[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5600 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5600

  To amend the Federal Power Act to streamline the siting of certain 
           transmission facilities in the national interest.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2025

 Mr. Peters (for himself and Mr. Barr) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Power Act to streamline the siting of certain 
           transmission facilities in the national interest.

    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 Powerlines Essential to 
Electric Demand and Reliability Act of 2025'' or the ``SPEED and 
Reliability Act of 2025''.

SEC. 2. TRANSMISSION PERMITTING.

    (a) Definitions.--Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended by striking subsection (a) and inserting the 
following:
    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the Federal 
        Energy Regulatory Commission.
            ``(2) ERO.--The term `ERO' has the meaning given such term 
        in section 215(a).
            ``(3) Improved reliability.--The term `improved 
        reliability' means that, on balance, considering each of the 
        matters described in subparagraphs (A) through (D), reliability 
        is improved in a material manner that benefits customers 
        through at least one of the following:
                    ``(A) Facilitating compliance with a mandatory 
                standard for reliability approved by the Commission 
                under section 215.
                    ``(B) A reduction in expected unserved energy, loss 
                of load hours, or loss of load probability (as defined 
                by the ERO).
                    ``(C) Facilitating compliance with a tariff 
                requirement or process for resource adequacy on file 
                with the Commission.
                    ``(D) Any other similar material improvement, 
                including a reduction in correlated outage risk, such 
                as achieved through increased geographic or resource 
                diversification.
            ``(4) Landowner input.--The term `landowner input' means 
        input received--
                    ``(A) by the Commission;
                    ``(B) from affected landowners, such as farmers and 
                ranchers, in the path of the proposed construction or 
                modification of an electric transmission facility; and
                    ``(C) pursuant to notification provided to, and 
                consultation with, those affected landowners, farmers, 
                and ranchers by the Commission.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Energy.''.
    (b) Construction Permit.--Section 216(b) of the Federal Power Act 
(16 U.S.C. 824p(b)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Except'' and all that follows through ``finds that'' and 
        inserting ``Except as provided in subsections (d)(1) and (i), 
        the Commission shall, after notice and an opportunity for 
        hearing, including a public comment period of at least 60 days, 
        issue one or more permits for the construction or modification 
        of electric transmission facilities necessary in the national 
        interest if the Commission finds that'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A)(i), by inserting ``or 
                modification'' after ``siting''; and
                    (B) in subparagraph (C)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``or modification'' after ``siting''; 
                        and
                            (ii) in clause (i), by striking ``the later 
                        of'' in the matter preceding subclause (I) and 
                        all that follows through the semicolon at the 
                        end of subclause (II) and inserting ``the date 
                        on which the application was filed with the 
                        State commission or other entity;''; and
            (3) by striking paragraphs (2) through (6) and inserting 
        the following:
            ``(2) the proposed facilities will be used for the 
        transmission of electric energy in interstate (including 
        transmission from the outer Continental Shelf to a State) or 
        foreign commerce;
            ``(3) the proposed construction or modification is 
        consistent with the public interest;
            ``(4) the proposed construction or modification will 
        significantly reduce transmission congestion in interstate 
        commerce, protect or benefit consumers, and provide improved 
        reliability;
            ``(5) the proposed construction or modification is 
        consistent with sound national energy policy and will enhance 
        energy independence;
            ``(6) the electric transmission facilities are capable of 
        transmitting electric energy at a voltage of not less than 100 
        kilovolts or, in the case of facilities that include advanced 
        transmission conductors (including superconductors), as defined 
        by the Commission, voltages determined to be appropriate by the 
        Commission; and
            ``(7) the proposed modification (including reconductoring) 
        will maximize, to the extent reasonable and economical, the 
        transmission capabilities of existing towers, structures, or 
        rights-of-way.''.
    (c) State Siting and Consultation.--Section 216 of the Federal 
Power Act (16 U.S.C. 824p) is amended by striking subsection (d) and 
inserting the following:
    ``(d) State Siting and Consultation.--
            ``(1) Preservation of state siting authority.--The 
        Commission shall have no authority to issue a permit under 
        subsection (b) for the construction or modification of an 
        electric transmission facility within a State except as 
        provided in paragraph (1) of that subsection.
            ``(2) Consultation.--In any proceeding before the 
        Commission under subsection (b), the Commission shall afford 
        each State in which a transmission facility covered by the 
        permit is or will be located, each affected Federal agency and 
        Indian Tribe, private property owners, and other interested 
        persons, a reasonable opportunity to present their views and 
        recommendations with respect to the need for and impact of a 
        facility covered by the permit.
            ``(3) Landowner input.--In authorizing the construction or 
        modification of an electric transmission facility under 
        subsection (b), the Commission shall take into account 
        landowner input.''.
    (d) Rights-of-Way.--Section 216(e)(3) of the Federal Power Act (16 
U.S.C. 824p(e)(3)) is amended by striking ``shall conform'' and all 
that follows through the period at the end and inserting ``shall be in 
accordance with rule 71.1 of the Federal Rules of Civil Procedure.''.
    (e) Cost Allocation.--
            (1) In general.--Section 216 of the Federal Power Act (16 
        U.S.C. 824p) is amended by striking subsection (f) and 
        inserting the following:
    ``(f) Cost Allocation.--
            ``(1) Transmission tariffs.--For the purposes of this 
        section, any transmitting utility that owns, controls, or 
        operates electric transmission facilities that the Commission 
        finds to be consistent with the findings under paragraphs (2) 
        through (6) and, if applicable, (7) of subsection (b) shall 
        file a tariff or tariff revision with the Commission pursuant 
        to section 205 and the regulations of the Commission allocating 
        the costs of the new or modified transmission facilities.
            ``(2) Transmission benefits.--The Commission shall require 
        that tariffs or tariff revisions filed under this subsection 
        are just and reasonable and allocate the costs of providing 
        service to customers that benefit, in accordance with the cost-
        causation principle, including through--
                    ``(A) improved reliability;
                    ``(B) reduced congestion;
                    ``(C) reduced power losses;
                    ``(D) greater carrying capacity;
                    ``(E) reduced operating reserve requirements; and
                    ``(F) improved access to lower cost generation that 
                achieves reductions in the cost of delivered power.
            ``(3) Ratepayer protection.--Customers that receive no 
        benefit, or benefits that are trivial in relation to the costs 
        sought to be allocated, from electric transmission facilities 
        constructed or modified under this section shall not be 
        involuntarily allocated any of the costs of those transmission 
        facilities, provided, however, that nothing in this section 
        shall prevent a transmitting utility from recovering such costs 
        through voluntary agreement with its customers.''.
            (2) Savings provision.--If the Federal Energy Regulatory 
        Commission finds that the considerations under paragraphs (2) 
        through (6) and, if applicable, (7) of subsection (b) of 
        section 216 of the Federal Power Act (16 U.S.C. 824p) (as 
        amended by subsection (b)) are met, nothing in this section or 
        the amendments made by this section shall be construed to 
        exclude transmission facilities located on the outer 
        Continental Shelf from being eligible for cost allocation 
        established under subsection (f)(1) of that section (as amended 
        by paragraph (1)).
    (f) Coordination of Federal Authorizations for Transmission 
Facilities.--Section 216(h) of the Federal Power Act (16 U.S.C. 
824p(h)) is amended--
            (1) in paragraph (2), by striking the period at the end and 
        inserting the following: ``, except that--
                    ``(A) the Commission shall act as the lead agency 
                in the case of facilities permitted under subsection 
                (b); and
                    ``(B) the Department of the Interior shall act as 
                the lead agency in the case of facilities located on a 
                lease, easement, or right-of-way granted by the 
                Secretary of the Interior under section 8(p)(1)(C) of 
                the Outer Continental Shelf Lands Act (43 U.S.C. 
                1337(p)(1)(C)).'';
            (2) in each of paragraphs (3), (4)(B), (4)(C), (5)(B), 
        (6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking 
        ``Secretary'' each place it appears and inserting ``lead 
        agency'';
            (3) in paragraph (4)(A), by striking ``As head of the lead 
        agency, the Secretary'' and inserting ``The lead agency'';
            (4) in paragraph (5)(A), by striking ``As lead agency head, 
        the Secretary'' and inserting ``The lead agency''; and
            (5) in paragraph (7)--
                    (A) in subparagraph (A), by striking ``18 months 
                after the date of enactment of this section'' and 
                inserting ``18 months after the date of enactment of 
                the SPEED and Reliability Act of 2025''; and
                    (B) in subparagraph (B)(i), by striking ``1 year 
                after the date of enactment of this section'' and 
                inserting ``18 months after the date of enactment of 
                the SPEED and Reliability Act of 2025''.
    (g) Interstate Compacts.--Section 216(i) of the Federal Power Act 
(16 U.S.C. 824p(i)) is amended--
            (1) in paragraph (3), by striking ``, including facilities 
        in national interest electric transmission corridors''; and
            (2) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a period;
                    (B) by striking subparagraph (B); and
                    (C) by striking ``in disagreement'' in the matter 
                preceding subparagraph (A) and all that follows through 
                ``(A) the'' in subparagraph (A) and inserting ``unable 
                to reach an agreement on an application seeking 
                approval by the''.
    (h) Transmission Infrastructure Investment.--Section 219(b)(4) of 
the Federal Power Act (16 U.S.C. 824s(b)(4)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) all prudently incurred costs associated with 
                payments to jurisdictions impacted by electric 
                transmission facilities developed pursuant to section 
                216.''.
    (i) Jurisdiction.--Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended by striking subsection (k) and inserting the 
following:
    ``(k) Jurisdiction.--
            ``(1) Ercot.--This section shall not apply within the area 
        referred to in section 212(k)(2)(A).
            ``(2) Other utilities.--
                    ``(A) In general.--For the purposes of this 
                section, the Commission shall have jurisdiction over 
                all transmitting utilities, including transmitting 
                utilities described in section 201(f), but excluding 
                any ERCOT utility (as defined in section 212(k)(2)(B)).
                    ``(B) Clarification.--Being subject to Commission 
                jurisdiction for the purposes of this section shall not 
                make an entity described in section 201(f) a public 
                utility for the purposes of section 201(e).''.
    (j) Conforming Amendments.--
            (1) Section 50151(b) of Public Law 117-169 (42 U.S.C. 
        18715(b)) is amended by striking ``designated by the Secretary 
        to be necessary in the national interest under section 216(a) 
        of the Federal Power Act (16 U.S.C. 824p(a))''.
            (2) Section 1222 of the Energy Policy Act of 2005 (42 
        U.S.C. 16421) is amended--
                    (A) in subsection (a)(1)(A), by striking ``is 
                located in a national interest electric transmission 
                corridor designated under section 216(a) of the Federal 
                Power Act and''; and
                    (B) in subsection (b)(1)(A), by striking ``is 
                located in an area designated under section 216(a) of 
                the Federal Power Act and''.
            (3) Section 40106(h)(1)(A) of the Infrastructure Investment 
        and Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by striking 
        ``(A) is located in'' and all that follows through ``(B) is 
        necessary'' in subparagraph (B) and inserting ``is necessary''.
    (k) Minimizing Regulatory Burden.--Except as explicitly provided, 
no new rule or rule making (as such terms are defined in section 551 of 
title 5, United States Code) shall be required of any agency in order 
to implement this section or any amendment made by this section.
    (l) Savings Provision.--Nothing in this section or an amendment 
made by this section grants authority to the Federal Energy Regulatory 
Commission under the Federal Power Act (16 U.S.C. 791a et seq.) over 
sales of electric energy at retail or the local distribution of 
electricity.
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