[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1766 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1766
To amend the Federal Power Act to establish a procedure for the siting
of certain interstate electric transmission facilities, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2023
Mr. Quigley (for himself, Mr. Peters, and Mr. Casten) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Federal Power Act to establish a procedure for the siting
of certain interstate electric transmission facilities, 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 ``Streamlining Interstate Transmission
of Electricity Act'' or the ``SITE Act''.
SEC. 2. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
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. SITING OF CERTAIN INTERSTATE ELECTRIC TRANSMISSION
FACILITIES.
``(a) 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 referred to in subparagraph (A) is
any land or other property--
``(i) that is or will be crossed by the
energy transmission facility proposed to be
constructed or modified under the applicable
certificate of public convenience and
necessity;
``(ii) that is or will be used as a
facility site with respect to the energy
transmission facility proposed to be
constructed or modified under the applicable
certificate of public convenience and
necessity;
``(iii) that abuts any boundary of an
existing right-of-way or other facility site
that--
``(I) is owned by an electric
utility; and
``(II) is located not more than 500
feet from the energy transmission
facility to be constructed or modified
under the applicable certificate of
public convenience and necessity;
``(iv) that abuts the boundary of a
proposed facility site for the energy
transmission facility to be constructed or
modified under the applicable certificate of
public convenience and necessity;
``(v) that is crossed by, or abuts any
boundary of, an existing or proposed right-of-
way that--
``(I) will be used for the energy
transmission facility to be constructed
or modified under the applicable
certificate of public convenience and
necessity; and
``(II) is located not more than 500
feet from the proposed location of that
energy transmission facility; or
``(vi) on which a residence is located not
more than 500 feet from the boundary of any
right-of-way for that energy 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) Energy transmission facility.--The term `energy
transmission facility' means, as applicable--
``(A) an alternating current transmission facility;
or
``(B) a high-voltage, direct current transmission
facility.
``(4) Facility site.--The term `facility site' includes--
``(A) a right-of-way;
``(B) an access road;
``(C) a contractor yard; 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) Certificate of Public Convenience and Necessity.--
``(1) In general.--On receipt of an application under
subsection (c)(1) relating to an energy transmission facility
described in paragraph (2), the Commission, after making the
finding described in paragraph (3) with respect to that energy
transmission facility, shall issue to any person, by
publication in the Federal Register, a certificate of public
convenience and necessity for the construction, modification,
operation, or abandonment of that energy transmission facility,
subject to such reasonable terms and conditions as the
Commission determines to be appropriate.
``(2) Energy transmission facility described.--An energy
transmission facility referred to in paragraph (1) is an energy
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; and
``(B) is not less than 1,000 megawatts or 1,000
megavolt-amperes in power capacity.
``(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 energy 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 or 1,000 megavolt-amperes;
and
``(C) operation of the energy transmission facility
as proposed in the application--
``(i) will--
``(I) enable the use of renewable
energy;
``(II) reduce congestion; or
``(III) improve the reliability of
the transmission system;
``(ii) will maximize, to the extent
reasonable and economical, the use of--
``(I) existing facility sites; and
``(II) the transmission
capabilities of existing energy
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 rules
specifying--
``(A) a pre-filing process during which a person
described in subsection (c)(1) and the Commission shall
consult with--
``(i) the appropriate State agencies, State
public utility commissions, and State energy
offices in each State the proposed project
traverses;
``(ii) appropriate Federal agencies; and
``(iii) each Indian Tribe that may be
affected by the proposed project;
``(B) the form of, and information to be contained
in, an application submitted under subsection (c)(1);
``(C) requirements for determining whether the
applicable energy transmission facility will be
constructed or modified--
``(i) to traverse not fewer than 2 States;
``(ii) to be used for the transmission of
electric energy in interstate commerce; and
``(iii) to have a power capacity of not
less than 1,000 megawatts or 1,000 megavolt-
amperes;
``(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 (c)(1) and any proposal for the
construction or modification of an energy transmission
facility 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 energy 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 proposed energy transmission facility,
including how any impacts of the proposed energy
transmission facility could be mitigated or offset.
``(5) Public notice, comment, and opportunity for a hearing
on certain draft documents.--
``(A) In general.--The Commission shall provide not
less than 90 days for public comment on any initial
scoping document or draft environmental impact
statement prepared for an energy transmission facility
with respect to which an application for a certificate
of public convenience and necessity has been submitted
under subsection (c)(1).
``(B) Notice and opportunity for hearing.--The
Commission shall--
``(i) publish in the Federal Register a
notice of the filing of each draft scoping
document or draft environmental impact
statement described in clause (i); and
``(ii) provide to the individuals and
entities described in paragraph (6)(B) notice
and reasonable opportunity for the presentation
of any views and recommendations with respect
to the initial scoping document or draft
environmental impact statement.
``(C) Tribal consent.--With respect to an Indian
Tribe that may be affected by a potential project, the
Commission--
``(i) shall provide notice to the
appropriate Tribal officials and an opportunity
of public comment in accordance with
subparagraph (A); and
``(ii) shall not approve a scoping document
or draft environmental impact statement unless
consent has been obtained from the proper
Tribal officials 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).
``(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; and
``(ii) provide to the individuals and
entities described in subparagraph (B) a notice
and reasonable opportunity for the presentation
of any views and recommendations with respect
to the need for, and impact of, the
construction or modification of the energy
transmission facility proposed to be
constructed or modified 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 energy
transmission facility proposed to be
constructed or modified 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 or modification.
``(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 that
certificate.
``(c) 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 (b)(3).
``(d) Notice to Affected Landowners.--
``(1) In general.--The Commission shall provide written
notice of an application submitted under subsection (c)(1) to
all affected landowners 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 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,
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; and
``(ii) a local or toll-free telephone
number and 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; and
``(ii) a local or toll-free telephone
number and 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.
``(e) Regulatory Jurisdiction.--
``(1) In general.--Except as provided in paragraph (2), the
Commission shall have exclusive jurisdiction over, and no State
shall regulate any aspect of, the siting or permitting of an
energy 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').
``(f) Judicial Review.--
``(1) In general.--Any person aggrieved by an order issued
by the Commission 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 energy transmission
facility to be constructed or modified 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.
``(g) Right of Eminent Domain for Energy 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, operate, or maintain an energy
transmission facility in accordance with that certificate if
the holder--
``(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 land or other
property is located; or
``(B) the appropriate State court.
``(3) Notice of decision to issue 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 decision of the Commission to grant the
certificate; and
``(B) the procedures for obtaining judicial review
of that decision under subsection (f), including a
description of the time period for seeking judicial
review under that subsection.
``(h) 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 (g) 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 the holder of, or applicant
for, the certificate of public convenience and
necessity--
``(i) makes an offer of just compensation
under paragraph (2); or
``(ii) commences an action or proceeding to
exercise the right of eminent domain under
subsection (g).
``(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
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, or applicant for, 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 (g)(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 (g) if the amount
claimed by the owner of the property to be condemned
exceeds $3,000.
``(B) State ownership interests.--
``(i) In general.--Except as provided in
clause (ii), a district court of the United
States shall have no jurisdiction to condemn
any interest owned by a State.
``(ii) Exception.--Notwithstanding clause
(i), a district court of the United States
shall have jurisdiction--
``(I) to condemn any existing
utility or transportation easement or
right-of-way that--
``(aa) is on State
property; or
``(bb) is on private
property and is owned by a
State; and
``(II) to condemn any real property
conveyed to a State for the purpose of
obstructing the construction,
modification, or operation of an energy
transmission facility in accordance
with a certificate of public
convenience and necessity issued under
this section.
``(C) 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 (g), 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 (g), an owner of property 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 (g) 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; and
``(ii) expert witness fees and costs.
``(i) Enforcement of Conditions.--
``(1) In general.--An affected landowner the property of
which has been acquired by eminent domain under subsection (g)
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).
``(j) 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 (g) by the holder of a
certificate of public convenience and necessity
that is issued for the construction,
modification, or operation of an energy
transmission facility may demand that the
holder of the certificate surrender that
interest to that individual or entity if--
``(I)(aa) the energy transmission
facility is not in operation (as
modified, in the case of a modification
of an energy 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 energy 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 energy 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 affected landowner
that proves, by a preponderance of the
evidence, that the affected landowner has
granted a right-of-way or any other 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 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.--
``(i) In general.--If an applicant for, or
holder of, a certificate of public convenience
and necessity makes a material
misrepresentation, or if a material
misrepresentation is made on behalf of such an
applicant or holder, to an affected landowner
concerning the energy transmission facility to
be constructed or modified under the
certificate, the applicant or holder shall be
subject to a civil penalty, to be assessed by
the Commission, in an amount not to exceed
$10,000 per affected landowner to which the
misrepresentation was made.
``(ii) Procedure.--The penalty described in
clause (i) shall be assessed by the Commission
after providing notice and an opportunity for a
public hearing.
``(iii) Requirement.--In determining the
amount of a penalty under clause (i), the
Commission shall take into consideration the
nature and seriousness of the violation.''.
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