Sec. 218. Transmission siting assistance program
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In this section: The term covered transmission project means a high-voltage interstate electricity transmission line, proposed to be constructed and to operate at a minimum of 300 kilovolts of either alternating-current or direct-current electric energy, with respect to which a notice of intent to apply for authorization under State, local, or Tribal law has been filed with the applicable siting authority. The term Secretary means the Secretary of Energy. The term siting authority means a State, local, or Tribal governmental entity with authority to make a final determination regarding the siting, permitting, or regulatory status of a covered transmission project proposed to be located in an area under the jurisdiction of the entity.
Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a program to provide assistance to siting authorities for the evaluation of, and decisionmaking process for, applications relating to the siting or permitting of covered transmission projects. The Secretary may, upon request, provide a grant to a siting authority for any of the following: Studies and analyses of the environmental, reliability, wildlife, cultural, historical, water, land-use, and employment, tax-revenue, market, cost, rate regulation, and other economic impacts of the covered transmission project, including— assessing the economic benefits and development effects of the transmission capacity of the covered transmission project; and identifying the public health benefits of substituting clean electricity for fossil-fired generation that creates ozone, particulates, nitrous oxides, and greenhouse gases, often in low-income areas.
Participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction or under the auspices of a transmission organization (as defined in section 215 of the Federal Power Act ( 16 U.S.C. 824o )) that is also considering the siting or permitting of the same covered transmission project. Participation by the siting authority in regulatory proceedings at the Federal Energy Regulatory Commission or a State regulatory commission determining applicable rates and cost allocation for the covered transmission project.
The costs of the siting authority of scheduling and conducting public hearings and meetings to present plans and related analysis, take comments, and foster greater public awareness of the benefits and costs of the covered transmission project (including with respect to any proposed siting alternatives). In providing a grant to a siting authority under subparagraph (A), the Secretary may provide amounts of not more than— 80 percent of the costs of studies and analyses under subparagraph (A)(i) that are commissioned by the siting authority to be carried out by another entity; 50 percent of the costs of studies and analyses under subparagraph (A)(i) that are carried out by the siting authority; 50 percent of the costs to the siting authority of participation described in subparagraph (A)(ii); 80 percent of the costs to the siting authority of participation described in subparagraph (A)(iii); and 50 percent of the costs described in subparagraph (A)(iv).
The Secretary shall provide a grant under subparagraph (A)(i) on the condition that any study carried out pursuant to such subparagraph is completed within one year of being commissioned, or commenced by, the siting authority. The Secretary may, upon request, provide direct assistance to a siting authority in the form of: Examination of up to three alternate siting corridors within which the covered transmission project feasibly could be sited. Related scientific, technical, and economic analyses, to be performed at the national laboratories of the Department of Energy.
Hosting and facilitation (including by providing services of expert Department of Energy personnel or neutral arbitrators) of negotiations in settlement meetings involving the siting authority, the covered transmission project applicant and other proponents of the project, siting authorities from other jurisdictions considering the same covered transmission project, and opponents of the covered transmission project, for the purpose of identifying and addressing issues that are preventing approval of the application relating to the siting or permitting of the covered transmission project.
Other measures and actions that may improve the chances of, and shorten the time required for, approval by the siting authority of the application relating to the siting or permitting of the covered transmission project, as the Secretary determines appropriate. As a condition of receiving assistance under this section, the Secretary shall require a siting authority to agree, in writing— to reach a final decision on the application relating to the siting or permitting of the covered transmission project not later than two years after the date on which such assistance is first provided, unless the Secretary grants an extension for good cause; to review, consider, and conduct any negotiations regarding the application relating to the siting or permitting of the covered transmission project (including with respect to any proposed siting alternatives) in good faith and in accordance with a published decision process and schedule; to objectively and rationally weigh the results of all analyses, evidence, and inputs, and not deny the application relating to the siting or permitting of the covered transmission project without finding compelling evidence that the negative impacts of the covered transmission project (including with respect to any proposed siting alternatives) are greater than its benefits; in evaluating the impacts, costs, and benefits of the covered transmission project, to not exclude demonstrable regional and national impacts, costs, and benefits that will be experienced within and beyond the area over which the siting authority has jurisdiction; in evaluating the costs of the covered transmission project, to not deny the application relating to the siting or permitting of the covered transmission project based on an unfair allocation of costs to those within the area over which the siting authority has jurisdiction, except that the siting authority may condition its approval on a fair and feasible allocation of those costs within and beyond the area over which the siting authority has jurisdiction, as determined by the siting authority; to transparently share, upon request, all information, analyses, and other inputs obtained pursuant to this section, except for any business-confidential information, with all parties, other siting authorities considering the same covered transmission project, and the public; to not demand funds from the applicant to cover the costs of any analysis, information, or support that it has received from the Secretary; to provide to the Secretary a full written explanation of any preliminary decision regarding the application relating to the siting or permitting of the covered transmission project, including the information the siting authority found to be dispositive, and to entertain petitions for review, rehearing, or correction of the preliminary decision before making a final decision; and if a covered transmission project is finally approved by two or more siting authorities for other areas, each of which agrees to accept a greater allocation of the project costs on a per-mile and per-resident basis than is proposed for area under the jurisdiction of the siting authority receiving assistance under this section, to engage in binding arbitration to determine a final decision on siting and permitting the covered transmission project within the area under its own jurisdiction.
If a siting authority receiving assistance under this section enters into binding arbitration under subsection (d)(9), the siting authority shall select an expert arbitrator who will meet with a second expert arbitrator selected by the siting authorities from other jurisdictions, the two arbitrators then agreeing on the selection of a third expert arbitrator, with all three considering the options and reaching by majority a conclusion on the best option to allow the project to proceed in the least-impact but still feasible manner.
The Secretary may provide economic incentives for climate solutions to a siting authority receiving assistance under this section that makes a final decision approving the relevant application by the deadline required under subsection (d)(1). The Secretary shall notify siting authorities of the availability of assistance under this section. There is authorized to be appropriated to the Secretary to carry out this section $75,000,000 for each of fiscal years 2022 through 2031, to remain available until expended.
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Sec. 218
Transmission siting assistance program
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