission system or transmission
systems; or
``(IV) provide system resilience
between regions of the applicable
transmission system or transmission
systems;
``(ii) will maximize, to the extent
reasonable and economical, the use of--
``(I) existing facility sites; and
``(II) the transmission
capabilities of existing electric
transmission facilities; and
``(iii) will, to the extent practicable,
minimize the use of eminent domain.
``(4) Rulemaking.--Not later than 18 months after the date
of enactment of this section, the Commission shall issue
regulations specifying--
``(A) a pre-filing process during which a person
described in subsection (b)(1) and the Commission shall
consult with--
``(i) the State commission for each State
through which the applicable electric
transmission facility will traverse;
``(ii) appropriate Federal agencies;
``(iii) each Indian Tribe that may be
affected by the proposed project to construct,
modify, or operate an electric transmission
facility; and
``(iv) the appropriate Transmission
Organization;
``(B) the form of, and information to be contained
in, an application submitted under subsection (b)(1);
``(C) requirements for determining whether the
applicable electric transmission facility will--
``(i) traverse not fewer than 2 States;
``(ii) be used for the transmission of
electric energy in interstate commerce; and
``(iii) have a power capacity of not less
than 1,000 megawatts;
``(D) criteria for determining the reasonable and
economical use of--
``(i) existing rights-of-way; and
``(ii) the transmission capabilities of
existing towers or structures;
``(E) the manner in which an application submitted
under subsection (b)(1) shall be considered, which, to
the extent practicable, shall be consistent with State
statutory and regulatory policies concerning generation
and retail sales of electricity in the States in which
the electric energy transmitted by the electric
transmission facility will be generated or sold; and
``(F) the manner in which the Commission will
consider the needs of communities that will be impacted
directly by the applicable electric transmission
facility, including how any impacts of the electric
transmission facility could be mitigated or offset.
``(5) Publication, public comment, and hearings for certain
notice of intent and draft environmental impact statements.--
``(A) Publication.--The Commission shall publish in
the Federal Register a notice of intent to prepare an
environmental impact statement and a draft
environmental impact statement with respect to an
application for a certificate of public convenience and
necessity that has been submitted under subsection
(b)(1).
``(B) Public comment.--The Commission shall provide
not less than 60 days for public comment on each notice
of intent and draft environmental impact statement
published under subparagraph (A).
``(C) Hearing.--The Commission shall provide to the
individuals and entities described in paragraph (6)(B)
a reasonable opportunity for presentation, in at least
one public hearing, of any views and recommendations on
each notice of intent and each draft environmental
impact statement published under subparagraph (A). The
Commission shall publish in the Federal Register notice
of any hearing held under this subparagraph.
``(6) Notice and opportunity for a hearing on
applications.--
``(A) In general.--In any proceeding before the
Commission to consider an application for a certificate
of public convenience and necessity under this section,
the Commission shall--
``(i) publish a notice of the application
in the Federal Register;
``(ii) provide written notice of such
application to all affected landowners in
accordance with subsection (c); and
``(iii) provide to the individuals and
entities described in subparagraph (B) a notice
and reasonable opportunity for the presentation
in at least one public hearing of any views and
recommendations with respect to the need for,
and impact of, the construction, modification,
or operation of the electric transmission
facility proposed to be constructed, modified,
or operated under the certificate.
``(B) Individuals and entities described.--The
individuals and entities referred to in subparagraph
(A) are--
``(i) an agency, selected by the Governor
(or equivalent official) of the applicable
State, of each State in which the electric
transmission facility proposed to be
constructed, modified, or operated under the
applicable certificate of public convenience
and necessity is or will be located;
``(ii) each affected landowner; and
``(iii) as determined by the Commission--
``(I) each affected Federal agency;
and
``(II) each Indian Tribe that may
be affected by the proposed
construction, modification, or
operation.
``(C) Prohibition.--The Commission may not--
``(i) require an applicant for a
certificate of public convenience and necessity
under this section to provide any notice
required under this section; or
``(ii) enter into a contract to provide any
notice required under this section with--
``(I) the applicant for the
applicable certificate of public
convenience and necessity; or
``(II) any other person that has a
financial interest in the project
proposed in the application for such
certificate.
``(b) Applications.--
``(1) In general.--A person desiring a certificate of
public convenience and necessity under this section shall
submit to the Commission an application at such time, in such
manner, and containing such information as the Commission may
require.
``(2) Requirement.--An application submitted to the
Commission under paragraph (1) shall include all information
necessary for the Commission to make the finding described in
subsection (a)(3).
``(c) Notice to Affected Landowners.--
``(1) In general.--The Commission shall provide written
notice of an application submitted under subsection (b)(1) to
all affected landowners with respect to the electric
transmission facility for which such application was submitted
in accordance with this subsection.
``(2) Requirements.--Any notice provided to an affected
landowner under paragraph (1) shall include the following:
``(A) The following statement in 14-point bold
typeface:
```The [name of applicant] has proposed building power
lines that will cross your property, and may also
require building transmission towers on your property.
If the Federal Energy Regulatory Commission approves
[applicant]'s proposed project, then [applicant] may
have the right to build transmission towers on, and
power lines over, your property, or use your property
to construct the proposed project, subject to paying
you just compensation for the loss of your property.
```If you want to raise objections to, offer support
for, or otherwise comment on this, or otherwise comment
on this project, you can do so by submitting written
comments to the Federal Energy Regulatory Commission
Docket No. [___]. You can do this electronically or by
mail. To do so electronically [to be inserted by the
Commission]. To do so by mail [to be inserted by the
Commission].'.
``(B) A description of the proposed project to
construct, modify, or operate an electric transmission
facility, including--
``(i) the location of the proposed project
(including a general location map);
``(ii) the purpose of the proposed project;
and
``(iii) the timing of the proposed project.
``(C) The name of, and the location in the docket
of the Commission at which may be found, each
submission by the applicant to the Commission relating
to the proposed project.
``(D) A general description of what the applicant
will need from the landowner if the proposed project is
approved, including the activities the applicant may
undertake and the facilities that the applicant may
seek to construct on the property of the landowner.
``(E) A description of how the landowner may
contact the applicant, including--
``(i) a website;
``(ii) an email address;
``(iii) a local or toll-free telephone
number; and
``(iv) the name of a specific person to
contact who is knowledgeable about the proposed
project.
``(F) A description of how the landowner may
contact the Commission, including--
``(i) a website;
``(ii) an email address;
``(iii) a local or toll-free telephone
number; and
``(iv) the name of a specific person to
contact who is knowledgeable about the proposed
project.
``(G) A summary of the rights that the landowner
has--
``(i) before the Commission; and
``(ii) in other proceedings under--
``(I) the Federal Rules of Civil
Procedure; and
``(II) the eminent domain rules of
the relevant State.
``(H) Any other information that the Commission
determines to be appropriate.
``(3) Obligation of applicant.--An applicant for a
certificate of public convenience and necessity under this
section shall submit to the Commission, together with the
application for the certificate, the name and address of each
affected landowner.
``(d) Regulatory Jurisdiction.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding section 216(i), no State shall regulate any
aspect of the siting or permitting of an electric transmission
facility constructed, modified, or operated under a certificate
of public convenience and necessity issued under this section.
``(2) Savings clause.--Nothing in this section affects the
rights of States under--
``(A) the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.);
``(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
``(C) the Clean Air Act (42 U.S.C. 7401 et seq.);
or
``(D) division A of subtitle III of title 54,
United States Code (formerly known as the `National
Historic Preservation Act').
``(3) Tribal consent for certain rights-of-way.--No right-
of-way over or across Tribal land may be granted pursuant to
this section unless consent for the right-of-way has been
obtained from the proper Tribal official in a manner consistent
with the requirements of section 2 of the Act of February 5,
1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324).
``(e) Judicial Review.--
``(1) In general.--Any person aggrieved by an order of the
Commission issued under this section may obtain review of the
order in--
``(A) the court of appeals of the United States for
any judicial circuit in which the electric transmission
facility to be constructed, modified, or operated under
the applicable certificate of public convenience and
necessity is or will be located; or
``(B) the United States Court of Appeals for the
District of Columbia Circuit.
``(2) Petition for review.--
``(A) In general.--A person may obtain review under
paragraph (1) by filing in the applicable court a
written petition praying that the order of the
Commission be modified or set aside in whole or in
part.
``(B) Timing.--A petition under subparagraph (A)
shall be filed by not later than 60 days after the date
on which the applicable order of the Commission is
published in the Federal Register.
``(3) Person aggrieved.--Notwithstanding any other
provision of this Act, a person aggrieved by an order of the
Commission issued under this section need not--
``(A) have been a party to the proceedings before
the Commission in which that order was issued in order
to obtain judicial review of the order under this
subsection; or
``(B) have requested rehearing before the
Commission prior to seeking judicial review.
``(f) Right of Eminent Domain for Electric Transmission
Facilities.--
``(1) In general.--The holder of a certificate of public
convenience and necessity may acquire through the exercise of
the right of eminent domain in a court described in paragraph
(2) any right-of-way, land, or other property that is necessary
to construct, modify, or operate an electric transmission
facility in accordance with such certificate if the holder has,
in the determination of the Commission, made good faith efforts
to engage with landowners and other stakeholders early in the
permitting process established under this section, and--
``(A) cannot acquire the necessary right-of-way,
land, or other property by contract;
``(B) is unable to agree with the owner of the
right-of-way, land, or other property with respect to
the compensation to be paid for that right-of-way,
land, or other property; or
``(C) cannot clear defective title with respect to
the right-of-way, land, or other property.
``(2) Court described.--A court referred to in paragraph
(1) is--
``(A) the district court of the United States for
the district in which the applicable right-of-way,
land, or other property is located; or
``(B) the appropriate State court.
``(3) Notice of order issuing certificate.--The holder of a
certificate of public convenience and necessity may not
exercise the right of eminent domain under this subsection with
respect to any property covered by the certificate unless the
Commission has first, in addition to publishing the notice of
certificate of public convenience and necessity in the Federal
Register, provided all affected landowners with notice of--
``(A) the order; and
``(B) the procedures for obtaining judicial review
of such order under subsection (e), including a
description of the time period for seeking judicial
review under that subsection.
``(g) Condemnation Procedures.--
``(1) Appraisals.--
``(A) In general.--A holder of, or applicant for, a
certificate of public convenience and necessity shall
have any property that the holder or applicant seeks to
acquire through the exercise of the right of eminent
domain under subsection (f) appraised in accordance
with generally accepted appraisal standards by an
appraiser selected by the owner of the property,
subject to subparagraph (D).
``(B) Requirements.--
``(i) Costs.--The applicable holder of, or
applicant for, a certificate of public
convenience and necessity shall pay for each
appraisal carried out under subparagraph (A).
``(ii) Inspections.--The owner of the
applicable property (or a designated
representative of the owner) shall be given the
opportunity to accompany the appraiser during
any inspection of the property that is part of
an appraisal under subparagraph (A).
``(C) Timing.--An appraisal under subparagraph (A)
shall be carried out before--
``(i) the holder of, or applicant for, the
certificate of public convenience and necessity
makes an offer of just compensation under
paragraph (2); or
``(ii) the holder of the certificate of
public convenience and necessity commences an
action or proceeding to exercise the right of
eminent domain under subsection (f).
``(D) Selection of appraiser.--If the owner of the
applicable property does not select an appraiser under
subparagraph (A) by the date that is 60 days after the
date on which the holder of, or applicant for, the
applicable certificate of public convenience and
necessity requests that the owner do so, the holder or
applicant shall have the right to select the appraiser.
``(2) Offers of just compensation.--
``(A) In general.--Any offer of just compensation
made to an affected landowner of property that is or
will be covered by a certificate of public convenience
and necessity--
``(i) shall be made in writing;
``(ii) may not be for an amount less than
the fair market value of the property, as
determined by an appraisal carried out under
paragraph (1); and
``(iii) shall include compensation for--
``(I) any lost income from the
property; and
``(II) any damages to any other
property of the owner.
``(B) Timing.--The holder of a certificate of
public convenience and necessity may not make an offer
of just compensation to an affected landowner until the
date that is 30 days after the date on which the
Commission provides a notice to the affected landowner
under subsection (f)(3).
``(3) Jurisdictional limitations.--
``(A) Minimum jurisdictional amount.--A district
court of the United States shall only have jurisdiction
of an action or proceeding to exercise the right of
eminent domain under subsection (f) if the amount
claimed by the owner of the property to be condemned
exceeds $3,000.
``(B) Tribal land.--A district court of the United
States shall have no jurisdiction to condemn any
interest in Tribal land.
``(4) Limitation on condemnation.--In any action or
proceeding to exercise the right of eminent domain under
subsection (f), a court--
``(A) may condemn an interest in property only to
the extent necessary for the specific facilities
described in the applicable certificate of public
convenience and necessity; and
``(B) may not--
``(i) condemn any other interest; or
``(ii) condemn an interest for any purpose
not described in that certificate.
``(5) Right of possession.--With respect to any action or
proceeding to exercise the right of eminent domain under
subsection (f), an owner of property that is covered by the
applicable certificate of public convenience and necessity
shall not be required to surrender possession of that property
unless the holder of the certificate--
``(A) has paid to the owner the award of
compensation in the action or proceeding; or
``(B) has deposited the amount of that award with
the court.
``(6) Litigation costs.--
``(A) In general.--A holder of a certificate of
public convenience and necessity that commences an
action or proceeding to exercise the right of eminent
domain under subsection (f) shall be liable to the
owner of any property condemned in that proceeding for
the costs described in subparagraph (B) if the amount
awarded to that owner for the property condemned is
more than 125 percent of the amount offered to the
owner by the holder before the commencement of that
action or proceeding.
``(B) Costs described.--The costs referred to in
subparagraph (A) are litigation costs incurred for the
action or proceeding described in that subparagraph by
the owner of the property condemned, including--
``(i) reasonable attorney fees;
``(ii) expert witness fees and costs; and
``(iii) reasonable travel costs to
participate in proceedings.
``(h) Enforcement of Conditions.--
``(1) In general.--An affected landowner the property of
which has been acquired by eminent domain under subsection (f)
shall have the right--
``(A) to enforce any condition in the applicable
certificate of public convenience and necessity; and
``(B) to seek damages for a violation of any
condition described in subparagraph (A).
``(2) Jurisdiction.--The district courts of the United
States shall have jurisdiction over any action arising under
paragraph (1).
``(i) Other Landowner Rights and Protections.--
``(1) Failure to timely complete projects.--
``(A) Surrender of condemned property.--
``(i) In general.--An individual or entity
from which an interest in property is acquired
through the exercise of the right of eminent
domain under subsection (f) by the holder of a
certificate of public convenience and necessity
that is issued for the construction,
modification, or operation of an electric
transmission facility may demand that the
holder of the certificate surrender that
interest to that individual or entity if--
``(I)(aa) the electric transmission
facility is not in operation (as
modified, in the case of a modification
of an electric transmission facility)
by the date specified in the
certificate (including any modification
of the certificate by the Commission);
and
``(bb) there is no request for the
extension of that date pending before
the Commission; or
``(II) subject to clause (ii), the
holder of the certificate, with the
approval of the Commission, abandons
the portion of the electric
transmission facility that is located
on the applicable property relating to
that interest.
``(ii) Requirement.--The Commission may not
approve in a certificate of public convenience
and necessity issued under this section or in
any subsequent proceeding the abandonment of
all or any part of an electric transmission
facility unless the Commission requires the
holder of the applicable certificate of public
convenience and necessity to offer to each
individual or entity described in clause (i)
the option of having the property acquired from
that individual or entity as described in that
clause restored to the condition that the
property was in prior to the issuance of the
certificate.
``(B) Repayment of condemnation award.--If an
individual or entity described in subparagraph (A)(i)
demands the surrender of an interest under that
subparagraph, the holder of the applicable certificate
of public convenience and necessity shall be entitled
to repayment of an amount equal to not more than 50
percent of the condemnation award relating to the
interest.
``(C) Jurisdiction.--The district courts of the
United States shall have jurisdiction over any action
arising under this paragraph.
``(2) Material misrepresentations.--
``(A) Rescission of transaction.--
``(i) In general.--An individual or entity
from which an interest in property is acquired
through the exercise of the right of eminent
domain under subsection (f) that proves, by a
preponderance of the evidence, that the
individual or entity has granted a right-of-way
or any other property interest based on a
material misrepresentation made by or on behalf
of an applicant for, or holder of, a
certificate of public convenience and necessity
under this section concerning the electric
transmission facility to be constructed,
modified, or operated under the certificate
shall have the right to rescind the
transaction.
``(ii) Jurisdiction.--The district courts
of the United States shall have jurisdiction
over any action arising under clause (i).
``(B) Civil penalties.--A material
misrepresentation made by an applicant for, or holder
of, a certificate of public convenience and necessity,
or on behalf of such an applicant or holder, to an
affected landowner concerning the electric transmission
facility to be constructed, modified, or operated under
the certificate, shall be considered to be a violation
of this part for purposes of section 316A and such
applicant or holder shall be assessed a civil penalty
by the Commission in accordance with such section 316A,
except the amount of such civil penalty may not exceed
$10,000 per affected landowner to whom the
misrepresentation was made.
``(j) Definitions.--In this section:
``(1) Affected landowner.--
``(A) In general.--The term `affected landowner'
includes each owner of a property interest in land or
other property described in subparagraph (B),
including--
``(i) the Federal Government;
``(ii) a State or local government; and
``(iii) each owner noted in the most recent
county or city tax record as receiving the
relevant tax notice with respect to that
interest.
``(B) Land and other property described.--The land
or other property described in this subparagraph is any
land or other property--
``(i) that is directly affected by the
proposed construction, modification, or
operation of an electric transmission facility,
including all facility sites;
``(ii) that is located within the greater
of--
``(I) 0.25 miles from a proposed
facility site for an electric
transmission facility; or
``(II) a minimum distance from the
proposed electric transmission facility
as specified by State law; or
``(iii) contains a residence that is within
3000 feet of a proposed facility site for an
electric transmission facility.
``(2) Alternating current transmission facility.--The term
`alternating current transmission facility' means a
transmission facility that uses alternating current for the
bulk transmission of electric energy.
``(3) Electric transmission facility.--The term `electric
transmission facility' means, as applicable--
``(A) an alternating current transmission facility;
``(B) a high-voltage, direct current transmission
facility; or
``(C) infrastructure associated with an alternating
current transmission facility or a high-voltage, direct
current transmission facility, including substations
and switchyards.
``(4) Facility site.--The term `facility site' includes--
``(A) an area covered by a right-of-way;
``(B) an access road;
``(C) a contractor yard where equipment and
material are stored or where assembly work is
conducted; and
``(D) any temporary workspace.
``(5) High-voltage, direct current transmission facility.--
The term `high-voltage, direct current transmission facility'
means a transmission facility that uses direct current for the
bulk transmission of electric energy.
``(6) Tribal land.--The term `Tribal land' has the meaning
given the term `Indian land' in section 2601 of the Energy
Policy Act of 1992 (25 U.S.C. 3501).''.
(b) Conforming Changes to the Federal Power Act.--
(1) Siting of interstate electric transmission
facilities.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended--
(A) in subsection (b)(2), by inserting ``(including
transmission of electric energy from the outer
Continental Shelf to a State)'' after ``interstate
commerce'';
(B) in subsection (c), by adding at the end the
following:
``(3) Applications Outside National Interest Electric Transmission
Corridors.--
``(A) In general.--Subject to subparagraph (B), the
Commission shall allow a person to file an application for a
permit under subsection (b), and may begin evaluation of such
application, even if the relevant electric transmission
facility is not in a national interest electric transmission
corridor designated by the Secretary under subsection (a) at
the time the application is filed.
``(B) Time limit.--The Commission shall cease all
evaluation of an application described in subparagraph (A) if,
two years after the application is filed with the Commission,
the relevant electric transmission facility is not in a
national interest electric transmission corridor designated by
the Secretary under subsection (a). The Commission may resume
evaluation of such application if, after ceasing evaluation
under this subparagraph, a national interest electric
transmission corridor is designated by the Secretary under
subsection (a) and the relevant electric transmission facility
is in such national interest electric transmission corridor.'';
and
(C) in subsection (h)--
(i) by amending paragraph (2) to read as
follows:
``(2) Lead agency.--For the purposes of coordinating all
applicable Federal authorizations and related environmental
reviews--
``(A) the Commission shall act as the lead agency
in the case of--
``(i) except as provided in subparagraph
(B), an electric transmission facility in a
national interest electric transmission
corridor designated by the Secretary under
subsection (a); or
``(ii) an electric transmission facility
for which an application has been submitted for
a certificate of public convenience and
necessity under section 229;
``(B) the Department of the Interior shall act as
the lead agency in the case of an electric transmission
facility in a national interest electric transmission
corridor designated by the Secretary under subsection
(a) that is located on a lease, easement, or right-of-
way granted by the Secretary of the Interior under
section 8(p)(1)(C) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(p)(1)(C)); and
``(C) the Department of Energy shall act as the
lead agency in the case of any other electric
transmission facility.''.
(ii) in each of paragraphs (3), (4)(B),
(4)(C), (5)(B), (6)(A), (7)(A), (8)(A)(i), and
(9), by striking ``Secretary'' each place it
appears and inserting ``applicable lead
agency'';
(iii) in paragraph (4)(A), by striking ``As
head of the lead agency, the Secretary'' and
inserting ``The applicable lead agency'';
(iv) in paragraph (5)(A), by striking ``As
lead agency head, the Secretary'' and inserting
``The applicable lead agency''; and
(v) in paragraph (7)--
(I) in subparagraph (A), by
striking ``after the date of enactment
of this section'' and inserting ``after
the date of enactment of the Clean
Electricity and Transmission
Acceleration Act of 2023''; and
(II) in subparagraph (B), by
amending clause (i) to read as follows:
``(i) Not later than six months after the date of enactment
of the Clean Electricity and Transmission Acceleration Act of
2023, the Secretary, the Commission, and the heads of all
Federal agencies with authority to issue Federal authorizations
shall enter into a memorandum of understanding to ensure the
timely and coordinated review and permitting of electric
transmission facilities.''.
(2) Transmission infrastructure investment.--Section
219(b)(4)(B) of the Federal Power Act (16 U.S.C. 824s(b)(4)(B))
is amended by striking ``section 216'' and inserting ``sections
216 and 229''.
SEC. 108. FACILITATION OF EFFICIENT ENVIRONMENTAL REVIEW OF THE
DESIGNATION OF NATIONAL INTEREST ELECTRIC TRANSMISSION
CORRIDORS.
(a) In General.--Section 216(h) of the Federal Power Act (42 U.S.C.
824p(h)) is further amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
``(9) No Duplication of Environmental Reviews.--
``(A) Purpose.--The purpose of this paragraph is to ensure
that there is no duplication of effort or process with respect
to preparing environmental documents relating to the
designation of national interest electric transmission
corridors under subsection (a) and the issuance of permits
under subsection (b).
``(B) Review relating to designation.--Unless the Secretary
determines that the preparation of an environmental document
with respect to the designation of a national interest electric
transmission corridor under subsection (a) is necessary under
the circumstances, the Secretary shall not be required to
prepare an environmental document in connection with the
designation of such a national interest electric transmission
corridor.
``(C) Effect on applications to construct or modify certain
transmission facilities.--
``(i) No review relating to designation of
corridor.--If the Secretary has not prepared an
environmental document with respect to the designation
of a national interest electric transmission corridor
under subsection (a), the Commission shall prepare an
environmental document for any construction or
modification proposed in an application made under
subsection (c) before issuing a permit for such
application under subsection (b).
``(ii) Review relating to designation of
corridor.--If the Secretary has prepared an
environmental document with respect to the designation
of a national interest electric transmission corridor
under subsection (a)--
``(I) the Commission and any other Federal
agency preparing an environmental document for
any construction or modification proposed in an
application made under subsection (c) within
such national interest electric transmission
corridor--
``(aa) shall rely on any findings
of the environmental document prepared
by the Secretary; and
``(bb) shall not duplicate any work
of the Secretary relating to the
preparation of such environmental
document; and
``(II) the Commission and such other
Federal agency shall incorporate the findings
of the environmental document prepared by the
Secretary into any environmental document
prepared by the Commission or such other
Federal agency under this subsection.''.
(b) Definitions.--Paragraph (1) of section 216(h) of the Federal
Power Act (42 U.S.C. 824p(h)) is amended to read as follows:
``(1) Definitions.--In this subsection:
``(A) Environmental document.--The term
`environmental document' has the meaning given such
term in section 111 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4336e).
``(B) Federal authorization.--The term `Federal
authorization'--
``(i) means any authorization required
under Federal law in order to site a
transmission facility; and
``(ii) includes such permits, special use
authorizations, certifications, opinions, or
other approvals as may be required under
Federal law in order to site a transmission
facility.''.
(c) Conforming Amendments.--Section 216(h)(5) of the Federal Power
Act (42 U.S.C. 824p(h)(5)) is amended--
(1) in subparagraph (A), by striking ``environmental review
document'' and inserting ``environmental document''; and
(2) in subparagraph (C), by striking ``document'' and
inserting ``environmental document''.
SEC. 109. INCREASED FLEXIBILITY FOR FEDERAL TRANSMISSION FINANCING.
(a) Transmission Facility Financing.--Section 50151(b) of Public
Law 117-169 (42 U.S.C. 18715(b)) is amended by striking ``designated by
the Secretary to be necessary in the national interest under section
216(a) of the Federal Power Act (16 U.S.C. 824p(a))'' and inserting
``determined by the Secretary to be in the national interest''.
(b) Transmission Facilitation Program.--Section 40106(h)(1)(A) of
the Infrastructure Investment and Jobs Act (42 U.S.C. 18713(h)(1)(A))
is amended by striking ``is located in an area designated as a national
interest electric transmission corridor pursuant to section 216(a) of
the Federal Power Act16 U.S.C. 824p(a)'' and inserting ``is in the
national interest''.
SEC. 110. ESTABLISHMENT OF TRANSMISSION INVESTMENT TAX CREDIT.
(a) In General.--Subpart E of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 48E the following:
``SEC. 48F. QUALIFYING ELECTRIC POWER TRANSMISSION LINE CREDIT.
``(a) Allowance of Credit.--For purposes of section 46, the
qualifying electric power transmission line credit for any taxable year
is an amount equal to 6 percent of the qualified investment for such
taxable year with respect to any qualifying electric power transmission
line property of the taxpayer.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a), the
qualified investment for any taxable year is the basis of any
qualifying electric power transmission line property placed in
service by the taxpayer during such taxable year.
``(2) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990)
shall apply for purposes of this section.
``(c) Qualifying Electric Power Transmission Line Property.--For
purposes of this section, the term `qualifying electric power
transmission line property' means any overhead, submarine, or
underground property--
``(1) which is a qualifying electric power transmission
line that transmits electricity--
``(A) across no fewer than 2 States or not less
than 150 continuous miles, or
``(B) across the Outer Continental Shelf (as
defined in section 2 of the Outer Continental Lands Act
(43 U.S.C. 1331)), or
``(2) which is related transmission property.
``(d) Qualifying Electric Power Transmission Line.--For purposes of
this section--
``(1) In general.--The term `qualifying electric power
transmission line' means any applicable new transmission
property and any modified existing transmission property.
``(2) Applicable new transmission property.--
``(A) In general.--The term `applicable new
transmission property' means any electric power
transmission line which is--
``(i) originally placed in service after
the date of the enactment of this section,
``(ii) primarily used for one or more
purposes described in subparagraph (B), and
``(iii) described in subparagraph (C).
``(B) Purposes described.--The purposes described
in this subparagraph are--
``(i) enhancing resilience to prepare for,
withstand, and recover rapidly from disruptions
from the impact of weather events, wildfires,
or natural disasters,
``(ii) addressing clearance concerns,
``(iii) facilitating the interconnection of
electric power generation capacity to the bulk-
power system (as defined in section 215 of the
Federal Power Act), or
``(iv) addressing high load needs of 2,000
ampere and above.
``(C) Additional requirements for new transmission
property.--An electric power transmission line is
described in this subparagraph if--
``(i) such transmission line--
``(I) includes an advanced
transmission conductor, and
``(II) is capable of transmitting
electricity at a voltage of not less
than 100 kilovolts, or
``(ii) such transmission line--
``(I) is a superconducting
transmission line or is capable of
transmitting electricity at a voltage
of at least 345 kilovolts, and
``(II) has a transmission capacity
of not less than 750 megawatts or is a
transmission line described in
subparagraph (D).
``(D) Multiple transmission lines located in the
same right-of-way.--A transmission line is described in
this subparagraph if such a transmission line--
``(i) is co-located in the same right-of-
way or adjacent right-of-way as one or more
other overhead, submarine, or underground
transmission lines, and
``(ii) together with the other transmission
lines described in subparagraph (A), has a
transmission capacity of not less than 1,000
megawatts.
``(3) Modified existing transmission property.--The term
`modified existing transmission property' means any electric
power transmission line which--
``(A) was placed in service before the date of the
enactment of this section,
``(B) is modified after the date of enactment of
this Act in a manner that--
``(i) increases the transmission capacity
of such transmission line by not less than 500
megawatts, or
``(ii) includes an advanced transmission
conductor that transmits electricity at a
voltage of not less than 100 kilovolts, and
``(C) after the completion of such modification, is
an electric power transmission line which satisfies the
requirements under subclauses (ii) and (iii) of
paragraph (2)(A).
``(4) Advanced transmission conductor.--The term `advanced
transmission conductor' means a transmission conductor
technology that uses recently developed technology or materials
such as a composite core and such other future advances as
determined by the Secretary, in consultation with the Secretary
of Energy.
``(5) Superconducting transmission line.--The term
`superconducting transmission line' means a transmission line
that conducts all of its current over a super-conducting
material.
``(e) Related Transmission Property.--For purposes of this
section--
``(1) In general.--The term `related transmission property'
means any of the following:
``(A) Transmission property used for
interconnection or generator tie-line.--Any electric
power transmission line which is--
``(i) placed in service after the date of
enactment of this section,
``(ii) primarily used--
``(I) as a generator
interconnection tie line at an
associated facility that extends from
the secondary (high) side of a
generator step-up transformer to the
point of interconnection with the host
transmission owner from interconnecting
new generation resources or facilities
to the electric grid, or
``(II) for network upgrades
associated with the interconnection of
new generation resources or facilities
to the electric grid,
``(iii) primarily used for one or more
purposes described in subsection (d)(2)(B), and
``(iv) capable of transmitting electricity
at a voltage of not less than 230 kilovolts.
``(B) Grid enhancing technology.--Any grid
enhancing technology property used in the operation of
the electric power transmission line described in
paragraph (2) or (3) of subsection (d).
``(C) Subcomponents.--Any conductors or cables,
towers, insulators, reactors, capacitors, circuit
breakers, static VAR compensators, static synchronous
compensators, power converters, transformers,
synchronous condensers, braking resistors, and any
ancillary facilities and equipment necessary for the
proper operation of the electric power transmission
line described in paragraph (2) or (3) of subsection
(d) or for the proper operation of any property
described in subsection (d)(2).
``(2) Grid enhancing technology property.--The term `grid
enhancing technology property' means power flow controls and
transmission switching equipment, storage technology, and
hardware or software that enables dynamic line ratings,
advanced line rating management technologies, on new or
existing transmission property for the purpose of enhancing the
capacity, efficiency, resiliency, or reliability of an electric
power transmission system and such other similar property
determined by the Secretary, in consultation with the Secretary
of Energy.
``(f) Increased Credit Amount for Certain Transmission Line
Property.--
``(1) In general.--In the case of any qualifying electric
power transmission line property which meets the requirements
of paragraph (2), the amount of credit determined under
subsection (a) (determined without regard to this subsection)
shall be equal to such amount multiplied by 5.
``(2) Facility requirements.--Qualifying electric power
transmission line property shall be treated as meeting the
requirements of this paragraph if--
``(A) the construction of such property meets rules
similar to the rules of section 48(a)(10) (relating to
prevailing wage requirements) and section 45(b)(8)
(relating to apprenticeship requirements), or
``(B) the construction of such property begins
before the date that is 60 days after the Secretary
publishes guidance with respect to the requirements
under subparagraph (A).
``(g) Termination.--This section shall not apply to any property
the construction of which begins after December 31, 2033.''.
(b) Public Utility Property.--Paragraph (2) of section 50(d) of the
Internal Revenue Code is amended--
(1) by striking ``(as defined in section 48(c)(6))'' and
inserting ``(as defined in section 48(c)(6), except that
subparagraph (D) of such section shall not apply) or any
qualifying electric power transmission line property (as
defined by section 48F(c))'', and
(2) in subparagraph (B)--
(A) by inserting ``or qualifying electric power
transmission line property'' after ``each energy
storage technology'', and
(B) by inserting ``or the qualifying electric power
transmission line property'' after ``the energy storage
technology''.
(c) Transfer of Certain Credits.--Section 6418(f)(1)(A) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(xii) The qualifying electric power
transmission line credit under section 48F.''.
(d) Conforming Amendments.--
(1) Section 46 of the Internal Revenue Code of 1986 is
amended--
(A) in paragraph (5), by striking ``and'' at the
end,
(B) in paragraph (6), by striking the period at the
end and inserting ``, and'', and
(C) by adding at the end the following:
``(7) the qualifying electric power transmission line
credit.''.
(2) Section 49(a)(1)(C) of such Code is amended--
(A) in clause (v), by striking ``and'' at the end,
(B) in clause (vi), by striking the period at the
end and inserting ``, and'', and
(C) by adding at the end the following:
``(vii) the basis of any qualifying
electric power transmission line property under
section 48F.''.
(3) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 48E the following new item:
``Sec. 48F. Qualifying electric power transmission line credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2023.
TITLE II--IMPROVEMENT OF GOVERNANCE AND EFFICIENCY OF THE GRID
SEC. 201. AUTHORIZATION TO ESTABLISH FERC OFFICE OF ELECTRICITY
TRANSMISSION.
Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is
amended by inserting after section 317 the following:
``SEC. 318. OFFICE OF ELECTRICITY TRANSMISSION.
``The Commission may establish an office, to be known as the Office
of Transmission, to--
``(1) coordinate all matters of the Commission relating to
the transmission of electric energy, as the Commission
determines appropriate; and
``(2) carry out the responsibilities of the Commission
under section 216, 224, 225, 226, 227, 228, and 229, in
coordination with the Office of Energy Projects of the
Commission.''.
SEC. 202. SUPPORT FOR FERC STAFFING.
(a) Ensuring Timely Review of Infrastructure.--Section 401(k) of
the Department of Energy Organization Act (42 U.S.C. 7171(k)) is
amended--
(1) in paragraph (1), by striking ``subchapter III of'';
(2) in paragraph (2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (E)
as subparagraphs (A) through (D), respectively; and
(3) in paragraph (6)--
(A) by striking ``The Chairman'' and inserting the
following:
``(A) In general.--The Chairman''; and
(B) by adding at the end the following:
``(B) Implementation plan.--Not later than 90 days
after the date of enactment of this subparagraph, the
Chairman shall submit to the Director of the Office of
Personnel Management a plan to implement this
subsection. The Director of the Office of Personnel
Management shall take final action on the plan not
later than 120 days after the submission of such
plan.''.
(b) Direct Hire Authority.--Section 401 of the Department of Energy
Organization Act (42 U.S.C. 7171) is amended by adding at the end the
following:
``(l) Direct Hire Authority.--
``(1) In general.--Notwithstanding section 3304 of title 5,
United States Code, and without regard to the provisions of
sections 3309 through 3318 of such title 5, if the Chairman of
the Commission issues a certification that there is as severe
shortage of candidates or a critical hiring need for covered
positions to carry out the Commission's responsibilities and
activities, the Chairman may, subject to paragraph (3), recruit
and directly appoint highly qualified individuals into the
competitive service.
``(2) Limitation.--Any action authorized pursuant to
paragraph (1) shall be consistent with the merit principles of
section 2301 of title 5, United States Code, and the Commission
shall comply with the public notice requirements of section
3327 of such title 5.
``(3) Termination.--
``(A) In general.--A certification issued or
renewed under this subsection shall terminate on the
earlier of--
``(i) the date that is 5 years after the
certification is issued or renewed; or
``(ii) the date on which the Chairman
determines that there is no longer a severe
shortage of candidates or a critical hiring
need for covered positions to carry out the
Commission's responsibilities and activities.
``(B) Renewal.--The Chairman may renew a
certification issued or renewed under this subsection
for an additional 5-year period if the Chairman
determines there is still a severe shortage of
candidates or a critical hiring need for covered
positions to carry out the Commission's
responsibilities and activities.
``(4) Covered position.--In this subsection, the term
`covered position' means a position in which an employee is
responsible for conducting work of a scientific, technical,
engineering, mathematical, legal, or otherwise highly
specialized or skilled nature.''.
(c) Elimination of Reporting Sunset.--Section 11004(b) of the
Energy Act of 2020 (42 U.S.C. 7171 note; Public Law 116-260) is
amended--
(1) in paragraph (1), by striking ``thereafter for 10
years'' and inserting ``thereafter''; and
(2) in paragraph (2)(B), by striking ``or mathematical''
and inserting ``mathematical, or otherwise highly specialized
or skilled''.
SEC. 203. EVALUATION OF FERC FEE ASSESSMENTS.
Section 3401 of the Omnibus Budget Reconciliation Act of 1986 (42
U.S.C. 7178) is amended by adding at the end the following:
``(h) Review.--Not less often than once every five years, the
Commission shall undertake a review to determine if the fees and
charges it assesses under this section and other laws are sufficient to
allow the Commission to handle its workload in an expedient manner.''.
SEC. 204. ESTABLISHMENT OF INDEPENDENT TRANSMISSION MONITORS.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Commission shall--
(1) require each transmission planning region to establish
an independent entity to monitor the planning for, and
operation of, transmission facilities in the transmission
planning region; or
(2) establish an independent entity to monitor the planning
for, and operation of, transmission facilities in all
transmission planning regions.
(b) Role of Transmission Monitor.--An independent entity described
in subsection (a) shall provide independent analysis of transmission
planning and ratemaking processes by the Commission and Transmission
Organizations to inform Commission proceedings, including by, as
applicable--
(1) reviewing the operation and practices of transmission
facilities in the applicable transmission planning region for
inefficiency;
(2) investigating whether any rate, charge, or
classification for transmission facilities in the applicable
transmission planning region, or any rule, regulation,
practice, or contract affecting such a rate, charge, or
classification, is unjust, unreasonable, unduly discriminatory
or preferential;
(3) reviewing the transmission planning process for the
applicable transmission planning region;
(4) reviewing transmission facility costs in the applicable
transmission planning region;
(5) providing examples and advice to Transmission
Organizations in the applicable transmission planning region on
regional transmission operations, planning, and cost-allocation
processes;
(6) identifying situations in which it is cost-effective or
otherwise appropriate to construct or deploy grid enhancing
assets;
(7) coordinating and sharing information with State
regulatory authorities in the applicable transmission planning
region; and
(8) identifying reliable data sets and methodologies for
use in regional planning and providing access to data to
stakeholders.
(c) Savings Clause.--Nothing in this section shall be construed to
alter the sole power of the Commission to, under sections 205 and 206
of the Federal Power Act (16 U.S.C. 824d; 824e), determine if any
rates, charges, or classifications are unjust, unreasonable, or unduly
discriminatory or preferential.
(d) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Grid enhancing asset, state regulatory authority;
transmission organization; transmission planning region.--The
terms ``grid enhancing asset'', ``State regulatory authority'',
``Transmission Organization'', and ``transmission planning
region'' have the meanings given such terms in section 3 of the
Federal Power Act (16 U.S.C. 796).
SEC. 205. ASSURANCE OF INTEROPERABILITY OF OFFSHORE ELECTRIC
TRANSMISSION INFRASTRUCTURE.
(a) Study.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Energy shall complete and publish on the
website of the Department of Energy a study that assesses the need to,
and challenges of, developing and standardizing interoperable electric
grid components, systems, and technologies in support of shared
offshore transmission networks. Such study shall include
recommendations for Congress, State, Tribal, and local governments,
manufacturers of electric grid components, systems, and technologies,
Transmission Organizations, offshore electricity generation project
developers, and appropriate standards organizations to help ensure
interoperability of electric grid components, systems, and technologies
between offshore electricity generation projects and shared offshore
infrastructure connecting to onshore transmission systems.
(b) Interoperability Standard Development Program.--
(1) In general.--The Secretary of Energy shall establish
and implement a program to identify, develop, support,
document, and encourage the adoption of standards necessary to
maximize the interoperability of electric grid components,
systems, and technologies to accelerate the implementation and
delivery of electricity generated by offshore electricity
generation projects through shared electricity transmission
infrastructure.
(2) Goals.--The goals of establishing and implementing the
program under paragraph (1) shall be--
(A) to harmonize and standardize functional
specifications of electric grid components, systems,
and technologies to maximize the interoperability of
electric grid components, systems, and technologies
across types and manufacturers;
(B) to hasten adoption of shared electric
transmission infrastructure for offshore electricity
generation by encouraging cooperation among
manufacturers of electric grid components, systems, or
technologies in order to--
(i) maximize interoperability of such
manufacturers' electric grid components,
systems, or technologies;
(ii) reduce offshore electricity generation
project delays and cost overruns;
(iii) manage power grid complexity; and
(iv) enhance electric grid resilience,
reliability, and cybersecurity; and
(C) to identify common technical specifications to
effectively and securely measure, monitor, control, and
protect offshore electricity generation and electric
transmission infrastructure from the point of
generation to load centers.
(3) Financial assistance.--Under the program established
and implemented under paragraph (1), the Secretary may provide
grants to--
(A) engage equipment manufacturers and industry
stakeholders in collaborative platforms, including
workshops and forums;
(B) identify current challenges and propose
solutions to improve interoperability of electric grid
components, systems, and technologies; and
(C) develop a set of voluntary industry standards
to maximize interoperability of electric grid
components, systems, and technologies that meet the
goals described in paragraph (2).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy to carry out this section
$5,000,000, to remain available until expended.
(d) Definition.--In this section, the term ``Transmission
Organization'' has the meaning given such term in section 3(29) of the
Federal Power Act (16 U.S.C. 796).
SEC. 206. AGGREGATOR BIDDING INTO ORGANIZED WHOLESALE ELECTRIC MARKETS.
(a) In General.--Notwithstanding any prohibition established by a
relevant electric retail regulatory authority with respect to who may
bid into an organized wholesale electric market, each Transmission
Organization shall, with respect to the organized wholesale electric
market controlled by the Transmission Organization, allow any bid from
an aggregator of retail customers that aggregates the demand
flexibility of the customers of utilities that distributed more than 4
million megawatt-hours in the previous fiscal year.
(b) Rulemaking.--Not later than 12 months after the date of
enactment of this section, the Commission shall promulgate a final rule
pursuant to subsection (a).
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Electric retail regulatory authority.--The term
``electric retail regulatory authority'' means an entity that
establishes retail electricity prices and retail competition
policies for customers.
(3) Transmission organization.--The term ``Transmission
Organization'' has the meaning given such term in section 3 of
the Federal Power Act (16 U.S.C. 796).
SEC. 207. EXPANSION OF COMMUNITY SOLAR.
(a) Establishment of Community Solar Consumer Choice Program.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall establish a program
to increase the opportunities for participation in community
solar programs by--
(A) individuals, prioritizing individuals that do
not have regular access to onsite solar, including low-
and moderate-income individuals and individuals living
in energy communities;
(B) businesses;
(C) nonprofit organizations; and
(D) States and local and Tribal governments.
(2) Alignment with existing federal programs.--The
Secretary shall align the program established under paragraph
(1) with existing Federal programs that serve low-income
communities.
(3) Assistance to state and local governments.--In carrying
out the program established under paragraph (1), the Secretary
shall--
(A) provide technical assistance to eligible
entities for projects to increase the number of
community solar facilities;
(B) assist eligible entities in the development of
new and innovative financial and business models that
leverage competitive processes in order to serve
community solar subscribers; and
(C) use National Laboratories to collect and
disseminate data to assist private entities in the
financing of, subscription to, and operation of
community solar programs.
(b) Federal Government Participation in Community Solar Programs.--
The Secretary shall, as the Secretary determines appropriate, expand
the existing grant, loan, and financing programs of the Department of
Energy to include community solar programs.
(c) Establishment of Community Solar Programs.--
(1) In general.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended
by adding at the end the following:
``(22) Community solar programs.--
``(A) In general.--Each electric utility shall
offer a community solar program that provides all
ratepayers, including low-income ratepayers, equitable
and demonstrable access to such community solar
program.
``(B) Definitions.--For the purposes of this
paragraph:
``(i) Community solar program.--The term
`community solar program' means a service
provided to any electric consumer that the
electric utility serves through which the value
of electricity generated by a community solar
facility may be used to reduce total charges
billed to the electric consumer.
``(ii) Community solar facility.-- The term
`community solar facility' means a solar
photovoltaic system that--
``(I) allocates electricity to
multiple electric consumers of an
electric utility;
``(II) is interconnected with the
electric grid; and
``(III) is located either on or off
the property of the electric consumers
described in subclause (I).''.
(2) Compliance.--
(A) Time limitations.--Section 112(b) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(b)) is amended by adding at the end the following:
``(9)(A) Not later than 12 months after the date of
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which the State has
ratemaking authority) and each nonregulated electric utility
shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (22) of section 111(d).
``(B) Not later than 24 months after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority), and each nonregulated electric utility
shall complete the consideration and make the determination
under section 111 with respect to the standard established by
paragraph (22) of section 111(d).''.
(B) Failure to comply.--Section 112(c) of the
Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2622(c)) is amended--
(i) by striking ``subsection (b)(2)'' and
inserting ``subsection (b)''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (22) of section 111(d), the reference
contained in this subsection to the date of
enactment of this Act shall be deemed to be a
reference to the date of enactment of that
paragraph (22).''.
(C) Prior state actions.--
(i) In general.--Section 112 of the Public
Utility Regulatory Policies Act of 1978 (16
U.S.C. 2622) is amended by adding at the end
the following:
``(i) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (22) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(ii) Cross-reference.--Section 124 of the
Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2634) is amended by adding at the
end the following: ``In the case of the
standard established by paragraph (22) of
section 111(d), the reference contained in this
subsection to the date of enactment of this Act
shall be deemed to be a reference to the date
of enactment of that paragraph (22).''.
(d) Federal Contracts for Public Utility Services.--Section
501(b)(1) of title 40, United States Code, is amended by amending
subparagraph (B) to read as follows:
``(B) Public utility contracts.--A contract under
this paragraph for public utility services may be for a
period of not more than 30 years.''.
(e) Definitions.--In this section:
(1) Community solar facility; community solar program.--The
terms ``community solar facility'' and ``community solar
program'' have the meaning give such terms in paragraph (22) of
section 111(d) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2621(d)), as added by subsection (c) of this
section.
(2) Community solar subscriber.--The term ``community solar
subscriber'' means an electricity customer who has ownership of
a financial share in a community solar facility that serves
multiple consumers.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State or political subdivision of a State;
(B) a unit of local government;
(C) an Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304));
(D) a territory of the United States; or
(E) an authority, agency, or instrumentality of, or
an entity owned by, 1 or more entities described in
subparagraphs (A) through (D).
(4) Energy community.--The term ``energy community'' has
the meaning given such term in section 45(b)(11) of the
Internal Revenue Code of 1986 (26 U.S.C. 45(b)(11)).
(5) National laboratories.--The term ``National
Laboratories'' has the meaning given the term in section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 208. ESTABLISHMENT OF PROGRAM TO FACILITATE VOLUNTARY STREAMLINED
PROCESS FOR LOCAL PERMITTING OF QUALIFYING DISTRIBUTED
ENERGY SYSTEMS.
(a) Definitions.--In this section:
(1) Authority having jurisdiction.--The term ``authority
having jurisdiction'' means any State, county, local, or Tribal
office or official with jurisdiction--
(A) to issue permits relating to qualifying
distributed energy systems;
(B) to conduct inspections to enforce the
requirements of a relevant code or standard relating to
qualifying distributed energy systems; or
(C) to approve the installation of, or the
equipment and materials used in the installation of,
qualifying distributed energy systems.
(2) Qualifying distributed energy system.--The term
``qualifying distributed energy system'' means any equipment or
materials installed in, on, or near a residential building to
support onsite or local energy use, including--
(A) to generate electricity from distributed
renewable energy sources, including from--
(i) solar photovoltaic systems or similar
solar energy technologies; and
(ii) wind power systems;
(B) to store and discharge electricity from
batteries with a capacity of at least 2 kilowatt hours;
(C) to charge a plug-in electric drive vehicle at a
power rate of at least 2 kilowatts; or
(D) to refuel a hydrogen fuel cell electric
vehicle.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Program.--Not later than 180 days after the date of enactment
of this Act, the Secretary, in consultation with trade associations and
other entities representing distributed energy system installers and
organizations representing State, local, and Tribal governments engaged
in permitting, shall carry out a program to further develop, expand,
and support the adoption of a voluntary streamlined permitting and
inspection process for authorities having jurisdiction to use for the
permitting of qualifying distributed energy systems.
(c) Activities of the Program.--In carrying out the program
established under subsection (b), the Secretary shall--
(1) further develop and expand an exemplary streamlined
permitting process that includes an online permitting
platform--
(A) for expediting, standardizing, and streamlining
permitting; and
(B) that authorities having jurisdiction may
voluntarily use to receive, review, and approve permit
applications relating to qualifying distributed energy
systems;
(2) establish targets for the adoption of a streamlined,
expedited permitting process by authorities having
jurisdiction;
(3) provide technical assistance and training directly or
indirectly to authorities having jurisdiction on using and
adopting the exemplary streamlined permitting process described
in paragraph (1), including the adoption of any necessary
building codes;
(4) develop a voluntary inspection protocol and related
tools to expedite, standardize, and streamline the inspection
of qualifying distributed energy systems, including--
(A) by investigating the potential for using remote
inspections;
(B) by investigating the potential for sample-based
inspection for distributed energy system installers
with a demonstrated track record of high-quality work;
and
(C) by investigating opportunities to integrate the
voluntary inspection protocol into the online
permitting platform described in paragraph (1) and the
platforms of government software providers; and
(5) take any other action to expedite, standardize,
streamline, or improve the process for permitting, inspecting,
or interconnecting qualifying distributed energy systems.
(d) Support Services.--The Secretary shall--
(1) support the provision of technical assistance to
authorities having jurisdiction, any administrator of the
online permitting platform described in subsection (c)(1),
government software providers, and any other entity determined
appropriate by the Secretary in carrying out the activities
described in subsection (c); and
(2) provide such financial assistance as the Secretary
determines appropriate from any funds appropriated to carry out
this section.
(e) Authority Having Jurisdiction Certification Program.--
(1) In general.--The Secretary may certify authorities
having jurisdiction that implement the exemplary streamlined
permitting process described in subsection (c)(1).
(2) Process.--The Secretary may confer a certification
under paragraph (1) through existing programs within the
Department of Energy.
(3) Prizes.--The Secretary may award prizes to authorities
having jurisdiction, using funds appropriated to the Secretary
to carry out this section, to encourage authorities having
jurisdiction to adopt the exemplary streamlined permitting
process or the voluntary inspection protocol established under
paragraphs (1) and (4) of subsection (c), respectively.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $20,000,000 for
each of fiscal years 2024 through 2027.
SEC. 209. MITIGATION OF THE SHORTAGE OF ELECTRICITY TRANSFORMERS.
There is authorized to be appropriated $2,100,000,000 for the
President, acting through the Secretary of Energy, under the authority
of title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et
seq.), to expand domestic manufacturing of transformers and grid
components, including amorphous steel, grain-oriented electrical steel,
flexible transformers, circuit breakers, switchgear and substations to
serve load and interconnect generation, and inverters and optimizers to
integrate the influx of distributed generators.
SEC. 210. STUDY OF NEXT GENERATION HIGHWAYS.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Highway Administration shall conduct, and
publish a report on the results of, a study on best practices for
siting high-voltage transmission lines on highway rights-of-way,
including recommendations on practices--
(1) to ensure safety;
(2) to facilitate future highway maintenance and
construction work;
(3) to facilitate future maintenance work for the
transmission lines;
(4) to integrate transmission planning and siting into
transportation planning; and
(5) to facilitate electrical needs for light-duty, medium-
duty, and heavy-duty rapid charging infrastructure on public
roadways.
TITLE III--MODERNIZATION OF ELECTRICITY RATEMAKING
SEC. 301. REFLECTION OF THE COST OF GREENHOUSE GAS EMISSIONS IN RATES.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is further
amended by adding at the end the following:
``SEC. 230. REFLECTION OF THE COST OF GREENHOUSE GAS EMISSIONS IN RATES
AND CHARGES.
``(a) In General.--Not later than 18 months after the date of
enactment of the Clean Electricity and Transmission Acceleration Act of
2023, the Commission shall issue regulations to require public
utilities to reflect the cost of greenhouse gas emissions associated
with the generation, transmission, and sale of electric energy subject
to the jurisdiction of the Commission in the rates and charges for such
generation, transmission, and sale in accordance with this section.
``(b) Cost of Greenhouse Gas Emissions.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Clean Electricity and Transmission
Acceleration Act of 2023, the Commission shall determine the
cost of greenhouse gas emissions for the purpose of issuing
regulations under subsection (a).
``(2) Consideration.--In determining such cost of
greenhouse gas emissions, the Commission, in consultation with
the Administrator of the Environmental Protection Agency--
``(A) may consider--
``(i) Federal guidance or standards
relating to the social cost of carbon; and
``(ii) any other generally accepted
Federal, State, or other methodology for
determining the cost of greenhouse gas
emissions; and
``(B) shall employ a discount rate that reflects
the irreversibility of climate change.
``(c) Just and Reasonable.--Beginning on the date on which the
regulation is issued under subsection (a), no rate or charge made,
demanded, or received by a public utility for or in connection with the
generation, transmission, or sale of electric energy subject to the
jurisdiction of the Commission may be deemed just or reasonable, under
sections 205 or 206, unless such rate or charge reflects the cost of
greenhouse gas emissions pursuant to the regulation issued under
subsection (a).''.
SEC. 302. FACILITATION OF PERFORMANCE-BASED RATEMAKING.
Section 219 of the Federal Power Act (16 U.S.C. 824s) is amended--
(1) in subsection (a)--
(A) by striking ``this section'' and inserting
``the Clean Electricity and Transmission Act of 2023'';
(B) by inserting ``and resilience'' after
``ensuring reliability'';
(C) by striking ``and'' before ``reducing'' and
inserting a comma; and
(D) by inserting ``, and reducing the greenhouse
gas emissions associated with delivered power,'' after
``delivered power'';
(2) in subsection (b)--
(A) by inserting ``under this section'' after ``The
rule''; and
(B) in paragraph (1)--
(i) by inserting ``, resilient,'' after
``promote reliable''; and
(ii) by inserting ``, and the elimination
of the greenhouse gas emissions associated with
delivered power,'' after ``efficient
transmission and generation of electricity'';
and
(3) in subsection (c), by inserting ``on or after the date
of enactment of the Clean Electricity and Transmission Act of
2023'' after ``joins a Transmission Organization''.
TITLE IV--FACILITATION OF CLEAN ENERGY DEPLOYMENT ON PUBLIC LAND
SEC. 401. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) Federal lands administered by the Secretary;
and
(B) not excluded from the development of
geothermal, solar, or wind energy under--
(i) a land use plan; or
(ii) other Federal law.
(2) Energy storage project.--The term ``energy storage
project'' means equipment that--
(A) receives, stores, and delivers energy using
batteries, compressed air, pumped hydropower, hydrogen
storage (including hydrolysis), thermal energy storage,
regenerative fuel cells, flywheels, capacitors,
superconducting magnets, or other technologies
identified by the Secretary of Energy; and
(B) has a capacity of not less than 5 kilowatt
hours.
(3) Exclusion area.--The term ``exclusion area'' means
covered land that is identified by the Bureau of Land
Management as not suitable for development of wind and solar
energy projects.
(4) Federal land.--The term ``Federal land'' means--
(A) public lands; and
(B) lands of the National Forest System as
described in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)).
(5) Fund.--The term ``Fund'' means the Renewable Energy
Resource Conservation Fund established by section 405(c)(1).
(6) Land use plan.--The term ``land use plan'' means--
(A) in regard to public lands, a land use plan
established under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(B) in regard to National Forest System lands, a
land management plan approved, amended, or revised
under section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(7) Priority area.--The term ``priority area'' means
covered land identified by the land use planning process of the
Bureau of Land Management as being a preferred location for a
wind and solar energy project, including a designated leasing
area (as defined in section 2801.5(b) of title 43, Code of
Federal Regulations (or a successor regulation)) that is
identified under the rule of the Bureau of Land Management
entitled ``Competitive Processes, Terms, and Conditions for
Leasing Public Lands for Solar and Wind Energy Development and
Technical Changes and Corrections'' (81 Fed. Reg. 92122
(December 19, 2016)) (or a successor regulation).
(8) Public lands.--The term ``public lands'' has the
meaning given that term in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(9) Renewable energy project.--The term ``renewable energy
project''--
(A) means a project carried out on covered land
that--
(i) uses wind, solar, or geothermal energy
to generate energy; or
(ii) transmits electricity to support wind,
solar, or geothermal energy generation; and
(B) includes an energy storage project.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area;
(B) not a priority area; and
(C) identified through a transparent and inclusive
public process by the Secretary as potentially
available for wind and solar energy development that
could be approved without a plan amendment, consistent
with the principles of multiple use (as defined in the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.)).
SEC. 402. ESTABLISHMENT OF NATIONAL GOAL FOR RENEWABLE ENERGY
PRODUCTION ON FEDERAL LAND.
(a) In General.--Not later than January 1, 2024, the Secretary, in
consultation with the Secretary of Agriculture and the head of other
relevant Federal agencies, shall establish updated national goals for
renewable energy production on Federal land.
(b) Minimum Production Goal.--The Secretary shall seek to issue
permits that, in total, authorize production of not less than 60
gigawatts of electricity from wind, solar, and geothermal energy
projects by not later than December 31, 2030, through management of
Federal land and administration of Federal laws.
SEC. 403. REQUIREMENT FOR LAND USE PLANNING AND UPDATES TO PROGRAMMATIC
ENVIRONMENTAL IMPACT STATEMENTS.
(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on covered
land for solar and wind energy projects, consistent with the
principles of multiple use (as defined in the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)) and
the renewable energy permitting goal enacted by the
Consolidated Appropriations Act of 2021 (Public Law 116-260).
Among applications for a given renewable energy source,
proposed projects located in priority areas for that renewable
energy source shall--
(A) be given the highest priority for incentivizing
deployment thereon; and
(B) be offered the opportunity to participate in
any regional mitigation plan developed for the relevant
priority areas.
(2) Establishing priority areas.--
(A) Solar energy.--For solar energy, the Secretary
shall finalize the document entitled ``Solar
Programmatic Environmental Impact Statement'' (87 Fed.
Reg. 75284 (December 8, 2022)), as soon as practicable,
but not later than 18 months after the date of the
enactment of this Act.
(B) Wind energy.--For wind energy, the Secretary
shall complete a process to consider establishing
additional wind priority areas as soon as practicable,
but not later than 3 years, after the date of the
enactment of this Act.
(b) Variance Areas.--Variance areas shall be considered for wind
and solar energy project development, consistent with the principles of
multiple use (as defined in the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.)) and the renewable energy permitting
goal enacted by the Consolidated Appropriations Act of 2021 (Public Law
116-260). Applications for a given renewable energy source located in
those variance areas shall be timely processed in order to assist in
meeting that goal.
(c) Review and Modification.--
(1) In general.--Not less than once every 10 years, the
Secretary shall--
(A) after an opportunity for public comment, review
the adequacy of land allocations for solar and wind
energy priority, exclusion, and variance areas, and
areas open or closed to geothermal leasing, for the
purpose of encouraging and facilitating new renewable
energy development opportunities while avoiding,
minimizing, and compensating for adverse impacts to
other public uses and values of public land, including
wildlife habitat, listed species, water resources,
cultural resources, recreational uses, lands with
wilderness characteristics, lands with special
management designations, cultural resources, and areas
of Tribal importance; and
(B) based on the review carried out under
subparagraph (A), add, modify, or eliminate priority,
variance, and exclusion areas, and areas open or closed
to geothermal leasing.
(2) Exception.--Paragraph (1) shall not apply to the
renewable energy land use planning published in the Desert
Renewable Energy Conservation Plan developed by the California
Energy Commission, the California Department of Fish and
Wildlife, the Bureau of Land Management, and the United States
Fish and Wildlife Service until January 1, 2030.
(d) Compliance With the National Environmental Policy Act.--For the
purposes of this section, compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished as
follows:
(1) Geothermal energy.--In regard to geothermal energy, by
updating the document entitled ``Final Programmatic
Environmental Impact Statement for Geothermal Leasing in the
Western United States'', dated October 2008, and incorporating
any additional regional analyses that have been completed by
Federal agencies since that programmatic environmental impact
statement was finalized.
(2) Solar energy.--In regard to solar energy, by updating
the document entitled ``Final Programmatic Environmental Impact
Statement (PEIS) for Solar Energy Development in Six
Southwestern States'', dated July 2012, and incorporating any
additional regional analyses that have been completed by
Federal agencies since that programmatic environmental impact
statement was finalized.
(3) Wind energy.--In regard to wind energy, by updating the
document entitled ``Final Programmatic Environmental Impact
Statement on Wind Energy Development on BLM-Administered Lands
in the Western United States'', dated July 2005, and
incorporating any additional regional analyses that have been
completed by Federal agencies since the programmatic
environmental impact statement was finalized.
(e) No Effect on Processing Site Specific Applications.--There
shall be no changes in any requirements to conduct site specific
environmental review and processing of permits for proposed projects
during preparation of an updated programmatic environmental impact
statement, resource management plan, or resource management plan
amendment.
(f) Coordination.--In developing updates required by this section,
the Secretary shall coordinate, on an ongoing basis, with appropriate
State, Tribal, and local governments, transmission infrastructure
owners and operators, developers, and other appropriate entities to
ensure that priority areas identified by the Secretary are--
(1) economically viable (including having access to
existing or planned transmission lines);
(2) likely to avoid, minimize, and compensate for impacts
to fish, wildlife, plants, and their habitats, recreation,
lands with wilderness characteristics, lands with special
management designations, cultural resources, areas of Tribal
importance, and other uses of covered land;
(3) prioritized on previously disturbed lands, including
commercial and industrial lands, mine lands, and previously
contaminated sites; and
(4) consistent with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).
SEC. 404. LIMITED EXEMPTIONS FROM NEW REQUIREMENTS.
(a) Requirement To Pay Rents and Fees.--Unless otherwise agreed to
by the owner of a project, the owner of a project that applied for a
right-of-way under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2016,
shall be obligated to pay with respect to the right-of-way all rents
and fees in effect before the effective date of the rule of the Bureau
of Land Management entitled ``Competitive Processes, Terms, and
Conditions for Leasing Public Lands for Solar and Wind Energy
Development and Technical Changes and Corrections'' (81 Fed. Reg. 92122
(December 19, 2016)).
(b) Definition of Project.--In this section, the term ``project''
means a system described in section 2801.9(a)(4) of title 43, Code of
Federal Regulations (as in effect on the date of the enactment of this
Act).
SEC. 405. DISTRIBUTION OF REVENUES.
(a) Disposition of Revenues.--
(1) Availability.--Except as provided in paragraph (2),
beginning on January 1, 2024, of amounts collected from a wind
or solar project as bonus bids, rentals, fees, or other
payments under a right-of-way, permit, lease, or other
authorization the following shall be made available, without
further appropriation or fiscal year limitation, as follows:
(A) 25 percent shall be paid by the Secretary of
the Treasury to the State within the boundaries of
which the revenue is derived.
(B) 25 percent shall be paid by the Secretary of
the Treasury to the one or more counties within the
boundaries of which the revenue is derived, to be
allocated among the counties based on the percentage of
land from which the revenue is derived.
(C) 25 percent shall be deposited in the Treasury
and be made available to the Secretary to carry out the
program established under this Act, including the
transfer of the funds by the Bureau of Land Management
to other Federal agencies and State agencies to
facilitate the processing of renewable energy permits
on Federal land, with priority given to using the
amounts, to the maximum extent practicable without
detrimental impacts to emerging markets, to expediting
the issuance of permits required for the development of
renewable energy projects in the States from which the
revenues are derived.
(D) 25 percent shall be deposited in the Renewable
Energy Resource Conservation Fund established by
subsection (c).
(2) Exceptions.--Paragraph (1) shall not apply to the
following:
(A) Amounts collected under section 504(g) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1764(g)).
(B) Amounts deposited into the National Parks and
Public Land Legacy Restoration Fund under section
200402(b) of title 54, United States Code.
(3) Rulemaking for projects located in multiple states.--
Not later than 180 days after the date of enactment of this
Act, the Secretary shall finalize a rule establishing a formula
for the disposition of revenues provided under subparagraph (A)
when a solar or wind energy project is located in more than one
State.
(b) Payments to States and Counties.--
(1) In general.--Amounts paid to States and counties under
subsection (a)(1) shall be used consistent with section 35 of
the Mineral Leasing Act (30 U.S.C. 191).
(2) Payments in lieu of taxes.--A payment to a county under
paragraph (1) shall be in addition to a payment in lieu of
taxes received by the county under chapter 69 of title 31,
United States Code.
(c) Renewable Energy Resource Conservation Fund.--
(1) In general.--There is established in the Treasury a
fund to be known as the Renewable Energy Resource Conservation
Fund, which shall be administered by the Secretary, in
consultation with the Secretary of Agriculture.
(2) Use of funds.--The Secretary may make amounts in the
Fund available to Federal, State, local, and Tribal agencies to
be distributed in regions in which renewable energy projects
are located on Federal land. Such amounts may be used to--
(A) restore and protect--
(i) fish and wildlife habitat for affected
species;
(ii) fish and wildlife corridors for
affected species; and
(iii) wetlands, streams, rivers, and other
natural water bodies in areas affected by wind,
geothermal, or solar energy development; and
(B) preserve and improve recreational access to
Federal land and water in an affected region through an
easement, right-of-way, or other instrument from
willing landowners for the purpose of enhancing public
access to existing Federal land and water that is
inaccessible or restricted.
(3) Partnerships.--The Secretary may enter into cooperative
agreements with State and Tribal agencies, nonprofit
organizations, and other appropriate entities to carry out the
activities described in paragraph (2).
(4) Investment of fund.--
(A) In general.--Amounts deposited in the Fund
shall earn interest in an amount determined by the
Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable
obligations of the United States of comparable
maturities.
(B) Use.--Interest earned under subparagraph (A)
may be expended in accordance with this subsection.
(5) Report to congress.--At the end of each fiscal year,
the Secretary shall submit a report to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate that includes a
description of--
(A) the amount collected as described in subsection
(a), by source, during that fiscal year;
(B) the amount and purpose of payments during that
fiscal year to each Federal, State, local, and Tribal
agency under paragraph (2); and
(C) the amount remaining in the Fund at the end of
the fiscal year.
(6) Intent of congress.--It is the intent of Congress that
the revenues deposited and used in the Fund shall supplement
(and not supplant) annual appropriations for activities
described in paragraph (2).
SEC. 406. INCENTIVES FOR RENEWABLE ENERGY DEVELOPMENT IN PRIORITY
AREAS.
The Secretary may establish, by regulation, incentives to be
provided to owners of wind and solar energy projects in priority areas
established under section 403.
SEC. 407. SAVINGS CLAUSE.
Notwithstanding any other provision of this title, the Secretary
shall continue to manage public lands under the principles of multiple
use and sustained yield in accordance with title I of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), as applicable, including due consideration of
mineral and nonrenewable energy-related projects and other nonrenewable
energy uses, for the purposes of land use planning, permit processing,
and conducting environmental reviews.
TITLE V--MODERNIZATION OF OFFSHORE RENEWABLE ENERGY PERMITTING
SEC. 501. ESTABLISHMENT OF NATIONAL OFFSHORE WIND PERMITTING TARGET.
(a) In General.--The Secretary of the Interior shall, in
consultation with the Secretary of Energy and other relevant Federal
agencies and State governments, establish and periodically update
national goals for offshore wind energy production on the Outer
Continental Shelf.
(b) Minimum Production Requirements for 2030 and 2035.--Through
management of the Outer Continental Shelf and administration of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the
Secretary of the Interior shall seek to issue permits that, in total,
authorize production of electricity from offshore wind energy projects
of not less than--
(1) 30 gigawatts of electricity by not later than 2030; and
(2) 50 gigawatts of electricity by not later than 2035.
SEC. 502. INCREASED RESPONSIBLE DEVELOPMENT OF OFFSHORE RENEWABLE
ENERGY PROJECTS.
(a) Definitions.--Section 2 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331) is amended--
(1) in the second subsection (r), as added by section
50251(b)(1)(A)(iv) of Public Law 117-169--
(A) by redesignating such subsection (r) as
subsection (t); and
(B) by inserting after the enumerator ``State.--'';
and
(2) by adding at the end the following:
``(u) Offshore Renewable Energy Project.--The term `offshore
renewable energy project' means a project to carry out an activity
described in section 8(p)(1)(C) related to wind, solar, wave, or tidal
energy.''.
(b) National Policy for the Outer Continental Shelf.--Section 3 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1332) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) the outer Continental Shelf is a vital national
resource reserve held by the Federal Government for the public,
which should be made available for expeditious and orderly
development, subject to environmental safeguards and
coexistence with other ocean users, in a manner which
includes--
``(A) supporting the generation, transmission, and
storage of zero-emission electricity; and
``(B) the maintenance of competition and other
national needs, including the need to achieve State and
Federal zero-emission electricity or renewable energy
mandates, targets, and goals;'';
(2) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(3) by inserting after paragraph (4) the following:
``(5) the identification, development, and production of
lease areas for offshore renewable energy projects should be
determined by a robust and transparent stakeholder process that
incorporates engagement and input from a diverse group of ocean
users and other impacted stakeholders, and Federal, State,
Tribal, and local governments;''.
(c) Leases, Easements, and Rights-of-Way on the Outer Continental
Shelf.--Section 8(p) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) by striking ``27'' and inserting
``17'';
(ii) by striking ``three'' and inserting
``100''; and
(iii) by striking ``15'' and inserting
``100''; and
(B) by adding at the end the following:
``(C) Payments for conservation and mitigation
activities.--
``(i) In general.--Notwithstanding section 9, the
Secretary shall, without appropriation or fiscal year
limitation, use 10 percent of the revenue received by
the Federal Government from royalties, fees, rents,
bonuses, and other payments from any lease, easement,
or right-of-way granted under this subsection to
provide grants to--
``(I) State, local, and Tribal governments,
and regional partnerships thereof, including
Regional Ocean Partnerships, Regional Wildlife
Science Collaboratives, and other similar
organizations; and
``(II) nonprofit organizations.
``(ii) Use of grants.--Grants provided under clause
(i) shall be used for carrying out activities related
to marine and coastal habitat protection and
restoration, mitigation of damage to natural resources
and marine life that results from activities authorized
by this subsection, relevant research and data sharing
initiatives, or increasing the organizational capacity
of an entity described in subclause (I) or (II) of
clause (i) to increase the effectiveness of entities
that carry out such activities.
``(D) Offshore renewable energy compensation fund.--
Notwithstanding section 9, the Secretary shall, without
appropriation or fiscal year limitation, deposit 10 percent of
the revenue received by the Federal Government from royalties,
fees, rents, bonuses, and other payments from any lease,
easement, or right-of-way granted under this subsection into
the Offshore Renewable Energy Compensation Fund established
under section 34.'';
(2) by amending paragraph (3) to read as follows:
``(3) Leasing.--
``(A) Competitive or noncompetitive basis.--The
Secretary shall issue a lease, easement, or right-of-
way under paragraph (1) on a competitive basis unless
the Secretary determines after public notice of a
proposed lease, easement, or right-of-way that there is
no competitive interest.
``(B) Schedule of offshore renewable energy lease
sales.--The Secretary shall, after providing an
opportunity for public notice and comment, publish and
periodically update a schedule of areas that may be
available for leasing in the future for offshore
renewable energy projects, indicating, to the extent
possible, the timing of site identification activities,
the timing of designation of any area to be leased, the
anticipated size of such areas, the timing of lease
sales, and the location of leasing activities.
``(C) Multi-factor bidding.--
``(i) In general.--The Secretary may
consider non-monetary factors when
competitively awarding leases under paragraph
(1), which may include commitments made by the
bidder to--
``(I) support educational,
training, and skills development,
including supporting or increasing
access to registered apprenticeship
programs and pre-apprenticeship
programs that have an articulation
agreement with a registered
apprenticeships program for offshore
renewable energy projects;
``(II) support development of
domestic supply chains for offshore
renewable energy projects, including
development of ports and other energy
infrastructure necessary to facilitate
offshore renewable energy projects;
``(III) establish a community
benefit agreement with one or more
community or stakeholder groups that
may be impacted by the development and
operation of an offshore renewable
energy project, which may include
covered entities;
``(IV) make investments to
evaluate, monitor, improve, and
mitigate impacts to the health and
biodiversity of ecosystems and wildlife
from the development and operation of
an offshore renewable energy project;
``(V) support the development and
use of shared transmission
infrastructure connecting to offshore
renewable energy projects; and
``(VI) make other investments
determined appropriate by the
Secretary.
``(ii) Contractual commitments.--When
considering non-monetary factors under this
subparagraph, the Secretary may--
``(I) evaluate the quality of
commitments made by the bidder; and
``(II) reward finalized binding
agreements above assurances for future
commitments.
``(iii) Definitions.--In this subparagraph:
``(I) Covered entity.--The term
`covered entity' has the meaning given
such term in section 34(k).
``(II) Registered apprenticeship
program.--The term `registered
apprenticeship program' means an
apprenticeship program registered under
the Act of August 16, 1937 (commonly
known as the National Apprenticeship
Act; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.).'';
(3) by amending paragraph (4) to read as follows:
``(4) Requirements.--
``(A) In general.--The Secretary shall ensure that
any activity under this subsection is carried out in a
manner that provides for--
``(i) safety;
``(ii) protection of the environment, which
includes facilitation of the generation,
transmission, and storage of zero-emission
electricity;
``(iii) prevention of waste;
``(iv) conservation of the natural
resources of the outer Continental Shelf;
``(v) coordination with relevant Federal
agencies and State, Tribal, and local
governments;
``(vi) protection of national security
interests of the United States;
``(vii) protection of correlative rights in
the outer Continental Shelf;
``(viii) a fair return to the United States
for any lease, easement, or right-of-way under
this subsection;
``(ix) reasonable uses (as determined by
the Secretary) of the exclusive economic zone,
the high seas, and the territorial seas;
``(x) consideration of--
``(I) the location of, and any
schedule relating to, a lease,
easement, or right-of-way for an area
of the outer Continental Shelf; and
``(II) any other use of the sea or
seabed, including use for a fishery, a
sealane, a potential site of a
deepwater port, or navigation;
``(xi) public notice and comment on any
proposal submitted for a lease, easement, or
right-of-way under this subsection;
``(xii) oversight, inspection, research,
monitoring, and enforcement relating to a
lease, easement, or right-of-way under this
subsection; and
``(xiii) satisfaction of any applicable
State and Federal renewable and clean energy
mandates, targets, and goals.
``(B) Project labor agreements.--
``(i) In general.--Beginning not later than
January 1, 2025, the Secretary shall require,
as a term or condition of each lease, right-of-
way, and easement, as applicable, for an
offshore renewable energy project that the
holder of the lease, right-of-way, or easement,
(and any successor or assignee) and its agents,
contractors, and subcontractors engaged in the
construction of any facilities for such
offshore renewable energy project agree, for
purposes of such construction, to negotiate and
become a party to a project labor agreement
with one or more labor organizations. A project
labor agreement shall bind all contractors and
subcontractors on the project through the
inclusion of appropriate specifications in all
relevant solicitation provisions and contract
documents. The Secretary shall not approve a
construction and operations plan with respect
to any offshore renewable energy project until
being assured by the lessee that such project
labor agreement will be maintained for the
duration of the project.
``(ii) Definitions.--In this subparagraph:
``(I) Construction.--The term
`construction' includes reconstruction,
rehabilitation, modernization,
alteration, conversion, extension,
repair, or improvement of any facility,
structure, or other real property
(including any onshore facilities) for
an offshore renewable energy project.
``(II) Labor organization.--The
term `labor organization' means a labor
organization as defined in section 2(5)
of the National Labor Relations Act (29
U.S.C. 152(5))--
``(aa) of which building
and construction employees are
members; and
``(bb) that directly, or
through its affiliates,
sponsors a registered
apprenticeship program.
``(III) Project labor agreement.--
The term `project labor agreement'
means a pre-hire collective bargaining
agreement with one or more labor
organizations that establishes the
terms and conditions of employment for
a specific construction project and is
an agreement described in section 8(e)
and (f) of the National Labor Relations
Act (29 U.S.C. 158(f)).
``(IV) Registered apprenticeship
program.--The term `registered
apprenticeship program' means an
apprenticeship program registered under
the Act of August 16, 1937 (commonly
known as the National Apprenticeship
Act; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.).
``(C) Domestic content.--
``(i) In general.--With respect to the
construction of facilities for an offshore
renewable energy project that begins after
January 1, 2032, the Secretary shall require
that--
``(I) all structural iron and steel
products that are (upon completion of
construction) components of such
facilities for an offshore renewable
energy project shall be produced in the
United States; and
``(II) not less than 80 percent of
the total costs of all manufactured
products that are (upon completion of
construction) components of such
facilities shall be attributable to
manufactured products which are mined,
produced, or manufactured in the United
States.
``(ii) Waiver.--The Secretary may waive the
requirements of clause (i) in any case or
category of cases in which the Secretary finds
that--
``(I) applying clause (i) would be
inconsistent with the public interest;
``(II) such products are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory
quality; or
``(III) the use of such products
will increase the cost of the overall
project by more than 25 percent.
``(iii) Public notification.--If the
Secretary receives a request for a waiver under
this subparagraph, the Secretary shall make
available to the public a copy of the request
and information available to the Secretary
concerning the request, and shall allow for
informal public input on the request for at
least 15 business days prior to making a
finding based on the request. The Secretary
shall make the request and accompanying
information available to the public by
electronic means, including on the official
public Internet site of the Department of the
Interior.
``(iv) International agreements.--This
paragraph shall be applied in a manner
consistent with United States obligations under
international agreements.'';
(4) by amending paragraph (7) to read as follows:
``(7) Coordination and consultation.--The Secretary shall
provide for coordination and consultation with--
``(A) the Governor of any State or the executive of
any local government that may be affected by a lease,
easement, or right-of-way under this subsection; and
``(B) Indian Tribes (following the procedures of
the President's Memorandum of Uniform Standards for
Tribal Consultation, issued on November 30, 2022 (87
Fed. Reg. 74479), or any subsequent order) before
undertaking any activities under this subsection that
may have a direct, indirect, or cumulative impact on--
``(i) the land, including allotted, ceded,
or traditional land, or interests in such land
of an Indian Tribe or member of an Indian
Tribe;
``(ii) Tribal land, cultural practices,
resources, or access to traditional areas of
cultural or religious importance;
``(iii) any part of any Federal land that
shares a border with Indian country, as such
term is defined in section 1151 of title 18,
United States Code;
``(iv) the protected rights of an Indian
Tribe, whether or not such rights are
enumerated in a treaty, including water,
hunting, gathering, and fishing rights;
``(v) the ability of an Indian Tribe to
govern or provide services to members of the
Indian Tribe;
``(vi) the relationship between the Federal
Government and an Indian Tribe; or
``(vii) the trust responsibility of the
Federal Government to an Indian Tribe.'';
(5) by amending paragraph (10) to read as follows:
``(10) Applicability.--
``(A) In general.--This subsection does not apply
to any area on the outer Continental Shelf within the
exterior boundaries of any unit of the National Park
System, National Wildlife Refuge System, or National
Marine Sanctuary System, or any National Monument.
``(B) Certain transmission infrastructure.--
``(i) In general.--Notwithstanding
subparagraph (A), if otherwise authorized
pursuant to the National Marine Sanctuaries Act
(16 U.S.C. 1431 et seq.), the Secretary may
issue a lease, easement, or right-of-way to
enable the transmission of electricity
generated by an offshore renewable energy
project.
``(ii) Terms and conditions.--In issuing a
lease, easement, or right-of-way under clause
(i), the Secretary may approve and regulate the
construction and operation of such transmission
facilities (including electrical substations
and other related infrastructure) for the
transmission of electricity generated by such
projects in a manner that minimizes
environmental impacts.
``(iii) Coordination.--In regulating the
construction and operation of transmission
facilities and related infrastructure under
clause (ii), the Secretary shall coordinate
with the Secretary of Commerce to ensure the
duration of any necessary authorizations of
such facilities under the National Marine
Sanctuaries Act aligns with the duration of the
relevant leases, easements, or rights-of-way
issued under clause (i).''; and
(6) by adding at the end the following:
``(11) Planning area impact studies.--
``(A) In general.--Beginning three years after the
date of enactment of this paragraph, before holding any
lease sale pursuant to paragraph (1) for an area, the
Secretary shall conduct a study of such area, or the
wider planning area that includes such area, in order
to establish information needed for assessment and
management of the environmental impacts on the human,
marine, and coastal environments of the outer
Continental Shelf and the coastal areas which may be
affected by offshore renewable energy projects in such
area or planning area.
``(B) Inclusions.--A study conducted under
subparagraph (A) shall--
``(i) incorporate the best available
existing science and data;
``(ii) identify areas for which there is
insufficient science and data; and
``(iii) include consideration of the
cumulative impacts (including potential
navigational impacts) of offshore renewable
energy projects on human, marine, and coastal
environments.
``(C) Use of data and assessments.-- The Secretary
shall use the data and assessments included in studies
conducted under this paragraph, as appropriate, when
deciding--
``(i) which portions of an area or region
are most appropriate to make available for
leasing; and
``(ii) whether to issue any permit or other
authorization that is necessary to carry out an
offshore renewable energy project.
``(D) NEPA applicability.--The Secretary shall not
consider a study conducted under subparagraph (A) to be
a major Federal action under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
``(12) Capacity building and community engagement.--
``(A) In general.--The Secretary, in consultation
with the Secretary of Commerce, may award grants to
entities to build organizational capacity and enhance
engagement opportunities related to offshore renewable
energy project development, including environmental
reviews and permitting activities of such projects.
``(B) Purposes.--Grants awarded under subparagraph
(A) shall be used by entities to--
``(i) enable States, Indian Tribes,
affected ocean users, and nonprofit
associations that represent affected ocean
users to compile data, conduct analyses,
educate stakeholders, and complete other
activities relating to offshore renewable
energy project development;
``(ii) engage in planning activities and in
the development of offshore wind projects for
the purposes of--
``(I) determining potential
economic, social, public health, and
environmental benefits and impacts; and
``(II) identifying opportunities to
mitigate such impacts;
``(iii) facilitate siting of offshore
renewable energy projects and associated
electric transmission infrastructure; and
``(iv) hire and train personnel, and other
activities designed to increase the capacity of
States, Indian Tribes, and nonprofit
associations, as applicable, to carry out
activities described in clauses (i) through
(iii).
``(C) Prioritization.--When awarding grants under
subparagraph (A), the Secretary shall prioritize
awarding grants that will be used to build
organizational capacity and enhance community
engagement opportunities of Indian Tribes.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry
out this paragraph $25,000,000 for each of fiscal years
2024 through 2028.''.
(d) Reservations.--Section 12(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1341(a)) is amended to read as follows--
``(a) Withdrawal of Unleased Lands by the President.--
``(1) In general.--The President of the United States may,
from time to time, withdraw from disposition any of the
unleased lands of the outer Continental Shelf.
``(2) Reversal for certain offshore renewable energy
projects.--With respect to a withdrawal under paragraph (1) of
unleased lands from disposition, the President may reverse such
a withdrawal only to allow for leasing under section
(8)(p)(1)(C) and only if the President determines that
environmental, national security, or national or regional
energy conditions or demands have changed such that a reversal
would be in the public interest.''.
(e) Citizen Suits, Court Jurisdiction, and Judicial Review.--
Section 23(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1349(c)(2)) is amended to read as follows:
``(2) Any action of the Secretary to approve, require modification
of, or disapprove any exploration plan or development and production
plan under this Act, or any plan, final lease, easement, or right-of-
way granted pursuant to section (8)(p)(1) (and any related final
Federal agency actions), shall be subject to judicial review only in a
United States court of appeals for a circuit in which an affected State
is located.''.
(f) Updating Regulations.--Not later than 270 days after the date
of enactment of this section, the Secretary of the Interior shall issue
any necessary regulations to carry out this section and the amendments
made by this section.
SEC. 503. ESTABLISHMENT OF OFFSHORE RENEWABLE ENERGY COMPENSATION FUND.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is
amended by adding at the end the following:
``SEC. 34. OFFSHORE RENEWABLE ENERGY COMPENSATION FUND.
``(a) Establishment.--There is established in the Treasury of the
United States the Offshore Renewable Energy Compensation Fund, which
shall be used by the Secretary, or a third-party the Secretary enters
into a contract with, to provide to covered entities--
``(1) payments for claims--
``(A) described under subsection (f)(1); and
``(B) verified pursuant to subsection (d)(1); and
``(2) grants to carry out mitigation activities described
in subsection (f)(2).
``(b) Availability of Fund.--The Fund shall be available to the
Secretary without fiscal year limitations for the purpose of providing
payments and grants under subsection (a).
``(c) Accounts.--The Fund shall--
``(1) consist of the royalties, fees, rents, bonuses, and
other payments deposited under section 8(p)(2)(D); and
``(2) be divided into separate area accounts from which
payments and grants shall be provided based on the area in
which damages occur.
``(d) Regulations.--The Secretary shall establish, by regulation, a
process to--
``(1) file, process, and verify claims for purposes of
providing payments under subsection (a)(1); and
``(2) apply for a grant provided under subsection (a)(2).
``(e) Payment Amount.--Payments provided under subsection (a)(1)
shall--
``(1) be based on the scope of the verified claim;
``(2) be fair and provided efficiently and in a transparent
manner; and
``(3) if the covered entity receiving the payment has or
will receive direct compensation for the verified claim
pursuant to a community benefit agreement or other agreement
between such covered entity and a holder of a lease, easement,
or right-of-way, be reduced by an amount that is equal to the
amount of such direct compensation.
``(f) Claims; Mitigation Grants.--
``(1) Claims.--A payment may be provided under subsection
(a)(1) for a verified claim to--
``(A) replace or repair gear that was lost or
damaged by the development, construction, operation, or
decommissioning of an offshore renewable energy
project; or
``(B) replace income that was lost from the
development, construction, operation, or
decommissioning of an offshore renewable energy
project.
``(2) Mitigation grants.--If the Secretary determines that
there are sufficient amounts in an area account of the Fund to
provide payments for all verified claims at any given time, the
Secretary may use amounts in the Fund to provide grants to
covered entities, and other entities determined appropriate by
the Secretary, to mitigate the potential effects of
development, construction, operation, and decommissioning of an
offshore renewable energy project, including by paying for gear
changes, navigation technology improvements, and other measures
to enhance the safety and resiliency of the covered entities
near an offshore renewable energy project.
``(g) Advisory Group.--
``(1) In general.--The Secretary shall establish and
regularly convene an advisory group that shall provide
recommendations on the development and administration of this
section.
``(2) Membership.--The advisory group shall--
``(A) be comprised of individuals--
``(i) appointed by the Secretary; and
``(ii) representing the geographic
diversity of areas impacted by the development,
construction, operation, or decommissioning of
offshore renewable energy projects; and
``(B) include representatives from--
``(i) recreational fishing interests;
``(ii) commercial fishing interests;
``(iii) Tribal fishing interests;
``(iv) the National Marine Fisheries
Services;
``(v) the fisheries science community; and
``(vi) other fields of expertise necessary
to effectively develop and administer this
section, as determined by the Secretary.
``(3) Travel expenses.--The Secretary may provide amounts
to any member of the advisory group to pay for travel expenses,
including per diem in lieu of subsistence, at rates authorized
for an employee of an agency under section 5703 of title 5,
United States Code, while away from the home or regular place
of business of the member in the performance of the duties of
the advisory group.
``(h) Insufficient Funds.--
``(1) In general.--If the Secretary determines that an area
account does not contain a sufficient amount to provide
payments under subsection (a)(1), the Secretary may, not more
than once each calendar year, require any holder of an offshore
renewable energy lease located within the area covered by the
area account to pay an amount specified by the Secretary, which
shall be deposited into such area account.
``(2) Amount.--No holder of an offshore renewable energy
lease shall be required to pay an amount under paragraph (1) in
excess of $3 per acre of the leased land described in paragraph
(1).
``(i) Administrative Expenses.--The Secretary may use up to 15
percent of the amount deposited into the Fund under section 8(p)(2)(D)
during a given fiscal year for administrative expenses to carry out
this section.
``(j) Annual Report.--The Secretary shall submit to Congress, and
make publicly available, an annual report on activities carried out
under this section, including a description of claims filed and the
amount of payments and grants provided.
``(k) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means--
``(A) a community, stakeholder, or Tribal
interest--
``(i) that uses a geographic space of a
lease area, or uses resources harvested from a
geographic space of a lease area; and
``(ii) for which such use is directly and
adversely impacted by the development,
construction, operation, or decommissioning of
an offshore renewable energy project located in
such leased area; or
``(B) a regional association, cooperative, non-
profit organization, commission, or corporation that--
``(i) serves a community, stakeholder, or
Tribal interest described in subparagraph (A);
and
``(ii) acts on behalf of such a community,
stakeholder, or Tribal interest for purposes of
this section, including by submitting a claim
for a covered entity.
``(2) Fund.--The term `Fund' means the Offshore Renewable
Energy Compensation Fund established under subsection (a).
``(3) Lease area.--The term `lease area' means an area
covered by an offshore renewable energy lease.
``(4) Offshore renewable energy lease.--The term `offshore
renewable energy lease' means a lease, easement, or right-of-
way granted under section 8(p)(1)(C).''.
TITLE VI--EMPOWERMENT OF COMMUNITIES
SEC. 601. ESTABLISHMENT OF OFFICE OF ENVIRONMENTAL JUSTICE AND EXTERNAL
CIVIL RIGHTS.
(a) Establishment.--The Administrator of the Environmental
Protection Agency shall maintain within the Environmental Protection
Agency an Office of Environmental Justice and External Civil Rights
(referred to in this section as the ``Office'')--
(1) to lead the agency-wide effort of the Environmental
Protection Agency in addressing the needs of communities with
environmental justice concerns;
(2) to maximize the benefits of programs and activities of
the Environmental Protection Agency to communities with
environmental justice concerns; and
(3) to enforce title VI of the Civil Rights Act of 1964 and
other Federal civil rights laws, which together prohibit
discrimination by applicants for and recipients of financial
assistance from the Environmental Protection Agency.
(b) Assistant Administrator for Environmental Justice and External
Civil Rights.--The Office shall be led by an Assistant Administrator
for Environmental Justice and External Civil Rights (referred to in
this section as the ``Assistant Administrator''), to be appointed by
the President, with the advice and consent of the Senate.
(c) Duties.--The duties of the Office shall include--
(1) supporting the mission of the Environmental Protection
Agency by providing leadership on environmental justice and
external civil rights in the programs and activities of the
Environmental Protection Agency, in collaboration with other
Federal agencies and partners;
(2) coordinating implementation of the environmental
justice and external civil rights programs and activities
described in paragraph (1) across--
(A) national programs and regions of the
Environmental Protection Agency; and
(B) partnerships the Environmental Protection
Agency has with other agencies and partners in State,
Tribal, and local governments and communities;
(3) providing resources and other technical assistance on
civil rights and environmental justice to partners in State,
Tribal, and local governments and communities;
(4) engaging with communities with environmental justice
concerns;
(5) providing support for community-led action relating to
environmental justice; and
(6) providing service and expertise in alternative dispute
resolution, environmental conflict resolution, consensus-
building, and collaborative problem solving through the
Conflict Prevention and Resolution Center of the Environmental
Protection Agency.
SEC. 602. ESTABLISHMENT OF WHITE HOUSE ENVIRONMENTAL JUSTICE
INTERAGENCY COUNCIL.
(a) In General.--The President shall maintain within the Executive
Office of the President a White House Environmental Justice Interagency
Council (referred to in this section as the ``Council'').
(b) Purposes.--The purposes of the Council are--
(1) to improve coordination and collaboration among
agencies and to help advise and assist agencies in identifying
and addressing, as appropriate, the disproportionate human
health and environmental effects of Federal programs, policies,
practices, and activities on communities of color, low-income
communities, and Tribal and Indigenous communities;
(2) to promote meaningful involvement and due process in
the development, implementation, and enforcement of
environmental laws;
(3) to coordinate with, and provide direct guidance and
technical assistance to, environmental justice communities,
with a focus on increasing--
(A) community understanding of the science,
regulations, and policy related to agency actions on
environmental justice issues; and
(B) community capacity to address environmental
justice issues;
(4) to address environmental health, pollution, and public
health burdens in environmental justice communities, and build
healthy, sustainable, and resilient communities;
(5) to develop and update an interagency Federal
environmental justice strategy, as described in subsection
(g)(1);
(6) to annually publish a public performance scorecard, as
described in subsection (g)(2); and
(7) to support and facilitate interagency collaboration on
Federal and State programs and activities related to
environmental justice, including the development of materials
for environmental justice training to build the capacity of
Federal employees to advance environmental justice and to
increase the meaningful participation of individuals from
communities with environmental justice concerns in Federal
activities.
(c) Composition.--
(1) In general.--The Council shall be composed of
individuals described in the text amended by section 7(a) of
Executive Order 14096 (88 Fed. Reg. 25251; relating to
Revitalizing Our Nation's Commitment to Environmental Justice
for All).
(2) Additional members.--The Council may include additional
individuals from independent agencies, including individuals
from the Nuclear Regulatory Commission and the Federal Energy
Regulatory Commission, as determined appropriate by the Chair
of the Council on Environmental Quality (referred to in this
section as the ``Chair'').
(d) Governance.--The Chair shall serve as a member and Chairperson
of the Council.
(e) Reporting to President.--The Council shall report to the
President through the Chair.
(f) Uniform Consideration Guidance.--
(1) In general.--To ensure that there is a common level of
understanding of terminology used in dealing with environmental
justice issues, not later than 1 year after the date of
enactment of this Act, after coordinating with and conducting
outreach to environmental justice communities, State
governments, Tribal Governments, and local governments, the
Council shall develop and publish in the Federal Register a
guidance document to assist agencies in defining and applying
terms relating to--
(A) health disparities;
(B) environmental exposure disparities;
(C) demographic characteristics, including age,
sex, race, and ethnicity;
(D) social stressors, including poverty, housing
quality, access to health care, education, immigration
status, linguistic isolation, historical trauma, and
lack of community resources;
(E) cumulative effects or risks;
(F) community vulnerability or susceptibility to
adverse human health and environmental effects,
including climate change;
(G) barriers to meaningful involvement in the
development, implementation, and enforcement of
environmental laws; and
(H) community capacity to address environmental
concerns, including the capacity to obtain equitable
access to environmental amenities.
(2) Public comment.--For a period of not less than 60 days,
the Chair shall seek public comment on the guidance document
developed under paragraph (1).
(g) Development of Interagency Federal Environmental Justice
Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, after notice and opportunity for
public comment, the Council, in consultation with the White
House Environmental Justice Advisory Council and local
environmental justice leaders, shall develop a coordinated
interagency Federal environmental justice strategy to address
current and historical environmental injustice, which shall
include clear performance metrics to ensure accountability. The
Council shall update said strategy not less frequently than
once every 3 years, after notice and opportunity for public
comment.
(2) Annual performance scorecard.--The Council shall
annually publish a public performance scorecard on the
implementation of the interagency Federal environmental justice
strategy.
(h) Submission of Report to President.--
(1) In general.--Not later than 180 days after updating the
interagency Federal environmental justice strategy under
subsection (g)(1), the Chair shall submit to the President a
report that contains a description of the implementation of the
interagency Federal environmental justice strategy.
(2) Public availability.--The head of each agency that is a
member of the Council shall make each report described in
paragraph (1) available to the public (including by posting a
copy of the report on the website of each agency).
(i) Administration.--
(1) Office of administration.--The Office of Administration
within the Executive Office of the President shall provide
funding and administrative support for the Council, to the
extent permitted by law and within existing appropriations.
(2) Other agencies.--To the extent permitted by law and
subject to the availability of appropriations, the Secretary of
Labor, the Secretary of Transportation, and the Administrator
of the Environmental Protection Agency shall provide
administrative support for the Council, as necessary.
(j) Meetings and Staff.--
(1) Chairperson.--The Chair shall--
(A) convene regular meetings of the Council;
(B) determine the agenda of the Council in
accordance with this section; and
(C) direct the work of the Council.
(2) Executive director.--The Chair shall designate an
Executive Director of the Council, who shall coordinate the
work of, and head any staff assigned to, the Council.
(k) Officers.--To facilitate the work of the Council, the head of
each agency that is a member of the Council shall designate an
Environmental Justice Officer within the agency, with the authority--
(1) to represent the agency on the Council; and
(2) to perform such other duties relating to the
implementation of this section within the agency as the head of
the agency determines to be appropriate.
(l) Establishment of Subgroups.--At the direction of the Chair, the
Council may establish 1 or more subgroups consisting exclusively of
Council members or their designees under this section, as appropriate.
SEC. 603. PROHIBITION ON DISPARATE IMPACT DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended--
(1) by striking ``No'' and inserting ``(a) No''; and
(2) by adding at the end the following:
``(b)(1)(A) Discrimination (including exclusion from participation
and denial of benefits) based on disparate impact is established under
this title if--
``(i) an entity subject to this title (referred to
in this title as a `covered entity') has a program,
policy, practice, or activity that causes a disparate
impact on the basis of race, color, or national origin
and the covered entity fails to demonstrate that the
challenged program, policy, practice, or activity is
related to and necessary to achieve the
nondiscriminatory goal of the program, policy,
practice, or activity alleged to have been operated in
a discriminatory manner; or
``(ii) a less discriminatory alternative program,
policy, practice, or activity exists, and the covered
entity refuses to adopt such alternative program,
policy, practice, or activity.
``(B) With respect to demonstrating that a particular program,
policy, practice, or activity does not cause a disparate impact, the
covered entity shall demonstrate that each particular challenged
program, policy, practice, or activity does not cause a disparate
impact, except that if the covered entity demonstrates to the courts
that the elements of the covered entity's decision-making process are
not capable of separation for analysis, the decision-making process may
be analyzed as 1 program, policy, practice, or activity.
``(2) A demonstration that a program, policy, practice, or activity
is necessary to achieve the goals of a program, policy, practice, or
activity may not be used as a defense against a claim of intentional
discrimination under this title.
``(3) No person in the United States shall be subjected to
discrimination, including retaliation or intimidation, because such
person opposed any program, policy, practice, or activity prohibited by
this title, or because such person made a charge, testified, assisted,
or participated in any manner in an investigation, proceeding, or
hearing under this title.
``(4) In this subsection--
``(A) the term `demonstrates' means to meet the burdens of
going forward with the evidence and of persuasion; and
``(B) the term `disparate impact' means an action or
practice that, even if appearing neutral, actually has the
effect of subjecting persons to discrimination on the basis of
their race, color, or national origin.''.
SEC. 604. PROVISION FOR RIGHT OF ACTION.
(a) In General.--Section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure to comply with this
title, including any regulation promulgated pursuant to this title, may
file suit in any district court of the United States having
jurisdiction of the parties, without respect to the amount in
controversy and without regard to the citizenship of the parties.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment of
this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 605. PROVISION FOR RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by inserting after section 602 the following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional Discrimination.--In an
action brought by an aggrieved person under this title against an
entity subject to this title (referred to in this section as a `covered
entity') who has engaged in unlawful intentional discrimination (not a
practice that is unlawful because of its disparate impact) prohibited
under this title (including its implementing regulations), the
aggrieved person may recover equitable and legal relief (including
compensatory and punitive damages), attorney's fees (including expert
fees), and costs of the action, except that punitive damages are not
available against a government, government agency, or political
subdivision.
``(b) Claims Based on the Disparate Impact Standard of Proof.--In
an action brought by an aggrieved person under this title against a
covered entity who has engaged in unlawful discrimination based on
disparate impact prohibited under this title (including implementing
regulations), the aggrieved person may recover attorney's fees
(including expert fees), and costs of the action.
``(c) Definitions.--In this section:
``(1) Aggrieved person.--The term `aggrieved person' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
``(2) Disparate action.--The term `disparate impact' means
an action or practice that, even if appearing neutral, actually
has the effect of subjecting persons to discrimination on the
basis of their race, color, or national origin.''.
SEC. 606. REQUIREMENT FOR COMMUNITY IMPACT REPORTS.
(a) Purpose.--The purpose of this section is to establish
additional protections relating to Federal actions affecting
environmental justice communities in recognition of the
disproportionate burden of adverse environmental and public health
impacts faced by such communities.
(b) Preparation of a Community Impact Report.--
(1) In general.--A lead agency proposing to take a Federal
action shall prepare and make publicly available a community
impact report that assesses the potential for the proposed
Federal action to have adverse environmental and public health
impacts on environmental justice communities.
(2) Contents.--
(A) In general.--A community impact report
described in paragraph (1) shall--
(i) assess the degree to which the proposed
Federal action has the potential to cause
multiple exposures or cumulative exposure to
human health or environmental hazards that
influence, exacerbate, or contribute to adverse
health outcomes of any affected environmental
justice communities;
(ii) assess relevant public health data and
industry data concerning how the proposed
Federal action may affect the potential for
multiple exposures or cumulative exposure to
human health or environmental hazards in the
geographic area of the affected environmental
justice community;
(iii) assess legacy pollution in the
geographic area of any affected environmental
justice community, including historical
patterns of exposure to human health or
environmental hazards;
(iv) assess the impact of the proposed
Federal action on the ability of any affected
environmental justice community to access
public parks, outdoor spaces, and public
recreation opportunities;
(v) evaluate alternatives to and mitigation
measures for the proposed Federal action that
will--
(I) eliminate or reduce any
exposure to human health and
environmental hazards assessed under
clause (i) to a level that is
reasonably expected to avoid human
health impacts from such exposure in
the geographic area of any affected
environmental justice community; and
(II) not negatively impact the
ability of any affected environmental
justice community to access public
parks, outdoor spaces, and public
recreation opportunities;
(vi) analyze any alternative developed by
members of an affected environmental justice
community that meets the purpose and need to
which the agency is responding in proposing the
alternatives, including the proposed action;
(vii) assess the impact of the proposed
Federal action on access to reliable energy and
on electricity prices for low-income
communities, minority communities, Indian
Tribes, and senior citizens;
(viii) assess the impact of the proposed
Federal action on the potential for drought,
domestic food availability, and domestic food
prices; and
(ix) assess the impact of the proposed
Federal action on the ability of the Federal
Government to achieve the carbon pollution
reduction and elimination goals established
under Executive Order 14057 (86 Fed. Reg.
70935; relating to Catalyzing Clean Energy
Industries and Jobs Through Federal
Sustainability).
(B) Scope of assessments, evaluation, and
analysis.--In assessing, evaluating, and analyzing the
matters described in clauses (i) through (vi) of
subparagraph (A), the lead agency shall assess multiple
and cumulative effects, including effects that are not
within the control of the lead agency or any
participating Federal agencies.
(3) Delegation.--A lead agency may not delegate
responsibility for the preparation of a community impact report
described in paragraph (1) to any non-Federal entity. This
paragraph does not affect the ability of a lead agency to enter
into a contract with a third party to assist with the
preparation of a community impact report described in paragraph
(1).
(4) Agency determination.--Any determination by a lead
agency related to any assessment, evaluation, or analysis
included in a community impact report described in paragraph
(1) shall be subject to judicial review to the same extent as
any other analysis performed under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 607. ENGAGEMENT WITH ENVIRONMENTAL JUSTICE COMMUNITIES AND INDIAN
TRIBES IN NEPA REVIEWS.
(a) National Environmental Policy Act Requirements for
Environmental Justice Communities.--
(1) In general.--When carrying out the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) by preparing an environmental document for a proposed
Federal action that may have reasonably foreseeable adverse
public health or environmental impacts on an environmental
justice community, a lead agency shall--
(A) hold a public comment period carried out during
the scoping for the Federal action for not less than 90
days;
(B) provide early and meaningful opportunities for
any affected environmental justice community to be
involved in the environmental review process of the
proposed Federal action by--
(i) holding multiple hearings in each
affected environmental justice community
regarding the proposed Federal action in each
language spoken by more than 5 percent of the
population of each affected environmental
justice community, at times and locations that
are accessible to members of such affected
environmental justice communities; and
(ii) providing notice to any representative
entities or organizations present in any
affected environmental justice community of any
step or action in the process related to the
preparation of any environmental document for
the proposed Federal action that involves
public participation, which may include
providing notice to--
(I) local religious organizations;
(II) civic associations and
organizations;
(III) business associations of
people of color;
(IV) environmental organizations
and environmental justice
organizations, including community-
based grassroots organizations led by
people of color;
(V) homeowners, tenants, and
neighborhood watch groups;
(VI) local governments and Tribal
Governments;
(VII) rural cooperatives;
(VIII) business and trade
organizations;
(IX) community and social service
organizations;
(X) universities, colleges, and
vocational schools;
(XI) labor and other worker
organizations;
(XII) civil rights organizations;
(XIII) senior citizens' groups; and
(XIV) public health agencies and
clinics;
(C) provide translations of any environmental
documents made publicly available pursuant to that Act
in any language spoken by more than 5 percent of the
population of an affected environmental justice
community; and
(D) consider all potential direct, indirect, and
cumulative impacts caused by the action, alternatives
to such action, and mitigation measures on the
environmental justice community required by that Act.
(2) Communication methods and requirements.--Any notice
provided under paragraph (1)(B)(ii) shall be provided--
(A) through communication methods that are
accessible to the environmental justice community,
which may include electronic media, virtual meetings,
newspapers, radio, direct mailings, canvassing, and
other outreach methods particularly targeted at
communities of color, low-income communities, and
Tribal and Indigenous communities; and
(B) at least 30 days before the applicable public
comment period or hearing is held.
(b) National Environmental Policy Act Requirements for Indian
Tribes.--When carrying out the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by preparing
an environmental document for a proposed Federal action that may affect
an Indian Tribe, a lead agency shall--
(1) seek Tribal representation in the process in a manner
that is consistent with the government-to-government
relationship between the United States and Tribal Governments,
the Federal Government's trust responsibility to Indian Tribes,
and any treaty rights; and
(2) invite affected Indian Tribes to be cooperating
agencies under section 107(a)(3) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4336a(a)(3)), including with
regard to any Federal action that could impact off reservation
lands and sacred sites, not later than the date on which the
scoping process for a proposed Federal action requiring the
preparation of an environmental document commences.
SEC. 608. REQUIREMENT OF NOTICES OF INTENT TO PREPARE ENVIRONMENTAL
DOCUMENTS.
(a) Notices of Intent To Prepare Environmental Documents.--When the
lead agency publishes a notice of intent to prepare an environmental
impact statement or an environmental assessment for a Federal action,
the lead agency shall include in such notice of intent the following:
(1) A description of the proposed Federal action.
(2) An outline of the anticipated schedule for completing
the process under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), with a description of key milestones.
(3) To the extent possible, an initial list of other
existing or proposed sources of multiple or cumulative exposure
to environmental hazards that contribute to higher rates of
serious illnesses within any affected environmental justice
community.
(4) An agency point of contact, or the points of contact if
there is more than one lead agency.
(5) Identification of locations where comments will be
received or hearings held, if known as of the date on which the
notice of intent is published.
(6) Any telephone number or locations where further
information with respect to the preparation of the
environmental document can be obtained.
(b) Effective Date.--Subsection (a) shall take effect 1 year after
the date of enactment of this Act.
SEC. 609. AVOIDANCE OF CUMULATIVE IMPACTS THROUGH NEPA.
(a) Revision.--Section 101(a) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4331(a)) is amended--
(1) by striking ``man's'' and inserting ``human''; and
(2) by striking ``man'' each place it appears and inserting
``humankind''.
(b) Cooperation of Agencies; Reports; Availability of Information;
Recommendations; International and National Coordination of Efforts.--
Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332) is amended--
(1) by striking ``The Congress authorizes and directs that,
to the fullest extent possible:'' and inserting ``The Congress
authorizes and directs that, notwithstanding any other
provision of law and to the fullest extent possible:''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``man's'' and
inserting ``the human'';
(B) in subparagraph (C)--
(i) in clause (iii), by inserting ``and
that, where applicable, do not cause or
contribute to adverse cumulative effects,
including effects caused by exposure to
environmental pollution, on an overburdened
community that are higher than those borne by
other communities within the State, county, or
other geographic unit of analysis as determined
by the agency preparing or having taken primary
responsibility for preparing the environmental
document pursuant to this Act, except that
where the agency determines that an alternative
will serve a compelling public interest in the
affected overburdened community with conditions
to protect public health'' after ``purpose and
need of the proposal''; and
(ii) in clause (iv)--
(I) by striking ``man's'' and
inserting ``humankind's''; and
(II) by striking the ``and'' at the
end;
(C) in subparagraph (F), by inserting ``that are
consistent with subparagraph (C)(iii)'' after
``feasible alternatives''; and
(D) in subparagraph (I), by striking ``mankind's''
and inserting ``humankind's''.
(c) Definitions.--Section 111 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4336e) is amended--
(1) by redesignating paragraphs (10), (11), (12), and (13)
as paragraphs (13), (15), (16), and (17), respectively;
(2) by inserting after paragraph (9) the following:
``(10) Effect; impact.--The terms `effect' and `impact'
mean changes to the human environment from the proposed action
or alternatives that are reasonably foreseeable and include the
following:
``(A) Direct effects, which are caused by the
action and occur at the same time and place.
``(B) Indirect effects, which are caused by the
action and are later in time or farther removed in
distance, but are still reasonably foreseeable.
Indirect effects may include growth inducing effects
and other effects related to induced changes in the
pattern of land use, population density or growth rate,
and related effects on air and water and other natural
systems, including ecosystems.
``(C) Cumulative effects, which are effects on the
environment that result from the incremental effects of
the action when added to the effects of other past,
present, and reasonably foreseeable actions regardless
of what agency (Federal or non-Federal) or person
undertakes such other actions. Cumulative effects can
result from individually minor but collectively
significant actions taking place over a period of time.
``(D) Effects that are ecological (such as the
effects on natural resources and on the components,
structures, and functioning of affected ecosystems),
aesthetic, historic, cultural, economic, social, or
health, whether direct, indirect, or cumulative.
Effects may also include those resulting from actions
which may have both beneficial and detrimental effects,
even if on balance the agency believes that the effects
will be beneficial.
``(11) Limited english proficiency.--The term `limited
English proficiency' means that a household does not have an
adult that speaks English very well according to the United
States Census Bureau.
``(12) Low-income household.--The term `low-income
household' means a household that is at or below twice the
poverty threshold as that threshold is determined annually by
the United States Census Bureau.'';
(3) by inserting after paragraph (13), as so redesignated,
the following:
``(14) Overburdened community.--The term `overburdened
community' means any census block group, as determined in
accordance with the most recent United States Census, in
which--
``(A) at least 35 percent of the households qualify
as low-income households;
``(B) at least 40 percent of the residents identify
as minority or as members of a Tribal or Indigenous
community; or
``(C) at least 40 percent of the households have
limited English proficiency.''; and
(4) by adding at the end the following:
``(18) Tribal or indigenous community.--The term `Tribal or
Indigenous community' means a community of people who are
members of--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community
or organization; or
``(D) any other community of Indigenous people
located in a State or territory of the United
States.''.
SEC. 610. INCLUSION OF GREENHOUSE GAS PROJECTIONS IN NEPA REVIEWS.
(a) Requirement.--In preparing an environmental document for a
proposed major Federal action, the lead agency shall consider the
potential effects of--
(1) the proposed major Federal action on climate change;
and
(2) the effects of climate change on the proposed major
Federal action.
(b) Quantifying Effects.--In considering the effects described
under subsection (a), the lead agency shall--
(1) quantify the reasonably foreseeable direct and indirect
greenhouse gas emissions of the proposed major Federal action
and reasonable alternatives;
(2) utilize the best available estimates of the social cost
of carbon, as determined by the Chair of the Council on
Environmental Quality; and
(3) identify alternatives and mitigation measures to avoid
or reduce greenhouse gas emissions of the proposed major
Federal action.
(c) Social Cost of Carbon Defined.--In this section, the term
``social cost of carbon'' means a quantification, in dollars, of the
long-term damage caused by a ton of carbon dioxide emissions in a given
year.
SEC. 611. ESTABLISHMENT OF COMMUNITY BENEFITS AGREEMENTS.
(a) Consideration in NEPA.--When carrying out the requirements of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
by preparing an environmental document for a proposed major Federal
action that may have reasonably foreseeable adverse public health or
environmental impacts, the lead agency shall take into consideration
whether a project sponsor has entered into a community benefits
agreement with a State, a unit of local government, an Indian Tribe, a
labor organization, or a community benefits organization that may
include the disbursement of funds for social, economic, or
environmental benefits that will--
(1) offset adverse impacts resulting from the construction
or operation of the proposed major Federal action; or
(2) address legacy or historical harm or adverse cumulative
social, economic, or environmental impacts in the location in
which the proposed major Federal action is to be carried out.
(b) Projects Requiring Environmental Impact Statements.--The lead
agency with respect to a proposed project that requires the preparation
of an environmental impact statement may require the project sponsor to
enter into a community benefits agreement with a State, a unit of local
government, an Indian Tribe, a labor organization, or a community
benefits organization to offset, in full or in part, any significant
adverse social, economic, or environmental impacts that would result
from the construction or operation of the project.
(c) Considerations.--In determining whether to require a project
sponsor to enter into a community benefits agreement under subsection
(c), the lead agency shall consider--
(1) the available resources of the project sponsor;
(2) the scale of the project and degree of impacts,
including cumulative impacts to communities with environmental
justice concerns; and
(3) the benefits from the project to be received by the
community or communities, relative to the adverse impacts
resulting from the project.
(d) Negotiation.--
(1) In sponsor.--A community benefits agreement shall be
negotiated between the project sponsor and the State, unit of
local government, Indian Tribe, labor organization, or
community benefits organization, as applicable.
(2) Technical assistance.--On request of a State, unit of
local government, Indian Tribe, or a community benefits
organization the lead agency may provide technical assistance
to the State, unit of local government, Indian Tribe, labor
organization, or community benefits organization in developing
and negotiating a community benefits agreement.
(3) Third party neutral.--For a community benefits
agreement required by a lead agency under subsection (b), the
lead agency--
(A) may request a representative of the Conflict
Prevention and Resolution Center of the Environmental
Protection Agency or the John S. McCain III National
Center for Environmental Conflict Resolution to act as
a neutral third party in the negotiation and
preparation of the community benefits agreement; and
(B) shall reimburse the Environmental Protection
Agency (unless the lead agency is the Environmental
Protection Agency) or the Udall Foundation for the
reasonable costs of that service.
(4) Mechanism for holding funds.--Negotiation relating to a
community benefits agreement shall address the mechanism
through which funds associated with the community benefits
agreement will be held and dispersed, such as through a trust
fund or similar instrument.
(e) Use of Funds.--Funds received by a State, unit of local
government, Indian Tribe, labor organization, or community benefits
organization under a community benefits agreement shall be used for any
activity or the construction or modification of infrastructure that--
(1) is beneficial to communities affected by the applicable
project;
(2) is identified as a priority by any State, unit of local
government, or Indian Tribe that is a party to the community
benefits agreement; and
(3) is inclusive of labor organizations capable of
completing construction or modification.
(f) Definitions.--In this section:
(1) Community benefits agreement.--The term ``community
benefits agreement''--
(A) means an agreement to carry out activities to
address historical or legacy impacts that continue to
contribute to cumulative impacts that are identified
under a community impact report prepared under section
606; and
(B) includes--
(i) commitments by a project sponsor to
hire members of the local workforce during
construction, operation, or maintenance of the
applicable project; and
(ii) the disbursement of funds for social,
economic, or environmental benefits that will--
(I) offset adverse impacts
resulting from the construction or
operation of the applicable project; or
(II) address legacy or historical
harm or adverse cumulative impacts in
the location in which the applicable
project is to be carried out.
(2) Community benefits organization.--In this section, the
term ``community benefits organization'' means an organization
that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code; and
(B) is formed to protect the human health and
environment of communities in the area in which a
proposed major Federal action is to be carried out.
SEC. 612. REQUIREMENT OF TIMELY PUBLIC RELEASE OF NEPA DOCUMENTATION.
(a) In General.--To achieve the goals described in section 1507.4
of title 40, Code of Federal Regulations (or a successor regulation),
to allow agencies and the public to efficiently and effectively access
information relating to environmental reviews required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
lead agency for a proposed major Federal action shall make the
documents identified under subsection (b) with respect to such proposed
major Federal action available to the public in a searchable, digital
format when such documents are completed by the lead agency, or in the
case of final documents, finalized by the agency. The lead agency may
make such documents available to the public in a searchable, digital
format by--
(1) publishing and maintaining such documents on the public
website or websites of the applicable agency or agencies; and
(2) uploading such documents to the E-NEPA online
permitting portal established under subsection (b) of section
110 of the National Environmental Policy Act of 1969 (as added
by section 615(b) of this Act).
(b) Documents.--The documents identified under this subsection are
the following:
(1) Any notice of intent and other scoping notices.
(2) Any draft and final environmental assessments and
findings of no significant impacts.
(3) Any draft, final, and supplemental environmental impact
statements.
(4) Any records of decision.
(5) Any documentation associated with a determination to
proceed with the proposed major Federal action under a
categorical exclusion.
(6) Any additional related documentation.
(c) Timing.--The lead agency shall make the documents identified
under subsection (b) available to the public in a searchable, digital
format under subsection (a) by not later than the earlier of--
(1) 3 days after the date on which the lead agency
completes the document; and
(2) 3 days after the date on the document is published in
the Federal Register.
(d) Cooperating Agencies.--A cooperating agency shall publish a
link to the location on the website of the lead agency to the documents
identified under subsection (b) on which the agency was a cooperating
agency.
SEC. 613. ESTABLISHMENT OF GRANTS FOR CAPACITY BUILDING AND COMMUNITY
ENGAGEMENT.
(a) In General.--The Administrator of the Environmental Protection
Agency shall make grants to States, units of local government, Indian
Tribes, and nonprofit associations which may be used for purposes of--
(1) increasing the capacity of such organizations to
conduct activities related to proposed major Federal actions,
and State, local, and Tribal environmental reviews, permits,
and consultations, including by--
(A) compiling data and conducting analyses,
planning, and environmental review;
(B) determining potential economic, social, public
health, and environmental impacts; and
(C) identifying opportunities to mitigate such
impacts;
(2) enhancing community engagement opportunities related to
environmental reviews;
(3) identifying zones for renewable energy development;
(4) facilitating the siting of renewable energy-related
facilities and infrastructure;
(5) providing technical assistance to units of local
government to establish renewable energy zoning ordinances; and
(6) training and hiring personnel, and other activities to
increase the capacity of States, units of local government,
Indian Tribes, and nonprofit associations, as applicable, to
carry out activities described in paragraphs (1) through (5).
(b) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator of the Environmental
Protection Agency to make grants under subsection (a)
$500,000,000 for each of fiscal years 2024 through 2029.
(2) Environmental review fund.--In addition to amounts made
available under paragraph (1), the Administrator may use
amounts available in the Environmental Review Fund for the
Environmental Protection Agency established under section
614(c) to make grants to under subsection (a).
SEC. 614. ESTABLISHMENT OF FEES FOR ENVIRONMENTAL REVIEWS AND
AUTHORIZATIONS FOR PROJECTS.
(a) Establishment of Fees.--
(1) In general.--The head of each Federal agency required
or authorized to complete an environmental document or an
authorization for a major Federal action shall issue
regulations to collect fees for work to complete any such
environmental document or authorization.
(2) Specifications.--A fee collected under paragraph (1)
shall be, as determined by the head of the applicable Federal
agency--
(A) fair;
(B) sufficient to cover the costs to the Federal
agency of completing the environmental document or
authorization; and
(C) consistent with the guidance established by the
Council on Environmental Quality and the Office of
Management and Budget under subsection (b).
(3) Additional considerations.--In collecting a fee under
paragraph (1), the head of a Federal agency may also consider--
(A) the value of the service or thing to the
individual or entity that receives a completed
environmental review or authorization;
(B) the public interest served by the major Federal
action;
(C) the complexity of the major Federal action and
number of agencies involved as cooperating agencies;
(D) potential impacts of the major Federal action
on small businesses; and
(E) other relevant factors, as determined by the
head of the Federal agency.
(4) Deposit of fees.--Fees collected under this subsection
shall be deposited into the applicable Environmental Review
Fund established under subsection (c)(1).
(b) Guidance.--Not later than 120 days after the date of enactment
of this Act, the Council on Environmental Quality and the Office of
Management and Budget shall issue joint guidance for Federal agencies
to facilitate the collection of fees under subsection (a) and the
reporting of data under subsection (c)(5).
(c) Environmental Review Funds.--
(1) Establishment.--There is established at each Federal
agency with authority for completing environmental reviews or
authorizations required by law an Environmental Review Fund
(referred to in this subsection as a ``Fund''), consisting of
fees established under subsection (a) that are collected by the
Federal agency.
(2) Availability.--Amounts in a Fund and amounts
transferred to an agency under paragraph (3) shall be available
to the applicable Federal agency, without further
appropriation, for--
(A) environmental review staff salaries and
training and third-party contracts to support the
completion of environmental documents and
authorizations for major Federal actions;
(B) environmental data collection;
(C) development of documents and analyses that will
facilitate timely environmental reviews, including
programmatic analyses and memoranda of understanding;
(D) monitoring compliance with terms and conditions
included in authorizations for major Federal actions;
and
(E) other activities and services that will
facilitate timely environmental reviews, as determined
by the head of the Federal agency.
(3) Transfer authority.--
(A) In general.--A Federal agency for which a Fund
is established by paragraph (1) may transfer amounts in
such a Fund to another Federal agency--
(i) for work performed as a cooperating
agency to complete an environmental document
for a major Federal action that is subject to a
fee established by the Federal agency under
subsection (a);
(ii) to pay the costs of conducting and
completing responsibilities required under
other Federal law for the major Federal action
on which the Federal agency is serving as the
lead agency; or
(iii) to fund liaison positions at another
Federal agency to facilitate interagency
coordination and timely completion of
environmental documents and authorizations for
major Federal action.
(B) Acceptance of funds.--A Federal agency with a
Fund shall have the authority to accept funding
transferred by another agency under subparagraph (A).
(4) Programmatic environmental review fund.--
(A) Establishment.--A Federal agency for which a
Fund is established by paragraph (1) may establish, by
issuing regulations, within the Fund a separate
programmatic environmental review fund.
(B) Contribution by project sponsors.--A Federal
agency may allow a project sponsor or group of project
sponsors to contribute to a programmatic environmental
review fund established under subparagraph (A) to
facilitate the development of a programmatic
environmental review.
(C) Fees for programmatic environmental reviews.--A
Federal agency that established a programmatic
environmental review fund under subparagraph (A) may
establish fees, consistent with specifications and
considerations under subsection (a), when the
environmental document for a project carried out by a
project sponsor will tier off the programmatic
environmental review, consistent with section 1501.11
of title 40, Code of Federal Regulations (or a
successor regulation).
(5) Report.--The head of each Federal agency for which a
Fund is established by paragraph (1) shall prepare, and make
publicly available on the website of the Federal agency, an
annual report on the collection and use of fees under
subsection (a) and this subsection.
(6) Clarifications.--
(A) Amounts in fund.--Amounts in a Fund shall
supplement existing amounts authorized to carry out
activities described in paragraph (2).
(B) Positions.--A Federal agency using amounts in a
Fund shall not be subject to any limitation relating to
the number of full-time equivalent employees of the
Federal agency otherwise imposed by law.
(d) Exemption.--A Federal agency that establishes a fee under
subsection (a) may exempt an entity from such a fee if, as determined
by the Federal agency, the fee would impose an undue financial burden
or is otherwise determined to be inappropriate.
SEC. 615. ESTABLISHMENT OF INTERAGENCY ENVIRONMENTAL DATA SYSTEM.
(a) Environmental Data Systems.--
(1) In general.--Not later than 2 years after the date of
enactment of the Clean Electricity and Transmission
Acceleration Act of 2023, the Council on Environmental Quality
(referred to in this section as the ``Council''), in
coordination with, and support from, the Administrator of the
Environmental Protection Agency (referred to in this section as
the ``Administrator'') and the Director of the Office of
Management and Budget (referred to in this section as the
``Director'') and in consultation with the Federal Geographic
Data Committee and heads of Federal agencies with relevant
geographic information system data, shall develop linked
interagency environmental data collection systems that include
georeferenced qualitative and quantitative data for use by all
Federal agencies in preparing any environmental document and
tracking environmental outcomes of major Federal actions,
including--
(A) environmental documents;
(B) data on mitigation commitments required in
environmental documents; and
(C) monitoring and compliance data and information
required under Federal environmental laws.
(2) Requirements.--In developing linked interagency
environmental data collection systems under paragraph (1), the
Council, in coordination with the Administrator and the
Director, shall--
(A) facilitate--
(i) the reduction of administrative costs
borne by project developers, including in the
establishment of the permitting portal under
section 110(b) of the National Environmental
Policy Act of 1969;
(ii) the reduction of the duplication of
efforts by Federal and State agencies;
(iii) the standardization of the collection
of information on environmental impacts and
outcomes; and
(iv) the tracking of long-term
environmental outcomes, including the efficacy
of mitigation commitments;
(B) make the linked interagency environmental data
collection systems developed under paragraph (1)
publicly available, to the extent consistent with
section 552 of title 5, United States Code, and any
exemption from disclosure of sensitive site-specific
information under applicable law;
(C) include tools that--
(i) enhance the abilities of Federal
agencies to conduct the public outreach and
engagement required under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(ii) enable Federal agencies to publish
information regarding public engagement
opportunities under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(iii) facilitate opportunities for the
public to provide Federal agencies with
relevant environmental or scientific
information and data, including locally-
specific environmental data, that could
complement monitoring efforts and enhance
evidence-based decision making;
(D) facilitate coordination between Federal and
State agencies, including by providing for up-to-date
georeferenced information sharing about current Federal
agency actions;
(E) enable States to integrate relevant State-level
environmental data;
(F) standardize and enhance the use of
nonconfidential geographic information and geospatial
data in the preparation of environmental documents and
in the authorization and permitting of major Federal
actions;
(G) use an interactive, digital, and cloud-based
platform;
(H) ensure that data is searchable, accessible,
interoperable, reusable, and includes--
(i) digital geographic information system
data or other location data for the activities
for which an environmental impact statement or
an environmental assessment was prepared;
(ii) each environmental impact statement
and environmental assessment, including
appendices, in a machine-readable format; and
(iii) to the extent practicable, geographic
information system data or other location data
for documents, permits, monitoring reports, or
reports prepared under State environmental
review laws;
(I) allow users to find specific documents and
specific types of information, such as--
(i) analyses of types of environmental
impact;
(ii) analyses of types of major Federal
actions;
(iii) geographic location of major Federal
actions;
(iv) ecological, cultural, and historical
features and resources; and
(v) other categories, as determined by the
Council, the Administrator, and the Director;
and
(J) enable sponsors of major Federal actions and
the public--
(i) to identify project locations that
would avoid or minimize impacts; and
(ii) to conduct preliminary scoping of
impacts.
(3) Existing data.--In developing linked interagency
environmental data collection systems under paragraph (1), the
Council in coordination with the Administrator and the
Director, shall incorporate relevant information from existing
geographic information systems and other relevant systems and
databases.
(4) Agency responsibilities.--Each Federal agency that is
required to prepare an environmental document or otherwise
maintains relevant environmental data shall--
(A) participate in the development of linked
interagency environmental data collection systems under
paragraph (1);
(B) make relevant environmental data available to
be integrated into those linked interagency
environmental data collection systems; and
(C) make environmental documents available to be
integrated into those linked interagency environmental
data collection systems.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Council on Environmental Quality to
develop linked interagency environmental data collection
systems under subsection (a)(1) $20,000,000 for each of fiscal
years 2023 through 2028.
(b) E-NEPA Implementation.--Section 110 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336d) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by adding after subsection (b) the following:
``(b) Permitting Portal.--Not later than 1 year after the date of
enactment of the Clean Electricity and Transmission Acceleration Act of
2023, the Council on Environmental Quality shall establish an online
permitting portal--
``(1) with the parameters described in paragraphs (1)
through (3) of subsection (a) for major Federal actions that
require review under section 102(2)(C); and
``(2) through which the public can access the documents
identified under section 612(b) of the Clean Electricity and
Transmission Acceleration Act of 2023.''; and
(3) in subsection (c), as so redesignated--
(A) by striking ``There is authorized'' and
inserting the following:
``(1) Study.--There is authorized''; and
(B) by adding at the end the following:
``(2) Permitting portal.--There is authorized to be
appropriated $1,000,000 for the Council on Environmental
Quality to carry out subsection (b).''.
SEC. 616. TRANSFERENCE OF UNOBLIGATED BALANCES FOR USE UNDER THE
ENDANGERED SPECIES ACT.
(a) In General.--Unobligated balances of amounts made available by
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58) to any agency funded by the Infrastructure Investment and Jobs
Act may be transferred to and merged with amounts otherwise made
available to the United States Fish and Wildlife Service and the
National Marine Fisheries Service for the costs of carrying out
consultation and conference responsibilities under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) in connection with
activities and projects funded by the Infrastructure Investment and
Jobs Act (Public Law 117-58).
(b) Supplement Not Supplant.--Amounts transferred pursuant to
subsection (a) shall supplement, not supplant, amounts and transfer
authorities otherwise available to the United States Fish and Wildlife
Service and the National Marine Fisheries Service for the costs of
carrying out the responsibilities described in subsection (a).
(c) Emergency Requirement.--Any amount transferred pursuant to this
section that, at the time of such transfer, is designated by the
Congress as an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on the budget
for fiscal year 2018, or section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985, shall retain such designation.
SEC. 617. DESIGNATION OF SENIOR COMMUNITY ENGAGEMENT OFFICERS AND
TRIBAL COMMUNITY ENGAGEMENT OFFICERS.
(a) Designation of Senior Community Engagement Officers and Tribal
Community Engagement Officers.--
(1) In general.--The head of each Federal agency required
or authorized to complete an environmental document or an
authorization for a major Federal action shall designate--
(A) 1 or more appropriate employees or officials of
the applicable Federal agency to serve as a senior
community engagement officer (referred to in this
section as an ``SCO''); and
(B) 1 or more appropriate employees or officials of
the applicable Federal agency (other than an employee
or official designated as an SCO under subparagraph
(A)) to serve as a Tribal community engagement officer
(referred to in this section as a ``TEO'').
(2) Responsibilities of an sco and teo.--An SCO and a TEO
shall--
(A) oversee community or Tribal, as applicable,
engagement in environmental review and authorization
processes carried out by the Federal agency;
(B) advise the applicable head of the Federal
agency on matters relating to community or Tribal, as
applicable, engagement in such reviews and processes;
(C) identify, recommend, and implement approaches
to expand and improve early, meaningful community or
Tribal, as applicable, engagement relating to the
environmental review and authorization processes
carried out by the Federal agency;
(D) identify and avoid or resolve conflicts with
communities or Indian Tribes affected by the
environmental review or authorization processes, as
applicable--
(i) to align Federal actions with the needs
and interests of those communities or Indian
Tribes, as applicable; and
(ii) to minimize the potential for delay of
environmental review and authorization
processes carried out by the Federal agency;
(E) identify opportunities with affected
communities or Indian Tribes to accelerate the
environmental review and authorization processes
carried out by the Federal agency;
(F) provide technical support and capacity
building, on request of a community or an Indian Tribe
to enhance the ability of communities and Indian Tribes
to engage constructively in Federal agency decision
making; and
(G) assist in developing and negotiating community
benefits agreements consistent with section 611.
(3) Reporting.--An SCO and a TEO shall report directly to a
Deputy Secretary (or equivalent) or higher position in the
Federal agency in which the SCO or TEO serves.
(4) Guidance.--The Director of the Office of Management and
Budget shall establish any guidance necessary to establish SCO
and TEO positions not later than 2 years of the date of
enactment of this Act.
(b) Regional Community Engagement Officers.--A Federal agency may
appoint regional community engagement officers to support community and
Tribal engagement in environmental review and authorization processes
carried out by the Federal agency within a region impacted by a
proposed major Federal project, including by carrying out activities--
(1) to identify and implement approaches to expand and
improve early, meaningful community and Tribal engagement
relating to the environmental review and authorization
processes carried out by the Federal agency;
(2) to identify and avoid or resolve conflicts with
affected communities and Indian Tribes that have the potential
to delay environmental review and authorization processes
carried out by the Federal agency;
(3) to identify opportunities with affected communities and
Indian Tribes to accelerate the environmental review and
authorization processes carried out by the Federal agency;
(4) to provide technical support and capacity building, on
request of a community or an Indian Tribe, to enhance the
ability of communities or Indian Tribes to engage
constructively in Federal agency decision making; and
(5) to assist in developing and negotiating community
benefits agreements consistent with section 611.
(c) Application.--Notwithstanding any other provision of law,
chapter 10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to stakeholder
engagement processes or public comment activities that are required
under or proceeding from a Federal environmental permitting process and
led by an SCO, a TEO, or a regional community engagement officer
appointed under subsection (b).
(d) FAST 41.--
(1) Definition of agency sco.--Section 41001 of the FAST
Act (42 U.S.C. 4370m) (as amended by section 201(a)(2)(A)) is
amended--
(A) by redesignating paragraphs (2) through (18) as
paragraphs (3) through (19), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Agency sco.--The term `agency SCO' means the senior
community engagement officer of an agency, as designated by the
head of the agency under section 617(a)(1)(A) of the Clean
Electricity and Transmission Acceleration Act of 2023.''.
(2) Dispute resolution.--Section 41003(c)(2)(C)(i) of the
FAST Act (42 U.S.C. 4370m-2(c)(2)(C)(i)) is amended by striking
``agency CERPOs'' and inserting ``agency CERPOs, agency
SCOs,''.
(3) Environmental review improvement fund.--Section
41009(d)(3) of the FAST Act (42 U.S.C. 4370m-8(d)(3)) is
amended--
(A) by striking ``facilitate timely'' and inserting
``facilitate early, meaningful community engagement and
timely''; and
(B) by inserting ``and agency SCOs'' after ``agency
CERPOs''.
SEC. 618. ESTABLISHMENT OF FERC ENVIRONMENTAL JUSTICE LIAISON.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended
by adding at the end the following:
``(c)(1) The Director shall appoint within the Office at least one
environmental justice liaison.
``(2) A liaison shall engage and consult with environmental justice
communities that are determined by the Director to be reasonably likely
to be affected by the construction or operation of projects authorized
by the Commission to--
``(A) increase the awareness of such projects;
``(B) solicit input from such environmental justice
communities on such projects; and
``(C) aid in the planning of such projects to minimize any
adverse effects on human health or the environment.
``(3) In engaging and consulting with the environmental justice
communities described in paragraph (2), a liaison shall coordinate
with, as applicable--
``(A) the appropriate counterparts of Tribal, State, or a
local governments;
``(B) community-based organizations;
``(C) faith-based organizations;
``(D) local small businesses; and
``(E) representatives of any other groups, organizations,
or individuals, as determined by the liaison.
``(4) In this subsection:
``(A) The term `environmental justice community' means any
population of color, community of color, indigenous community,
or low-income community that experiences a disproportionate
burden of the adverse human health or environmental impacts of
pollution or other environmental hazards.
``(B) The term `liaison' means an environmental justice
liaison appointed by the Director under paragraph (1).''.
SEC. 619. REQUIREMENT FOR INTERVENOR FUNDING AT FERC OFFICE OF PUBLIC
PARTICIPATION.
(a) In General.--Section 319(b)(2) of the Federal Power Act (16
U.S.C. 825q-l(b)(2)) is amended by striking ``The Commission may'' and
inserting ``The Commission shall''.
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Federal Energy Regulatory Commission shall
promulgate a final rule to provide compensation under section 319(b)(2)
of the Federal Power Act (16 U.S.C. 825q-1(b)(2)), as amended by this
section. Under such rule the Commission shall require that each
intervenor or participant file a disclosure form of earned and unearned
income to identify conflicts of interest. Such form shall not be overly
burdensome.
SEC. 620. REFORM OF RTO AND ISO GOVERNANCE AND PARTICIPATION.
(a) Technical Conference.--Not later than 180 days after the date
of enactment of this section, the Federal Energy Regulatory Commission
shall convene a technical conference to consider Regional Transmission
Organization and Independent System Operator independence, the
responsiveness of RTOs and ISOs to their customers and other
stakeholders, and ways for RTOs and ISOs to increase the equitable
treatment of their customers and other stakeholders, including the
effectiveness of stakeholder policies and procedures adopted in
compliance with the final rule titled ``Wholesale Competition in
Regions With Organized Electric Markets'' published in the Federal
Register on October 28, 2008 (73 Fed. Reg. 64100).
(b) Participation.--The technical conference convened under
subsection (a) shall be led by members of the Commission, and the
Commission shall invite participation from representatives of each RTO
and ISO, owners and operators of transmission facilities, owners and
operators of electric generation facilities, owners and operators of
distributed energy generation systems, end-use customers, electric
power marketers, publicly owned electric utilities, consumer advocates,
environmental justice advocates, environmental groups, State
commissions, and such other stakeholders as the Commission determines
appropriate.
(c) Topics.--In conducting the technical conference convened under
subsection (a), the Commission shall seek to identify policies and
procedures that maintain RTO and ISO independence, and enhance the
responsiveness of RTOs and ISOs to their customers and other
stakeholders, taking into consideration--
(1) the benefits of greater transparency in RTO and ISO
stakeholder processes, including access by stakeholders to
relevant data and written background materials;
(2) barriers to participation in such stakeholder processes
for new market participants and other non-incumbent
stakeholders;
(3) the need for periodic, independent review of RTO and
ISO stakeholder policies and procedures;
(4) power imbalances between incumbent and non-incumbent
stakeholders, including whether current RTO and ISO membership
rules, sectoral designations, and voting procedures allow for
adequate representation of all stakeholder views;
(5) whether and how RTOs and ISOs should take State public
policy objectives into consideration as part of such
stakeholder processes;
(6) whether existing RTO and ISO decision-making processes
are sufficiently independent from the control of any market
participant or class of participants;
(7) the role of the Office of Public Participation of the
Commission in facilitating greater stakeholder participation in
RTOs and ISOs; and
(8) such other subjects as the Commission considers
appropriate.
(d) Public Comment.--The Commission shall provide an opportunity
for public comment on the technical conference convened under
subsection (a).
(e) Rulemaking.--Not later than 18 months after the conclusion of
the technical conference convened under subsection (a), the Commission
shall issue a final rule adopting such policies and procedures as the
Commission determines necessary to maintain the independence of RTOs
and ISOs, and to enhance the transparency and responsiveness of RTOs
and ISOs to their customers and other stakeholders.
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal power act definitions.--The terms ``electric
utility'', ``Independent System Operator'', ``ISO'', ``Regional
Transmission Organization'', ``RTO'', and ``State commission''
have the meanings given such terms in section 3 of the Federal
Power Act (16 U.S.C. 796).
SEC. 621. SAVINGS CLAUSE.
Nothing in this title diminishes--
(1) any right granted through the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
(2) the requirements under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to consider direct,
indirect, and cumulative impacts.
SEC. 622. DEFINITIONS.
In this title:
(1) Affected environmental justice community.--The term
``affected environmental justice community'' means an
environmental justice community that may experience adverse
health and environmental impacts as a result of a major Federal
action.
(2) Categorical exclusion; cooperating agency;
environmental assessment; environmental document; environmental
impact statement; lead agency.--The terms ``categorical
exclusion'', ``cooperating agency'', ``environmental
assessment'', ``environmental document'', ``environmental
impact statement'', ``lead agency'', and ``participating
Federal agency'' have the meanings given such terms in section
111 of the National Environmental Policy Act of 1969 (42 U.S.C.
4336e).
(3) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(I) Middle Eastern and North African.
(4) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities that
experience, or are at risk of experiencing, a disproportionate
burden of the adverse human health or environmental impacts of
pollution or other environmental hazards.
(5) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(6) Major federal action.--The term ``major Federal
action'' means a major Federal action significantly affecting
the quality of the human environment under section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(C)(2)).
(7) Tribal and indigenous community.--The term ``Tribal and
Indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native community or organization;
(D) a Native Hawaiian community or organization; or
(E) any other Indigenous community located in a
State.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H6925-6926)
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
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Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the Budget, 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.
Referred to the Subcommittee on Energy, Climate and Grid Security.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Forestry.