[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1228 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 1228
To require approval for the construction, connection, operation, or
maintenance of oil or natural gas pipelines or electric transmission
facilities at the national boundary of the United States for the import
or export of oil, natural gas, or electricity to or from Canada or
Mexico, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2015
Mr. Hoeven (for himself and Mr. Donnelly) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require approval for the construction, connection, operation, or
maintenance of oil or natural gas pipelines or electric transmission
facilities at the national boundary of the United States for the import
or export of oil, natural gas, or electricity to or from Canada or
Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Energy Infrastructure
Act''.
SEC. 2. FINDING.
Congress finds that the United States should establish a more
uniform, transparent, and modern process for the construction,
connection, operation, and maintenance of oil and natural gas pipelines
and electric transmission facilities for the import and export of oil
and natural gas and the transmission of electricity to and from Canada
and Mexico, in pursuit of a more secure and efficient North American
energy market.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cross-border segment.--The term ``cross-border
segment'' means the portion of an oil or natural gas pipeline
or electric transmission facility that is located at the
national boundary of the United States with Canada or Mexico.
(2) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given the term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(3) Independent system operator.--The term ``Independent
System Operator'' has the meaning given the term in section 3
of the Federal Power Act (16 U.S.C. 796).
(4) Modification.--The term ``modification'' includes--
(A) a change in ownership;
(B) a volume expansion;
(C) a downstream or upstream interconnection; or
(D) an adjustment to maintain flow (such as a
reduction or increase in the number of pump or
compressor stations).
(5) Natural gas.--The term ``natural gas'' has the meaning
given the term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(6) Oil.--The term ``oil'' means petroleum or a petroleum
product.
(7) Regional entity.--The term ``regional entity'' has the
meaning given the term in section 215(a) of the Federal Power
Act (16 U.S.C. 824o(a)).
(8) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
SEC. 4. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE
NATIONAL BOUNDARY OF THE UNITED STATES.
(a) Authorization.--Except as provided in subsection (c) and
section 8, no person may construct, connect, operate, or maintain a
cross-border segment of an oil pipeline or electric transmission
facility for the import or export of oil or the transmission of
electricity to or from Canada or Mexico without obtaining a certificate
of crossing for the construction, connection, operation, or maintenance
of the cross-border segment under this section.
(b) Certificate of Crossing.--
(1) Requirement.--Not later than 120 days after final
action is taken under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border
segment for which a request is received under this section, the
relevant official identified under paragraph (2), in
consultation with appropriate Federal agencies, shall issue a
certificate of crossing for the cross-border segment unless the
relevant official finds that the construction, connection,
operation, or maintenance of the cross-border segment is not in
the public interest of the United States.
(2) Relevant official.--The relevant official referred to
in paragraph (1) is--
(A) the Secretary of State with respect to oil
pipelines; and
(B) the Secretary of Energy with respect to
electric transmission facilities.
(3) Additional requirement for electric transmission
facilities.--In the case of a request for a certificate of
crossing for the construction, connection, operation, or
maintenance of a cross-border segment of an electric
transmission facility, the Secretary of Energy shall require,
as a condition of issuing the certificate of crossing for the
request under paragraph (1), that the cross-border segment of
the electric transmission facility be constructed, connected,
operated, or maintained consistent with all applicable policies
and standards of--
(A) the Electric Reliability Organization and the
applicable regional entity; and
(B) any Regional Transmission Organization or
Independent System Operator with operational or
functional control over the cross-border segment of the
electric transmission facility.
(c) Exclusions.--This section shall not apply to any construction,
connection, operation, or maintenance of a cross-border segment of an
oil pipeline or electric transmission facility for the import or export
of oil or the transmission of electricity to or from Canada or Mexico--
(1) if the cross-border segment is operating for the
import, export, or transmission as of the date of enactment of
this Act;
(2) if a permit described in section 7 for the
construction, connection, operation, or maintenance has been
issued;
(3) if a certificate of crossing for the construction,
connection, operation, or maintenance has previously been
issued under this section; or
(4) if an application for a permit described in section 7
for the construction, connection, operation, or maintenance is
pending on the date of enactment of this Act, until the earlier
of--
(A) the date on which the application is denied; or
(B) July 1, 2016.
(d) Effect of Other Laws.--
(1) Application to projects.--Nothing in this section or
section 8 affects the application of any other Federal law to a
project for which a certificate of crossing for the
construction, connection, operation, or maintenance of a cross-
border segment is sought under this section.
(2) Energy policy and conservation act.--Nothing in this
section or section 8 shall affect the authority of the
President under section 103(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6212(a)).
SEC. 5. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND MEXICO.
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended--
(1) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes''; and
(2) by adding at the end the following:
``(2) Deadline for approval of applications relating to
canada and mexico.--In the case of an application for the
importation or exportation of natural gas to or from Canada or
Mexico, the Commission shall approve the application not later
than 30 days after the date of receipt of the application.''.
SEC. 6. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO.
(a) Repeal of Requirement To Secure Order.--Section 202 of the
Federal Power Act (16 U.S.C. 824a) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(b) Conforming Amendments.--
(1) State regulations.--Subsection (e) of section 202 of
the Federal Power Act (16 U.S.C. 824a) (as redesignated by
subsection (a)(2)) is amended in the second sentence by
striking ``insofar as such State regulation does not conflict
with the exercise of the Commission's powers under or relating
to subsection 202(e)''.
(2) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that follows
through the period at the end of the second sentence and
inserting ``the Secretary has conducted hearings and finds that
the proposed transmission facilities would not impair the
sufficiency of electric supply within the United States or
would not impede or tend to impede the coordination in the
public interest of facilities subject to the jurisdiction of
the Secretary.''.
SEC. 7. NO PRESIDENTIAL PERMIT REQUIRED.
(a) In General.--No Presidential permit (or similar permit)
required under an applicable provision described in subsection (b)
shall be necessary for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any cross-border segment of the pipeline or facility.
(b) Applicable Provisions.--Subsection (a) applies to--
(1) section 301 of title 3, United States Code;
(2) Executive Order 11423 (3 U.S.C. 301 note);
(3) Executive Order 13337 (3 U.S.C. 301 note);
(4) Executive Order 10485 (15 U.S.C. 717b note);
(5) Executive Order 12038 (42 U.S.C. 7151 note); and
(6) any other Executive order.
SEC. 8. MODIFICATIONS TO EXISTING PROJECTS.
No certificate of crossing under section 4, or permit described in
section 7, shall be required for a modification to the construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility--
(1) that is operating for the import or export of oil or
natural gas or the transmission of electricity to or from
Canada or Mexico as of the date of enactment of the Act;
(2) for which a permit described in section 7 for the
construction, connection, operation, or maintenance has been
issued; or
(3) for which a certificate of crossing for the cross-
border segment of the pipeline or facility has previously been
issued under section 4.
SEC. 9. EFFECTIVE DATE; RULEMAKING DEADLINES.
(a) Effective Date.--Sections 4 through 8, and the amendments made
by those sections, take effect on July 1, 2016.
(b) Rulemaking Deadlines.--Each relevant official described in
section 4(b)(2) shall--
(1) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a proposed
rulemaking to carry out the applicable requirements of section
4; and
(2) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to carry
out the applicable requirements of section 4.
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