[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 23 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 23
To establish a more uniform, transparent, and modern process to
authorize the construction, connection, operation, and maintenance of
international border-crossing facilities for the import and export of
oil and natural gas and the transmission of electricity.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 23 (legislative day, January 3), 2023
Mr. Mullin introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish a more uniform, transparent, and modern process to
authorize the construction, connection, operation, and maintenance of
international border-crossing facilities for the import and export of
oil and natural gas and the transmission of electricity.
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 ``Promoting Cross-border Energy
Infrastructure Act''.
SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECURITY.
(a) Definitions.--In this section:
(1) Border-crossing facility.--The term ``border-crossing
facility'' means the portion of an oil or natural gas pipeline
or electric transmission facility that is located at an
international boundary of the United States.
(2) Electric reliability organization; regional entity.--
The terms ``Electric Reliability Organization'' and ``regional
entity'' have the meanings given those terms in section 215(a)
of the Federal Power Act (16 U.S.C. 824o(a)).
(3) Independent system operator; regional transmission
organization.--The terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings given
those terms in section 3 of the Federal Power Act (16 U.S.C.
796).
(4) Modification.--The term ``modification'' includes a
reversal of flow direction, change in ownership, change in flow
volume, addition or removal of an interconnection, or 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 that 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.
(b) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
(1) In general.--Except as provided in paragraph (3) and
subsection (e), no person may construct, connect, operate, or
maintain a border-crossing facility for the import or export of
oil or natural gas, or the transmission of electricity, across
an international border of the United States without obtaining
a certificate of crossing for the border-crossing facility
under this subsection.
(2) Certificate of crossing.--
(A) Requirement.--Not later than 120 days after the
date on which final action is taken by the relevant
official or agency described in subparagraph (B) under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to a border-crossing
facility for which a person requests a certificate of
crossing under this subsection, the relevant official
or agency, in consultation with appropriate Federal
agencies, shall issue a certificate of crossing for the
border-crossing facility unless the relevant official
or agency finds that the construction, connection,
operation, or maintenance of the border-crossing
facility is not in the public interest of the United
States.
(B) Relevant official or agency described.--The
relevant official or agency referred to in subparagraph
(A) is--
(i) the Federal Energy Regulatory
Commission with respect to border-crossing
facilities consisting of oil or natural gas
pipelines; and
(ii) the Secretary of Energy, with respect
to border-crossing facilities consisting of
electric transmission facilities.
(C) Additional requirement for electric
transmission facilities.--In the case of a request for
a certificate of crossing for a border-crossing
facility consisting of an electric transmission
facility, the Secretary of Energy shall require, as a
condition of issuing the certificate of crossing under
subparagraph (A), that the border-crossing facility be
constructed, connected, operated, or maintained
consistent with all applicable policies and standards
of--
(i) the Electric Reliability Organization
and the applicable regional entity; and
(ii) any Regional Transmission Organization
or Independent System Operator with operational
or functional control over the border-crossing
facility.
(3) Exclusions.--
(A) In general.--This subsection shall not apply to
any construction, connection, operation, or maintenance
of a border-crossing facility for the import or export
of oil or natural gas, or the transmission of
electricity if--
(i) the border-crossing facility is
operating for such import, export, or
transmission as of the date of enactment of
this Act;
(ii) a permit described in subsection (e)
for the construction, connection, operation, or
maintenance has been issued; or
(iii) subject to subparagraph (B), an
application for a permit described in
subsection (e) for the construction,
connection, operation, or maintenance is
pending on the date of enactment of this Act.
(B) Pending applications.--With respect to an
application described in clause (iii) of subparagraph
(A), the exclusion described in that subparagraph shall
apply until the earlier of--
(i) the date on which the application is
denied; or
(ii) that date that is 2 years after the
date of enactment of this Act, if the permit
described in that clause has not been issued by
that date.
(4) Effect of other laws.--
(A) Application to projects.--Nothing in this
subsection or subsection (f) shall affect the
application of any other Federal statute to a project
for which a certificate of crossing for a border-
crossing facility is requested under this subsection.
(B) Natural gas act.--Nothing in this subsection or
subsection (f) shall affect the requirement to obtain
approval or authorization under sections 3 and 7 of the
Natural Gas Act (15 U.S.C. 717b, 717f) for the siting,
construction, or operation of any facility to import or
export natural gas.
(C) Oil pipelines.--Nothing in this subsection or
subsection (f) shall affect the authority of the
Federal Energy Regulatory Commission with respect to
oil pipelines under section 60502 of title 49, United
States Code.
(c) 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 by adding at the end the following: ``In the case of an
application for the importation of natural gas from, or the exportation
of natural gas to, Canada or Mexico, the Commission shall grant the
application not later than 30 days after the date on which the
Commission receives the complete application.''.
(d) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the
Federal Power Act (16 U.S.C. 824a(f)) is amended by
striking ``insofar as such State regulation does not
conflict with the exercise of the Commission's powers
under or relating to subsection (e)''.
(B) 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'' in the first sentence 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.''.
(e) No Presidential Permit Required.--No Presidential permit (or
similar permit) required under Executive Order No. 10485 (42 U.S.C.
717b note; relating to providing for the performance of certain
functions heretofore performed by the President with respect to
electric power and natural gas facilities located on the borders of the
United States), any other Executive order, or section 301 of title 3,
United States Code, shall be necessary for the construction,
connection, operation, or maintenance of an oil or natural gas pipeline
or electric transmission facility, or any border-crossing facility
thereof.
(f) Modifications to Existing Projects.--No certificate of crossing
under subsection (b), or permit described in subsection (e), shall be
required for a modification to--
(1) an oil or natural gas pipeline or electric transmission
facility that is operating for the import or export of oil or
natural gas or the transmission of electricity as of the date
of enactment of this Act;
(2) an oil or natural gas pipeline or electric transmission
facility for which a permit described in subsection (e) has
been issued; or
(3) a border-crossing facility for which a certificate of
crossing has previously been issued under subsection (b).
(g) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (b) through (f), and the
amendments made by those subsections, shall take effect on the
date that is 1 year after the date of enactment of this Act.
(2) Rulemaking deadlines.--Each relevant official or agency
described in subsection (b)(2)(B) shall--
(A) not later than 180 days after the date of
enactment of this Act, publish in the Federal Register
a notice of proposed rulemaking to carry out the
applicable requirements of subsection (b); and
(B) 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 subsection (b).
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