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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5600 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5600
To amend the Federal Power Act to streamline the siting of certain
transmission facilities in the national interest.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2025
Mr. Peters (for himself and Mr. Barr) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Power Act to streamline the siting of certain
transmission facilities in the national interest.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlining Powerlines Essential to
Electric Demand and Reliability Act of 2025'' or the ``SPEED and
Reliability Act of 2025''.
SEC. 2. TRANSMISSION PERMITTING.
(a) Definitions.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended by striking subsection (a) and inserting the
following:
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the Federal
Energy Regulatory Commission.
``(2) ERO.--The term `ERO' has the meaning given such term
in section 215(a).
``(3) Improved reliability.--The term `improved
reliability' means that, on balance, considering each of the
matters described in subparagraphs (A) through (D), reliability
is improved in a material manner that benefits customers
through at least one of the following:
``(A) Facilitating compliance with a mandatory
standard for reliability approved by the Commission
under section 215.
``(B) A reduction in expected unserved energy, loss
of load hours, or loss of load probability (as defined
by the ERO).
``(C) Facilitating compliance with a tariff
requirement or process for resource adequacy on file
with the Commission.
``(D) Any other similar material improvement,
including a reduction in correlated outage risk, such
as achieved through increased geographic or resource
diversification.
``(4) Landowner input.--The term `landowner input' means
input received--
``(A) by the Commission;
``(B) from affected landowners, such as farmers and
ranchers, in the path of the proposed construction or
modification of an electric transmission facility; and
``(C) pursuant to notification provided to, and
consultation with, those affected landowners, farmers,
and ranchers by the Commission.
``(5) Secretary.--The term `Secretary' means the Secretary
of Energy.''.
(b) Construction Permit.--Section 216(b) of the Federal Power Act
(16 U.S.C. 824p(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Except'' and all that follows through ``finds that'' and
inserting ``Except as provided in subsections (d)(1) and (i),
the Commission shall, after notice and an opportunity for
hearing, including a public comment period of at least 60 days,
issue one or more permits for the construction or modification
of electric transmission facilities necessary in the national
interest if the Commission finds that'';
(2) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``or
modification'' after ``siting''; and
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``or modification'' after ``siting'';
and
(ii) in clause (i), by striking ``the later
of'' in the matter preceding subclause (I) and
all that follows through the semicolon at the
end of subclause (II) and inserting ``the date
on which the application was filed with the
State commission or other entity;''; and
(3) by striking paragraphs (2) through (6) and inserting
the following:
``(2) the proposed facilities will be used for the
transmission of electric energy in interstate (including
transmission from the outer Continental Shelf to a State) or
foreign commerce;
``(3) the proposed construction or modification is
consistent with the public interest;
``(4) the proposed construction or modification will
significantly reduce transmission congestion in interstate
commerce, protect or benefit consumers, and provide improved
reliability;
``(5) the proposed construction or modification is
consistent with sound national energy policy and will enhance
energy independence;
``(6) the electric transmission facilities are capable of
transmitting electric energy at a voltage of not less than 100
kilovolts or, in the case of facilities that include advanced
transmission conductors (including superconductors), as defined
by the Commission, voltages determined to be appropriate by the
Commission; and
``(7) the proposed modification (including reconductoring)
will maximize, to the extent reasonable and economical, the
transmission capabilities of existing towers, structures, or
rights-of-way.''.
(c) State Siting and Consultation.--Section 216 of the Federal
Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and
inserting the following:
``(d) State Siting and Consultation.--
``(1) Preservation of state siting authority.--The
Commission shall have no authority to issue a permit under
subsection (b) for the construction or modification of an
electric transmission facility within a State except as
provided in paragraph (1) of that subsection.
``(2) Consultation.--In any proceeding before the
Commission under subsection (b), the Commission shall afford
each State in which a transmission facility covered by the
permit is or will be located, each affected Federal agency and
Indian Tribe, private property owners, and other interested
persons, a reasonable opportunity to present their views and
recommendations with respect to the need for and impact of a
facility covered by the permit.
``(3) Landowner input.--In authorizing the construction or
modification of an electric transmission facility under
subsection (b), the Commission shall take into account
landowner input.''.
(d) Rights-of-Way.--Section 216(e)(3) of the Federal Power Act (16
U.S.C. 824p(e)(3)) is amended by striking ``shall conform'' and all
that follows through the period at the end and inserting ``shall be in
accordance with rule 71.1 of the Federal Rules of Civil Procedure.''.
(e) Cost Allocation.--
(1) In general.--Section 216 of the Federal Power Act (16
U.S.C. 824p) is amended by striking subsection (f) and
inserting the following:
``(f) Cost Allocation.--
``(1) Transmission tariffs.--For the purposes of this
section, any transmitting utility that owns, controls, or
operates electric transmission facilities that the Commission
finds to be consistent with the findings under paragraphs (2)
through (6) and, if applicable, (7) of subsection (b) shall
file a tariff or tariff revision with the Commission pursuant
to section 205 and the regulations of the Commission allocating
the costs of the new or modified transmission facilities.
``(2) Transmission benefits.--The Commission shall require
that tariffs or tariff revisions filed under this subsection
are just and reasonable and allocate the costs of providing
service to customers that benefit, in accordance with the cost-
causation principle, including through--
``(A) improved reliability;
``(B) reduced congestion;
``(C) reduced power losses;
``(D) greater carrying capacity;
``(E) reduced operating reserve requirements; and
``(F) improved access to lower cost generation that
achieves reductions in the cost of delivered power.
``(3) Ratepayer protection.--Customers that receive no
benefit, or benefits that are trivial in relation to the costs
sought to be allocated, from electric transmission facilities
constructed or modified under this section shall not be
involuntarily allocated any of the costs of those transmission
facilities, provided, however, that nothing in this section
shall prevent a transmitting utility from recovering such costs
through voluntary agreement with its customers.''.
(2) Savings provision.--If the Federal Energy Regulatory
Commission finds that the considerations under paragraphs (2)
through (6) and, if applicable, (7) of subsection (b) of
section 216 of the Federal Power Act (16 U.S.C. 824p) (as
amended by subsection (b)) are met, nothing in this section or
the amendments made by this section shall be construed to
exclude transmission facilities located on the outer
Continental Shelf from being eligible for cost allocation
established under subsection (f)(1) of that section (as amended
by paragraph (1)).
(f) Coordination of Federal Authorizations for Transmission
Facilities.--Section 216(h) of the Federal Power Act (16 U.S.C.
824p(h)) is amended--
(1) in paragraph (2), by striking the period at the end and
inserting the following: ``, except that--
``(A) the Commission shall act as the lead agency
in the case of facilities permitted under subsection
(b); and
``(B) the Department of the Interior shall act as
the lead agency in the case of facilities 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)).'';
(2) in each of paragraphs (3), (4)(B), (4)(C), (5)(B),
(6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking
``Secretary'' each place it appears and inserting ``lead
agency'';
(3) in paragraph (4)(A), by striking ``As head of the lead
agency, the Secretary'' and inserting ``The lead agency'';
(4) in paragraph (5)(A), by striking ``As lead agency head,
the Secretary'' and inserting ``The lead agency''; and
(5) in paragraph (7)--
(A) in subparagraph (A), by striking ``18 months
after the date of enactment of this section'' and
inserting ``18 months after the date of enactment of
the SPEED and Reliability Act of 2025''; and
(B) in subparagraph (B)(i), by striking ``1 year
after the date of enactment of this section'' and
inserting ``18 months after the date of enactment of
the SPEED and Reliability Act of 2025''.
(g) Interstate Compacts.--Section 216(i) of the Federal Power Act
(16 U.S.C. 824p(i)) is amended--
(1) in paragraph (3), by striking ``, including facilities
in national interest electric transmission corridors''; and
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a period;
(B) by striking subparagraph (B); and
(C) by striking ``in disagreement'' in the matter
preceding subparagraph (A) and all that follows through
``(A) the'' in subparagraph (A) and inserting ``unable
to reach an agreement on an application seeking
approval by the''.
(h) Transmission Infrastructure Investment.--Section 219(b)(4) of
the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) all prudently incurred costs associated with
payments to jurisdictions impacted by electric
transmission facilities developed pursuant to section
216.''.
(i) Jurisdiction.--Section 216 of the Federal Power Act (16 U.S.C.
824p) is amended by striking subsection (k) and inserting the
following:
``(k) Jurisdiction.--
``(1) Ercot.--This section shall not apply within the area
referred to in section 212(k)(2)(A).
``(2) Other utilities.--
``(A) In general.--For the purposes of this
section, the Commission shall have jurisdiction over
all transmitting utilities, including transmitting
utilities described in section 201(f), but excluding
any ERCOT utility (as defined in section 212(k)(2)(B)).
``(B) Clarification.--Being subject to Commission
jurisdiction for the purposes of this section shall not
make an entity described in section 201(f) a public
utility for the purposes of section 201(e).''.
(j) Conforming Amendments.--
(1) 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))''.
(2) Section 1222 of the Energy Policy Act of 2005 (42
U.S.C. 16421) is amended--
(A) in subsection (a)(1)(A), by striking ``is
located in a national interest electric transmission
corridor designated under section 216(a) of the Federal
Power Act and''; and
(B) in subsection (b)(1)(A), by striking ``is
located in an area designated under section 216(a) of
the Federal Power Act and''.
(3) Section 40106(h)(1)(A) of the Infrastructure Investment
and Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by striking
``(A) is located in'' and all that follows through ``(B) is
necessary'' in subparagraph (B) and inserting ``is necessary''.
(k) Minimizing Regulatory Burden.--Except as explicitly provided,
no new rule or rule making (as such terms are defined in section 551 of
title 5, United States Code) shall be required of any agency in order
to implement this section or any amendment made by this section.
(l) Savings Provision.--Nothing in this section or an amendment
made by this section grants authority to the Federal Energy Regulatory
Commission under the Federal Power Act (16 U.S.C. 791a et seq.) over
sales of electric energy at retail or the local distribution of
electricity.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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