[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4348 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4348
To amend the Federal Power Act to prohibit the Federal Energy
Regulatory Commission from issuing permits for the construction or
modification of electric transmission facilities in a State over the
objection of the State, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2024
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
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A BILL
To amend the Federal Power Act to prohibit the Federal Energy
Regulatory Commission from issuing permits for the construction or
modification of electric transmission facilities in a State over the
objection of the State, 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 ``Protecting Our Farmers from the
Green New Deal Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to protect farmers and landowners from
national efforts to site electric transmission facilities over the
objection of State regulators.
SEC. 3. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
(a) In General.--Section 216(b) of the Federal Power Act (16 U.S.C.
824p(b)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(A) a State in which the transmission facilities
are to be constructed or modified does not have
authority to approve the siting of the facilities;'';
(2) by redesignating paragraphs (2) through (6) as
subparagraphs (B) through (F), respectively, and indenting
appropriately;
(3) in the matter preceding subparagraph (A) (as so
designated), by striking ``Except'' and inserting the
following:
``(1) In general.--Except'';
(4) in paragraph (1) (as so designated)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) the proposed construction or modification
minimizes any adverse effects on landowners and
agriculture, adequately compensates landowners and
agricultural producers for any harms, and provides
benefits to consumers in the State that exceed the
harms to landowners and agricultural producers.''; and
(5) by adding at the end the following:
``(2) Prohibition.--Under no circumstances may the
Commission review an application or issue a permit for the
construction or modification of transmission facilities if a
State entity with authority to approve the siting of the
facilities--
``(A) has previously denied an identical or
substantially similar application; or
``(B) is currently reviewing an identical or
substantially similar application.''.
(b) Conforming Amendment.--Section 216(i)(4) of the Federal Power
Act (16 U.S.C. 824p(i)(4)) is amended by striking ``, unless'' in the
matter preceding subparagraph (A) and all that follows through the
period at the end of subparagraph (B) and inserting a period.
SEC. 4. REPORT.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Committees of jurisdiction.--The term ``committees of
jurisdiction'' means--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(b) Report Required.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Commission shall
submit to the committees of jurisdiction and make publicly available a
report describing all actions taken by the Commission pursuant to
section 216(b) of the Federal Power Act (16 U.S.C. 824p(b)) during the
period covered by the report.
(c) Contents.--The report required under subsection (b) shall
include a description of--
(1) any adverse effects on private landowners, farmers, and
agricultural producers;
(2) how those effects were taken into account; and
(3) the steps taken by the Commission--
(A) to minimize those effects;
(B) to compensate any affected individuals; and
(C) to ensure that affected individuals benefit
from the applicable project.
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