Sec. 40105. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES
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## SEC. 40105 SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES ###
(a)Designation of National Interest Electric Transmission Corridors Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)) is amended— ####
(1)in paragraph (1)— #####
(A)by inserting “and Indian Tribes” after “affected States”; and #####
(B)by inserting “capacity constraints and” before “congestion”; ####
(2)in paragraph (2)— #####
(A)by striking “After” and inserting “Not less frequently than once every 3 years, the Secretary, after”; and #####
(B)by striking “ affected States ” and all that follows through the period at the end and inserting the following: > “affected States and Indian Tribes), shall issue a report, based on the study under paragraph
(1)or other information relating to electric transmission capacity constraints and congestion, which may designate as a national interest electric transmission corridor any geographic area that— > > > ###### “(i) > > is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or > > > ###### “(ii) > > is expected to experience such energy transmission capacity constraints or congestion.” > ; ####
(3)in paragraph (3)— #####
(A)by striking “The Secretary shall conduct the study and issue the report in consultation” and inserting “Not less frequently than once every 3 years, the Secretary, in conducting the study under paragraph
(1)and issuing the report under paragraph (2), shall consult”; and ####
(4)in paragraph (4)— #####
(A)in subparagraph (C), by inserting “or energy security” after “independence”; #####
(B)in subparagraph (D), by striking “and” at the end; #####
(C)in subparagraph (E), by striking the period at the end and inserting a semicolon; and #####
(D)by adding at the end the following: > > ##### “(F) > > the designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid; > > > ##### “(G) > > the designation— > > > ###### “(i) > > maximizes existing rights-of-way; and > > > ###### “(ii) > > avoids and minimizes, to the maximum extent practicable, and offsets to the extent appropriate and practicable, sensitive environmental areas and cultural heritage sites; and > > > ##### “(H) > > the designation would result in a reduction in the cost to purchase electric energy for consumers.” > . ###
(b)Construction Permit Section 216(b) of the Federal Power Act (16 U.S.C. 824p(b)) is amended— ####
(1)in paragraph (1)— #####
(A)in subparagraph (A)(ii), by inserting “or interregional benefits” after “interstate benefits”; and #####
(B)by striking subparagraph
(C)and inserting the following: > > ##### “(C) > > a State commission or other entity that has authority to approve the siting of the facilities— > > > ###### “(i) > > has not made a determination on an application seeking approval pursuant to applicable law by the date that is 1 year after the later of— > > > ###### “(I) > > the date on which the application was filed; and > > > ###### “(II) > > the date on which the relevant national interest electric transmission corridor was designated by the Secretary under subsection (a); > > > ###### “(ii) > > has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission capacity constraints or congestion in interstate commerce or is not economically feasible; or > > > ###### “(iii) > > has denied an application seeking approval pursuant to applicable law;” > . ###
(c)Rights-of-Way Section 216(e)(1) of the Federal Power Act (16 U.S.C. 824p(e)(1)) is amended by striking “modify the transmission facilities, the” and inserting “modify, and operate and maintain, the transmission facilities and, in the determination of the Commission, the permit holder has made good faith efforts to engage with landowners and other stakeholders early in the applicable permitting process, the”. ###
(d)Interstate Compacts Section 216(i) of the Federal Power Act (16 U.S.C. 824p(i)) is amended— ####
(1)in paragraph (2), by striking “may” and inserting “shall”; and ####
(2)in paragraph (4), by striking “ the members ” and all that follows through the period at the end and inserting the following: > “the Secretary determines that the members of the compact are in disagreement after the later of— > > > ##### “(A) > > the date that is 1 year after the date on which the relevant application for the facility was filed; and > > > ##### “(B) > > the date that is 1 year after the date on which the relevant national interest electric transmission corridor was designated by the Secretary under subsection (a).” > .
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Sec. 40105
SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES
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