[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3855 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3855
To interconnect the Electric Reliability Council of Texas to its
neighbors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 29, 2024
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To interconnect the Electric Reliability Council of Texas to its
neighbors, 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 ``Connect the Grid Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Abandoned mine land.--The term ``abandoned mine land''
means land, water, or a watershed that is contaminated or
scarred by extraction, beneficiation, or processing of ores or
minerals (which may include phosphate, but does not include
coal).
(2) Brownfield site.--The term ``brownfield site'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(3) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(4) 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)).
(5) 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
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(6) ERCOT.--The term ``ERCOT'' means the Electric
Reliability Council of Texas.
(7) Grid-enhancing technology.--The term ``grid-enhancing
technology'' means a solution that increases the transfer
capability of high-voltage transmission facilities.
(8) MISO.--The term ``MISO'' means the Midcontinent
Independent System Operator transmission organization.
(9) National priorities list.--The term ``National
Priorities List'' means the National Priorities List developed
by the President in accordance with section 105(a)(8)(B) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
(10) 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.), that meets the standards of
subpart A of part 29, and part 30, of title 29, Code of Federal
Regulations (or successor regulations).
(11) Reliability standard.--The term ``reliability
standard'' has the meaning given the term in section 215(a) of
the Federal Power Act (16 U.S.C. 824o(a)).
(12) SPP.--The term ``SPP'' means the Southwest Power Pool
transmission organization.
(13) Total transfer capability.--The term ``total transfer
capability'' has the meaning given the term in section
37.6(b)(1)(vi) of title 18, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(14) Transmission facility.--The term ``transmission
facility'' means a facility that is used for the transmission
of electric energy in interstate commerce, including a
transmission line.
(15) Transmission organization.--The term ``transmission
organization'' has the meaning given the term in section 215(a)
of the Federal Power Act (16 U.S.C. 824o(a)).
(16) 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 or Native Hawaiian community
or organization; or
(D) any other community of Indigenous people
located in a State.
(17) Tribal government.--The term ``Tribal government''
means the governing body of an Indian Tribe.
(18) Western interconnection.--The term ``Western
Interconnection'' means the synchronously operated electric
transmission grid located in the western part of North America,
including parts of Montana, Nebraska, New Mexico, South Dakota,
Texas, Wyoming, and Mexico, and all of Arizona, California,
Colorado, Idaho, Nevada, Oregon, Utah, Washington, and the
Canadian Provinces of British Columbia and Alberta.
SEC. 3. JURISDICTION WITH RESPECT TO ERCOT.
(a) Application of Part II of the Federal Power Act.--Section
201(b)(2) of the Federal Power Act (16 U.S.C. 824(b)(2)) is amended--
(1) in the first sentence, by striking ``section 201(f)''
and inserting ``subsection (f)''; and
(2) in the second sentence--
(A) by striking ``210, 211, 211A, 212,''; and
(B) by striking ``an electric utility or other
entity'' and inserting ``any entity that is otherwise
exempt under subsection (f)''.
(b) Definition of Public Utility.--Section 201(e) of the Federal
Power Act (16 U.S.C. 824(e)) is amended by striking ``210, 211, 211A,
212,''.
(c) Repeal of ERCOT Exemptions.--
(1) Section 212 of the Federal Power Act (16 U.S.C. 824k)
is amended by striking subsection (k).
(2) Section 216 of the Federal Power Act (16 U.S.C. 824p)
is amended by striking subsection (k).
(3) Section 217 of the Federal Power Act (16 U.S.C. 824q)
is amended--
(A) by striking subsection (h); and
(B) by redesignating subsections (i) through (k) as
subsections (h) through (j), respectively.
(4) Section 220 of the Federal Power Act (16 U.S.C. 824t)
is amended by striking subsection (f).
(d) Technical Conference.--Not later than 180 days after the date
of enactment of this Act, the Commission shall convene a technical
conference to assist entities affected by the amendments made by this
section with compliance with any requirements made applicable to those
entities pursuant to those amendments, including by publishing the
steps necessary for such compliance.
SEC. 4. ELECTRIC RELIABILITY.
(a) Amendments.--Section 215 of the Federal Power Act (16 U.S.C.
824o) is amended--
(1) in subsection (a)(3), in the second sentence, by
striking ``enlarge such facilities or to construct new
transmission capacity or generation capacity'' and inserting
``construct new generation capacity''; and
(2) in subsection (i)(2), by striking ``or transmission''.
(b) Reliability Standard for Total Transfer Capability.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Commission shall order the Electric
Reliability Organization to submit to the Commission a proposed
reliability standard that requires minimum total transfer
capability of--
(A) between 4.3 and 12.6 gigawatts between the area
under functional control of ERCOT and the area under
functional control of SPP;
(B) between 2.5 and 16.2 gigawatts between the area
under functional control of ERCOT and the area under
functional control of MISO; and
(C) between 2.6 and 7.9 gigawatts between the area
under functional control of ERCOT and the Western
Interconnection.
(2) Contents.--The Commission may only approve a proposed
reliability standard described in paragraph (1) if that
reliability standard--
(A) requires minimum total transfer capability as
described in paragraph (1); and
(B) requires each of ERCOT and SPP, ERCOT and MISO,
and ERCOT and 1 or more neighboring balancing
authorities in the Western Interconnection (as
determined by the Electric Reliability Organization) to
jointly submit, not later than 1 year after the date of
enactment of this Act, a plan that--
(i) designates 1 or more entities to site
and construct new transmission facilities, or
modify existing transmission facilities, to
achieve the applicable minimum total transfer
capability; and
(ii) includes a timeline for that siting
and construction or modification, which
timeline shall include that such siting and
construction or modification be completed by
January 1, 2035.
(3) Priority.--Any plan for the siting and construction or
modification of transmission facilities described in paragraph
(2)(B) shall prioritize--
(A) the use of grid-enhancing technologies;
(B) the use of existing rights-of-ways, such as
highways and railroads, to site and construct new
transmission facilities;
(C) the siting and construction of new transmission
facilities on degraded land, including sites on the
National Priorities List, brownfield sites, landfills,
abandoned mine land, and contaminated or abandoned
agricultural land;
(D) the siting and construction of new transmission
facilities in a manner that expands access to renewable
energy sources, including wind, solar, and geothermal
sources;
(E) providing meaningful community involvement
opportunities, including by conducting outreach to--
(i) environmental justice communities,
including by conducting planning meetings, set
at times and places to maximize the number of
community members who can conveniently attend,
with appropriate services, including
translation and interpreting services and
virtual attendance, in those environmental
justice communities;
(ii) Tribal and Indigenous communities;
(iii) Tribal governments; and
(iv) relevant labor organizations; and
(F) the use of registered apprenticeship programs
and prevailing wages, as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
(4) Environmental review.--Any project to site, construct,
or modify transmission facilities that is conducted to comply
with the reliability standard described in paragraph (1) shall
be subject to the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(5) Savings provision.--Nothing in this subsection
overrides or inhibits the authority of the Commission to
require minimum interregional transfer between regions in a
pair or grouping of regions other than a pair or grouping of
regions described in subparagraph (A), (B), or (C) of paragraph
(1).
(c) Consideration for National Interest Electric Transmission
Corridors.--In carrying out section 216 of the Federal Power Act (16
U.S.C. 824p), the Secretary of Energy shall consider designating as a
national interest electric transmission corridor any area in which
transmission facilities will be sited and constructed or modified
pursuant to this section.
SEC. 5. INCREASED BORROWING AUTHORITY UNDER THE TRANSMISSION
FACILITATION PROGRAM.
Section 40106(d)(2) of the Infrastructure Investment and Jobs Act
(42 U.S.C. 18713(d)(2)) is amended by striking ``$2,500,000,000'' and
inserting ``$13,500,000,000''.
SEC. 6. STUDY AND REPORT ON BENEFITS OF INTERCONNECTION WITH MEXICO.
(a) Definition of Covered Facility.--In this section, the term
``covered facility'' means a facility for the generation, transmission,
or sale of electric energy.
(b) Study and Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall conduct a study
and submit to Congress a report on--
(1) the reliability, climate, and cost benefits of the
interconnection of covered facilities in the United States with
covered facilities in Mexico; and
(2) the siting and construction, or modification, of
covered facilities that will bring the most cumulative
benefits.
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