,,ii #aadth ,,congress #ast ,session ,s4 #ajag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ba1 #bjae,mr4 ,heinrich introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,federal ,power ,act to improve the siting of interstate electric transmission facilities1 and for other purposes4 #a4 ,siting of interstate electric transmission facilities ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended to read as follows3 #baf4 ,siting of interstate electric transmission facilities 7a7 ,policy ,it is the policy of the ,united ,states that the national interstate transmission system should be guided by the goal of maximizing the net benefits of the electricity system1 taking into consideration-- 7#a7 support for the development of new1 cleaner power generation capacity1 including renewable energy generation located distant from load centers2 7#b7 opportunities for reduced emissions from regional power production2 7#c7 transmission needs driven by public policy requirements established by ,state or ,federal laws 7including regulations72 7#d7 cost savings resulting from-- 7,a7 reduced transmission congestion2 7,b7 enhanced opportunities for intraregional and interregional electricity trades2 7,c7 reduced line losses2 7,d7 generation resource-sharing2 and 7,e7 enhanced fuel diversity2 7#e7 reliability benefits1 including satisfying reliability standards and guidelines for resource adequacy and system security2 7#f7 diversification of risk relating to events affecting fuel supply or generating resources in a particular region2 7#g7 the enhancement of competition in electricity markets and mitigation of market power2 7#h7 the ability to collocate facilities on existing rights-of-way2 7#i7 competing land use priorities1 including land protected under ,federal or ,state law2 7#aj7 the requirements of section #bag7;b77#d72 and 7#aa7 the contribution of demand side management 7including energy efficiency and demand response71 energy storage1 distributed generation resources1 and smart grid investments4 7b7 ,definitions ,in this section3 7#a7 ,high-priority regional transmission project ,the term high-priority regional transmission project means an overhead1 submarine1 or underground transmission facility1 including conductors or cables1 towers1 manhole duct systems1 reactors1 capacitors1 circuit breakers1 static ,,var compensators1 static synchronous compensators1 power converters1 transformers1 synchronous condensers1 braking resistors1 and any ancillary facilities and equipment necessary for the proper operation of the facility1 that is selected in a regional transmission plan for the purposes of cost allocation under ,order ,number #ajjj of the ,commission 7or any successor order71 including an interregional project selected under that plan4 7#b7 ,indian land ,the term ,indian land means land-- 7,a7 the title to which is held by the ,united ,states in trust for an ,indian tribe or individual ,indian2 or 7,b7 that is held by an ,indian tribe or individual ,indian subject to a restriction by the ,united ,states against alienation or encumbrance4 7#c7 ,indian tribe ,the term ,indian tribe means any ,indian tribe1 band1 nation1 or other organized group or community1 including any ,alaska ,native village or regional or village corporation 7as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 which is recognized as eligible for the special programs and services provided by the ,united ,states to ,indians because of their status as ,indians4 7c7 ,siting 7#a7 ,purposes ,the purpose of this subsection is to ensure that high-priority regional transmission projects are in the public interest and advance the policy established under subsection 7a74 7#b7 ,state review of project siting 7,a7 ,in general ,no developer of a high-priority regional transmission project may seek a certificate for construction under subsection 7d7 unless the developer first seeks authorization to construct the high-priority regional transmission project under applicable ,state law concerning authorization and routing of transmission facilities4 7,b7 ,federal authority ,the ,commission may authorize1 in accordance with subsection 7d71 construction of a high-priority regional transmission project that the ,commission finds to be required by the present or future public convenience and necessity and in accordance with this section if-- 7i7 a ,state-- 7,i7 fails to approve construction and authorize routing of a high-priority regional transmission project not later than #a year after the date the applicant submits a completed application for authorization to the ,state2 7,,ii7 rejects or denies the application for a high-priority regional transmission project2 7,,iii7 authorizes the high-priority regional transmission project subject to conditions that unreasonably interfere with the development of a high-priority regional transmission project contrary to the purposes of this section2 or 7,,iv7 does not have authority to approve the siting of the high-priority regional transmission project2 or 7ii7 the developer seeking a certificate for construction under subsection 7d7 does not qualify to apply for ,state authorization to construct a high-priority regional transmission project because the developer does not serve end-users in the ,state4 7d7 ,construction 7#a7 ,application for certificate 7,a7 ,in general ,an applicant for a high-priority regional transmission project may apply to the ,commission for a certificate of public convenience and necessity with respect to construction of the high-priority regional transmission project only under a circumstance described in subsection 7c77#b77;,b74 7,b7 ,form ,the application for a certificate shall be made in writing in such form and containing such information as the ,commission may by regulation require4 7,c7 ,hearing ,on receipt of an application under this paragraph1 the ,commission-- 7i7 shall provide public notice and opportunity for hearing2 and 7ii7 may approve 7with or without conditions7 or disapprove the application1 in accordance with paragraph 7#b74 7,d7 ,administration 7i7 ,in general ,the ,commission shall act as the lead agency for purposes of coordinating all applicable ,federal authorizations and related environmental reviews for a high-priority regional transmission project under this section4 7ii7 ,coordination ,to the maximum extent practicable1 the ,commission shall-- 7,i7 coordinate the ,federal authorization and related environmental review process with any ,indian tribe1 multistate entity1 or ,state agency responsible for conducting any separate permitting or environmental review of a high-priority regional transmission project2 and 7,,ii7 ensure timely and efficient review and permit decisions4 7iii7 ,timeline ,the ,commission1 in consultation with the applicable agencies described in clause 7ii77,i7 and consistent with applicable law1 shall establish a coordinated project plan with milestones for all ,federal authorizations described in clause 7i74 7#b7 ,grant of certificate 7,a7 ,in general ,a certificate shall be issued to a qualified applicant for a certificate authorizing the whole or partial operation1 construction1 acquisition1 or modification covered by the application1 if the ,commission determines that the proposed operation1 construction1 acquisition1 or modification1 to the extent authorized by the certificate1 is required by the present or future public convenience and necessity4 7,b7 ,terms and conditions ,the ,commission shall have the power to attach to the issuance of a certificate under this paragraph and to the exercise of the rights granted under the certificate such reasonable terms and conditions as the public convenience and necessity may require4 7,c7 ,record of ,state proceeding ,any party1 including the ,state1 to a ,state proceeding in which an application for a high-priority regional transmission project was rejected or denied may file with the ,commission for its consideration any portion of the record of the ,state proceeding4 7,d7 ,public convenience and necessity ,in making a determination with respect to public convenience and necessity1 the ,commission shall consider whether the facilities covered by an application are included in an ,interconnection-wide transmission grid plan for a high-priority regional transmission project4 7#c7 ,right of eminent domain ,if any holder of a certificate issued under paragraph 7#b7 cannot acquire by contract1 or is unable to agree with the owner of property on the compensation to be paid for1 the necessary right-of-way to construct1 operate1 and maintain the high-priority regional transmission project to which the certificate relates1 and the necessary land or other property necessary to the proper operation of the high-priority regional transmission project1 the holder may acquire the right-of-way by the exercise of the right of eminent domain in-- 7,a7 the ,united ,states district court for the district in which the property is located2 or 7,b7 a ,state court4 7#d7 ,federal1 ,state and tribal recommendations ,in granting a certificate under paragraph 7#b71 the ,commission shall-- 7,a7 seek from ,federal resource agencies1 ,state regulatory agencies1 and affected ,indian tribes recommended mitigation measures1 based on habitat protection1 environmental considerations1 or cultural site protection2 and 7,b7 7i7 incorporate those identified mitigation measures as conditions to the certificate2 or 7ii7 if the ,commission determines that a recommended mitigation measure is inconsistent with the purposes of this section or with other applicable provisions of law1 is infeasible or not cost-effective1 or for any other reason-- 7,i7 consult with the ,federal resource agency1 ,state regulatory agency1 and affected ,indian tribe to seek to resolve the issue2 7,,ii7 incorporate as conditions to the certificate such recommended mitigation measures as are determined to be appropriate by the ,commission1 based on those consultations and the record before the ,commission2 and 7,,iii7 if1 after consultation1 the ,commission does not adopt in whole or in part a recommendation of an agency or affected ,indian tribe1 publish a statement of a finding that the adoption of the recommendation is infeasible1 not cost-effective1 or otherwise inconsistent with this section or other applicable provisions of law4 7#e7 ,state or local authorizations ,an applicant receiving a certificate under this subsection with respect to construction or modification of a high-priority regional transmission project in a ,state shall not be required to obtain a separate siting authorization from the ,state or any local authority within the ,state4 7#f7 ,rights-of-way over ,indian land ,notwithstanding paragraph 7#c71 in the case of siting1 construction1 operation1 and maintenance of a transmission facility to be located on or over ,indian land1 a certificate holder under this section shall comply with the requirements of ,federal law for obtaining rights-of-way on or over ,indian land4 7e7 ,relationship to other laws 7#a7 ,in general ,except as specifically provided in this section1 nothing in this section affects any requirement of an environmental or historic preservation law of the ,united ,states1 including-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 or 7,c7 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq474 7#b7 ,state law ,nothing in this section precludes any person from constructing or modifying any transmission facility in accordance with ,state law4 7f7 ,applicability 7#a7 ,project developers ,nothing in this section precludes the development1 subject to applicable regulatory requirements1 of transmission projects that are not selected in a regional transmission plan4 7#b7 ,exclusions ,this section does not apply in the ,state of ,alaska or ,hawaii or to the ,electric ,reliability ,council of ,texas4 4