Title II — Improving North American energy infrastructure

S. 2170 · 113th Congress · Mar 27, 2014 · Lineage

II Improving North American energy infrastructure

A North American energy infrastructure

Sec. 2001 Finding

Congress finds that the United States should establish a more efficient, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil, natural gas, and electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market.

Sec. 2002 Definitions

In this title:

(1)

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)).

(2)

Independent System Operator— The term Independent System Operator has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796).

(3)

Natural gas— The term natural gas has the meaning given the term in section 2 of the Natural Gas Act (15 U.S.C. 717a).

(4)

Oil— The term oil means petroleum or a petroleum product.

(5)

Regional entity— The term regional entity has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).

(6)

Regional Transmission Organization— The term Regional Transmission Organization has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796).

Sec. 2003 Authorization of certain energy infrastructure projects at the national boundary of the United States

(a)

Authorization— Except as provided in subsections (d) and (e), no person may construct, connect, operate, or maintain an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining approval of the construction, connection, operation, or maintenance under this section.

(b)

Approval—

(1)

Requirement— Not later than 120 days after receiving a request for approval of construction, connection, operation, or maintenance under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall approve the request unless the relevant official finds that the construction, connection, operation, or maintenance harms the national security interests of the United States.

(2)

Relevant official— The relevant official referred to in paragraph (1) is—

(A)

the Secretary of Commerce with respect to oil pipelines;

(B)

the Federal Energy Regulatory Commission with respect to natural gas pipelines; and

(C)

the Secretary of Energy with respect to electric transmission facilities.

(3)

Approval not major Federal action— An approval of construction, connection, operation, or maintenance under paragraph (1) shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(4)

Additional requirement for electric transmission facilities— In the case of a request for approval of the construction, connection, operation, or maintenance of an electric transmission facility, the Secretary of Energy shall require, as a condition of approval of the request under paragraph (1), that the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of—

(A)

the Electric Reliability Organization and the applicable regional entity; and

(B)

any Regional Transmission Organization or Independent System Operator with operational or functional control over the electric transmission facility.

(c)

No other approval required— No Presidential permit (or similar permit) required under Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)), or any other Executive order shall be necessary for construction, connection, operation, or maintenance to which this section applies.

(d)

Exclusions— This section shall not apply to—

(1)

any construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico if—

(A)

the pipeline or facility is operating at the national boundary for that import or export as of the date of enactment of this Act;

(B)

a permit described in subsection (c) for the construction, connection, operation, or maintenance has been issued;

(C)

approval of the construction, connection, operation, or maintenance has previously been obtained under this section; or

(D)

an application for a permit described in subsection (c) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of—

(i)

the date on which the application is denied; and

(ii)

July 1, 2015; or

(2)

the construction, connection, operation, or maintenance of the Keystone XL pipeline.

(e)

Modifications to existing projects— No approval under this section, or permit described in subsection (c), shall be required for modifications to construction, connection, operation, or maintenance described in subparagraph (A), (B), or (C) of subsection (d)(1), including reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustments to maintain flow (such as a reduction or increase in the number of pump or compressor stations).

(f)

Effect of other laws— Nothing in this section affects the application of any other Federal law to a project for which approval of construction, connection, operation, or maintenance is sought under this section.

Sec. 2004 Transmission of electric energy to Canada and Mexico

(a)

Repeal of requirement To secure order— Section 202 of the Federal Power Act (16 U.S.C. 824a) is amended by striking subsection (e).

(b)

Conforming amendments—

(1)

State regulations— Section 202 of the Federal Power Act (16 U.S.C. 824a) is amended—

(A)

by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and

(B)

in subsection (e) (as so redesignated), by striking “insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e)”.

(2)

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” and all that follows through the period at the end 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.”.

Sec. 2005 Effective date; rulemaking deadlines

(a)

Effective date— Sections 2003 and 2004, and the amendments made by those sections, shall take effect on July 1, 2015.

(b)

Rulemaking deadlines— Each relevant official described in section 2003(b)(2) shall—

(1)

not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 2003; and

(2)

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 section 2003.

B Keystone XL permit approval

Sec. 2011 Findings

Congress finds that—

(1)

building the Keystone XL pipeline will provide jobs and economic growth to the United States; and

(2)

the Keystone XL pipeline should be approved immediately.

Sec. 2012 Keystone XL permit approval

(a)

In General— Notwithstanding Executive Order 13337 (3 U.S.C. 301 note; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, and any other Executive order or provision of law, no presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the border between the States of South Dakota and Nebraska.

(b)

Environmental Impact Statement— The final environmental impact statement issued by the Secretary of State on January 31, 2014, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(c)

Critical habitat— No area necessary to construct or maintain the Keystone XL pipeline shall be considered critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or any other provision of law.

(d)

Permits— Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, shall remain in effect.

(e)

Federal judicial review— The pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this section, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit.