,i #aagth ,,congress #ast ,session ,h4 ,r4 #diga ,,in ,,the ,,house ,,of ,,representatives ,august #f1 #bjba,mr4 ,quigley 7for himself1 ,mr4 ,peters1 and ,mr4 ,casten7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,power ,act to establish a procedure for the siting of certain interstate electric transmission facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,streamlining ,interstate ,transmission of ,electricity ,act or the ,,site ,act4 #b4 ,siting of certain interstate electric transmission facilities ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding at the end the following3 #bbd4 ,siting of certain interstate electric transmission facilities 7a7 ,definitions ,in this section3 7#a7 ,affected landowner 7,a7 ,in general ,the term affected landowner includes each owner of a property interest in land or other property described in subparagraph 7,b71 including-- 7i7 the ,federal ,government2 7ii7 a ,state or local government2 and 7iii7 each owner noted in the most recent county or city tax record as receiving the relevant tax notice with respect to that interest4 7,b7 ,land and other property described ,the land or other property referred to in subparagraph 7,a7 is any land or other property-- 7i7 that is or will be crossed by the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity2 7ii7 that is or will be used as a facility site with respect to the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity2 7iii7 that abuts any boundary of an existing right-of-way or other facility site that-- 7,i7 is owned by an electric utility2 and 7,,ii7 is located not more than #ejj feet from the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity2 7iv7 that abuts the boundary of a proposed facility site for the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity2 7v7 that is crossed by1 or abuts any boundary of1 an existing or proposed right-of-way that-- 7,i7 will be used for the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity2 and 7,,ii7 is located not more than #ejj feet from the proposed location of that energy transmission facility2 or 7vi7 on which a residence is located not more than #ejj feet from the boundary of any right-of-way for that energy transmission facility4 7#b7 ,alternating current transmission facility ,the term alternating current transmission facility means a transmission facility that uses alternating current for the bulk transmission of electric energy4 7#c7 ,energy transmission facility ,the term energy transmission facility means1 as applicable-- 7,a7 an alternating current transmission facility2 or 7,b7 a high-voltage1 direct current transmission facility4 7#d7 ,facility site ,the term facility site includes-- 7,a7 a right-of-way2 7,b7 an access road2 7,c7 a contractor yard2 and 7,d7 any temporary workspace4 7#e7 ,high-voltage1 direct current transmission facility ,the term high-voltage1 direct current transmission facility means a transmission facility that uses direct current for the bulk transmission of electric energy4 7#f7 ,tribal land ,the term ,tribal land has the meaning given the term ,indian land in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7b7 ,certificate of public convenience and necessity 7#a7 ,in general ,on receipt of an application under subsection 7c77#a7 relating to an energy transmission facility described in paragraph 7#b71 the ,commission1 after making the finding described in paragraph 7#c7 with respect to that energy transmission facility1 shall issue to any person1 by publication in the ,federal ,register1 a certificate of public convenience and necessity for the construction1 modification1 operation1 or abandonment of that energy transmission facility1 subject to such reasonable terms and conditions as the ,commission determines to be appropriate4 7#b7 ,energy transmission facility described ,an energy transmission facility referred to in paragraph 7#a7 is an energy transmission facility that-- 7,a7 traverses or1 on construction or modification in accordance with a certificate of public convenience and necessity issued under that paragraph1 will traverse not fewer than #b ,states2 and 7,b7 is not less than #a1jjj megawatts or #a1jjj megavolt-amperes in power capacity4 7#c7 ,finding described ,the finding referred to in paragraph 7#a7 is a finding that-- 7,a7 the applicant for a certificate of public convenience and necessity is able and willing-- 7i7 to carry out the activities and perform the services proposed in the application in a manner determined to be appropriate by the ,commission2 and 7ii7 to achieve compliance with the applicable requirements of-- 7,i7 this part2 and 7,,ii7 any rules and regulations promulgated by the ,commission pursuant to this part2 7,b7 the energy transmission facility to be constructed1 modified1 or operated under the certificate of public convenience and necessity will-- 7i7 traverse not fewer than #b ,states2 7ii7 be used for the transmission of electric energy in interstate commerce2 and 7iii7 have a power capacity of not less than #a1jjj megawatts or #a1jjj megavolt-amperes2 and 7,c7 operation of the energy transmission facility as proposed in the application-- 7i7 will-- 7,i7 enable the use of renewable energy2 7,,ii7 reduce congestion2 or 7,,iii7 improve the reliability of the transmission system2 7ii7 will maximize1 to the extent reasonable and economical1 the use of-- 7,i7 existing facility sites2 and 7,,ii7 the transmission capabilities of existing energy transmission facilities2 and 7iii7 will1 to the extent practicable1 minimize the use of eminent domain4 7#d7 ,rulemaking ,not later than #bgj days after the date of enactment of this section1 the ,commission shall issue rules specifying-- 7,a7 a pre-filing process during which a person described in subsection 7c77#a7 and the ,commission shall consult with-- 7i7 the appropriate ,state agencies1 ,state public utility commissions1 and ,state energy offices in each ,state the proposed project traverses2 7ii7 appropriate ,federal agencies2 and 7iii7 each ,indian ,tribe that may be affected by the proposed project2 7,b7 the form of1 and information to be contained in1 an application submitted under subsection 7c77#a72 7,c7 requirements for determining whether the applicable energy transmission facility will be constructed or modified-- 7i7 to traverse not fewer than #b ,states2 7ii7 to be used for the transmission of electric energy in interstate commerce2 and 7iii7 to have a power capacity of not less than #a1jjj megawatts or #a1jjj megavolt-amperes2 7,d7 criteria for determining the reasonable and economical use of-- 7i7 existing rights-of-way2 and 7ii7 the transmission capabilities of existing towers or structures2 7,e7 the manner in which an application submitted under subsection 7c77#a7 and any proposal for the construction or modification of an energy transmission facility shall be considered1 which1 to the extent practicable1 shall be consistent with ,state statutory and regulatory policies concerning generation and retail sales of electricity in the ,states in which the electric energy transmitted by the energy transmission facility will be generated or sold2 and 7,f7 the manner in which the ,commission will consider the needs of communities that will be impacted directly by the proposed energy transmission facility1 including how any impacts of the proposed energy transmission facility could be mitigated or offset4 7#e7 ,public notice1 comment1 and opportunity for a hearing on certain draft documents 7,a7 ,in general ,the ,commission shall provide not less than #ij days for public comment on any initial scoping document or draft environmental impact statement prepared for an energy transmission facility with respect to which an application for a certificate of public convenience and necessity has been submitted under subsection 7c77#a74 7,b7 ,notice and opportunity for hearing ,the ,commission shall-- 7i7 publish in the ,federal ,register a notice of the filing of each draft scoping document or draft environmental impact statement described in clause 7i72 and 7ii7 provide to the individuals and entities described in paragraph 7#f77;,b7 notice and reasonable opportunity for the presentation of any views and recommendations with respect to the initial scoping document or draft environmental impact statement4 7,c7 ,tribal consent ,with respect to an ,indian ,tribe that may be affected by a potential project1 the ,commission-- 7i7 shall provide notice to the appropriate ,tribal officials and an opportunity of public comment in accordance with subparagraph 7,a72 and 7ii7 shall not approve a scoping document or draft environmental impact statement unless consent has been obtained from the proper ,tribal officials in a manner consistent with the requirements of section #b of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbd74 7#f7 ,notice and opportunity for a hearing on applications 7,a7 ,in general ,in any proceeding before the ,commission to consider an application for a certificate of public convenience and necessity under this section1 the ,commission shall-- 7i7 publish a notice of the application in the ,federal ,register2 and 7ii7 provide to the individuals and entities described in subparagraph 7,b7 a notice and reasonable opportunity for the presentation of any views and recommendations with respect to the need for1 and impact of1 the construction or modification of the energy transmission facility proposed to be constructed or modified under the certificate4 7,b7 ,individuals and entities described ,the individuals and entities referred to in subparagraph 7,a7 are-- 7i7 an agency1 selected by the ,governor 7or equivalent official7 of the applicable ,state1 of each ,state in which the energy transmission facility proposed to be constructed or modified under the applicable certificate of public convenience and necessity is or will be located2 7ii7 each affected landowner2 and 7iii7 as determined by the ,commission-- 7,i7 each affected ,federal agency2 and 7,,ii7 each ,indian ,tribe that may be affected by the proposed construction or modification4 7,c7 ,prohibition ,the ,commission may not-- 7i7 require an applicant for a certificate of public convenience and necessity under this section to provide any notice required under this section2 or 7ii7 enter into a contract to provide any notice required under this section with-- 7,i7 the applicant for the applicable certificate of public convenience and necessity2 or 7,,ii7 any other person that has a financial interest in the project proposed in the application for that certificate4 7c7 ,applications 7#a7 ,in general ,a person desiring a certificate of public convenience and necessity under this section shall submit to the ,commission an application at such time1 in such manner1 and containing such information as the ,commission may require4 7#b7 ,requirement ,an application submitted to the ,commission under paragraph 7#a7 shall include all information necessary for the ,commission to make the finding described in subsection 7b77#c74 7d7 ,notice to affected landowners 7#a7 ,in general ,the ,commission shall provide written notice of an application submitted under subsection 7c77#a7 to all affected landowners in accordance with this subsection4 7#b7 ,requirements ,any notice provided to an affected landowner under paragraph 7#a7 shall include the following3 7,a7 ,the following statement in #ad-point bold typeface3 8#8,the name of applicant has proposed building power lines that will cross your property1 and may also require building transmission towers on your property4 ,if the ,federal ,energy ,regulatory ,commission approves applicant's proposed project1 then applicant may have the right to build transmission towers on1 and power lines over1 your property1 or use your property to construct the proposed project1 subject to paying you just compensation for the loss of your property4 8#8,if you want to raise objections to this1 or otherwise comment on this project1 you can do so by submitting written comments to the ,federal ,energy ,regulatory ,commission ,docket ,no4 4 ,you can do this electronically or by mail4 ,to do so electronically to be inserted by the ,commission4 ,to do so by mail to be inserted by the ,commission4'4 7,b7 ,a description of the proposed project1 including-- 7i7 the location of the proposed project 7including a general location map72 7ii7 the purpose of the proposed project2 and 7iii7 the timing of the proposed project4 7,c7 ,the name of1 and the location in the docket of the ,commission at which may be found1 each submission by the applicant to the ,commission relating to the proposed project4 7,d7 ,a general description of what the applicant will need from the landowner if the proposed project is approved1 including the activities the applicant may undertake and the facilities that the applicant may seek to construct on the property of the landowner4 7,e7 ,a description of how the landowner may contact the applicant1 including-- 7i7 a website2 and 7ii7 a local or toll-free telephone number and the name of a specific person to contact who is knowledgeable about the proposed project4 7,f7 ,a description of how the landowner may contact the ,commission1 including-- 7i7 a website2 and 7ii7 a local or toll-free telephone number and the name of a specific person to contact who is knowledgeable about the proposed project4 7,g7 ,a summary of the rights that the landowner has-- 7i7 before the ,commission2 and 7ii7 in other proceedings under-- 7,i7 the ,federal ,rules of ,civil ,procedure2 and 7,,ii7 the eminent domain rules of the relevant ,state4 7,h7 ,any other information that the ,commission determines to be appropriate4 7#c7 ,obligation of applicant ,an applicant for a certificate of public convenience and necessity under this section shall submit to the ,commission1 together with the application for the certificate1 the name and address of each affected landowner4 7e7 ,regulatory jurisdiction 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,commission shall have exclusive jurisdiction over1 and no ,state shall regulate any aspect of1 the siting or permitting of an energy transmission facility constructed1 modified1 or operated under a certificate of public convenience and necessity issued under this section4 7#b7 ,savings clause ,nothing in this section affects the rights of ,states under-- 7,a7 the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq472 7,b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,c7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 or 7,d7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act74 7f7 ,judicial review 7#a7 ,in general ,any person aggrieved by an order issued by the ,commission under this section may obtain review of the order in-- 7,a7 the court of appeals of the ,united ,states for any judicial circuit in which the energy transmission facility to be constructed or modified under the applicable certificate of public convenience and necessity is or will be located2 or 7,b7 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,petition for review 7,a7 ,in general ,a person may obtain review under paragraph 7#a7 by filing in the applicable court a written petition praying that the order of the ,commission be modified or set aside in whole or in part4 7,b7 ,timing ,a petition under subparagraph 7,a7 shall be filed by not later than #fj days after the date on which the applicable order of the ,commission is published in the ,federal ,register4 7#c7 ,person aggrieved ,notwithstanding any other provision of this ,act1 a person aggrieved by an order of the ,commission issued under this section need not-- 7,a7 have been a party to the proceedings before the ,commission in which that order was issued in order to obtain judicial review of the order under this subsection2 or 7,b7 have requested rehearing before the ,commission prior to seeking judicial review4 7g7 ,right of eminent domain for energy transmission facilities 7#a7 ,in general ,the holder of a certificate of public convenience and necessity may acquire through the exercise of the right of eminent domain in a court described in paragraph 7#b7 any right-of-way1 land1 or other property that is necessary to construct1 modify1 operate1 or maintain an energy transmission facility in accordance with that certificate if the holder-- 7,a7 cannot acquire the necessary right-of-way1 land1 or other property by contract2 7,b7 is unable to agree with the owner of the right-of-way1 land1 or other property with respect to the compensation to be paid for that right-of-way1 land1 or other property2 or 7,c7 cannot clear defective title with respect to the right-of-way1 land1 or other property4 7#b7 ,court described ,a court referred to in paragraph 7#a7 is-- 7,a7 the district court of the ,united ,states for the district in which the applicable land or other property is located2 or 7,b7 the appropriate ,state court4 7#c7 ,notice of decision to issue certificate ,the holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection with respect to any property covered by the certificate unless the ,commission has first1 in addition to publishing the notice of certificate of public convenience and necessity in the ,federal ,register1 provided all affected landowners with notice of-- 7,a7 the decision of the ,commission to grant the certificate2 and 7,b7 the procedures for obtaining judicial review of that decision under subsection 7f71 including a description of the time period for seeking judicial review under that subsection4 7h7 ,condemnation procedures 7#a7 ,appraisals 7,a7 ,in general ,a holder of1 or applicant for1 a certificate of public convenience and necessity shall have any property that the holder or applicant seeks to acquire through the exercise of the right of eminent domain under subsection 7g7 appraised in accordance with generally accepted appraisal standards by an appraiser selected by the owner of the property1 subject to subparagraph 7,d74 7,b7 ,requirements 7i7 ,costs ,the applicable holder of1 or applicant for1 a certificate of public convenience and necessity shall pay for each appraisal carried out under subparagraph 7,a74 7ii7 ,inspections ,the owner of the applicable property 7or a designated representative of the owner7 shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under subparagraph 7,a74 7,c7 ,timing ,an appraisal under subparagraph 7,a7 shall be carried out before the holder of1 or applicant for1 the certificate of public convenience and necessity-- 7i7 makes an offer of just compensation under paragraph 7#b72 or 7ii7 commences an action or proceeding to exercise the right of eminent domain under subsection 7g74 7,d7 ,selection of appraiser ,if the owner of the applicable property does not select an appraiser under subparagraph 7,a7 by the date that is #fj days after the date on which the holder of1 or applicant for1 the applicable certificate of public convenience and necessity requests that the owner do so1 the holder or applicant shall have the right to select the appraiser4 7#b7 ,offers of just compensation 7,a7 ,in general ,any offer of just compensation made to an affected landowner of property that is covered by a certificate of public convenience and necessity-- 7i7 shall be made in writing2 7ii7 may not be for an amount less than the fair market value of the property1 as determined by an appraisal carried out under paragraph 7#a72 and 7iii7 shall include compensation for-- 7,i7 any lost income from the property2 and 7,,ii7 any damages to any other property of the owner4 7,b7 ,timing ,the holder of1 or applicant for1 a certificate of public convenience and necessity may not make an offer of just compensation to an affected landowner until the date that is #cj days after the date on which the ,commission provides a notice to the affected landowner under subsection 7g77#c74 7#c7 ,jurisdictional limitations 7,a7 ,minimum jurisdictional amount ,a district court of the ,united ,states shall only have jurisdiction of an action or proceeding to exercise the right of eminent domain under subsection 7g7 if the amount claimed by the owner of the property to be condemned exceeds #c1jjj4 7,b7 ,state ownership interests 7i7 ,in general ,except as provided in clause 7ii71 a district court of the ,united ,states shall have no jurisdiction to condemn any interest owned by a ,state4 7ii7 ,exception ,notwithstanding clause 7i71 a district court of the ,united ,states shall have jurisdiction-- 7,i7 to condemn any existing utility or transportation easement or right-of-way that-- 7aa7 is on ,state property2 or 7bb7 is on private property and is owned by a ,state2 and 7,,ii7 to condemn any real property conveyed to a ,state for the purpose of obstructing the construction1 modification1 or operation of an energy transmission facility in accordance with a certificate of public convenience and necessity issued under this section4 7,c7 ,tribal land ,a district court of the ,united ,states shall have no jurisdiction to condemn any interest in ,tribal land4 7#d7 ,limitation on condemnation ,in any action or proceeding to exercise the right of eminent domain under subsection 7g71 a court-- 7,a7 may condemn an interest in property only to the extent necessary for the specific facilities described in the applicable certificate of public convenience and necessity2 and 7,b7 may not-- 7i7 condemn any other interest2 or 7ii7 condemn an interest for any purpose not described in that certificate4 7#e7 ,right of possession ,with respect to any action or proceeding to exercise the right of eminent domain under subsection 7g71 an owner of property covered by the applicable certificate of public convenience and necessity shall not be required to surrender possession of that property unless the holder of the certificate-- 7,a7 has paid to the owner the award of compensation in the action or proceeding2 or 7,b7 has deposited the amount of that award with the court4 7#f7 ,litigation costs 7,a7 ,in general ,a holder of a certificate of public convenience and necessity that commences an action or proceeding to exercise the right of eminent domain under subsection 7g7 shall be liable to the owner of any property condemned in that proceeding for the costs described in subparagraph 7,b7 if the amount awarded to that owner for the property condemned is more than #abe percent of the amount offered to the owner by the holder before the commencement of that action or proceeding4 7,b7 ,costs described ,the costs referred to in subparagraph 7,a7 are litigation costs incurred for the action or proceeding described in that subparagraph by the owner of the property condemned1 including-- 7i7 reasonable attorney fees2 and 7ii7 expert witness fees and costs4 7i7 ,enforcement of conditions 7#a7 ,in general ,an affected landowner the property of which has been acquired by eminent domain under subsection 7g7 shall have the right-- 7,a7 to enforce any condition in the applicable certificate of public convenience and necessity2 and 7,b7 to seek damages for a violation of any condition described in subparagraph 7,a74 7#b7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over any action arising under paragraph 7#a74 7j7 ,other landowner rights and protections 7#a7 ,failure to timely complete projects 7,a7 ,surrender of condemned property 7i7 ,in general ,an individual or entity from which an interest in property is acquired through the exercise of the right of eminent domain under subsection 7g7 by the holder of a certificate of public convenience and necessity that is issued for the construction1 modification1 or operation of an energy transmission facility may demand that the holder of the certificate surrender that interest to that individual or entity if-- 7,i7 7aa7 the energy transmission facility is not in operation 7as modified1 in the case of a modification of an energy transmission facility7 by the date specified in the certificate 7including any modification of the certificate by the ,commission72 and 7bb7 there is no request for the extension of that date pending before the ,commission2 or 7,,ii7 subject to clause 7ii71 the holder of the certificate1 with the approval of the ,commission1 abandons the portion of the energy transmission facility that is located on the applicable property relating to that interest4 7ii7 ,requirement ,the ,commission may not approve in a certificate of public convenience and necessity issued under this section or in any subsequent proceeding the abandonment of all or any part of an energy transmission facility unless the ,commission requires the holder of the applicable certificate of public convenience and necessity to offer to each individual or entity described in clause 7i7 the option of having the property acquired from that individual or entity as described in that clause restored to the condition that the property was in prior to the issuance of the certificate4 7,b7 ,repayment of condemnation award ,if an individual or entity described in subparagraph 7,a77i7 demands the surrender of an interest under that subparagraph1 the holder of the applicable certificate of public convenience and necessity shall be entitled to repayment of an amount equal to not more than #ej percent of the condemnation award relating to the interest4 7,c7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over any action arising under this paragraph4 7#b7 ,material misrepresentations 7,a7 ,rescission of transaction 7i7 ,in general ,an affected landowner that proves1 by a preponderance of the evidence1 that the affected landowner has granted a right-of-way or any other interest based on a material misrepresentation made by or on behalf of an applicant for1 or holder of1 a certificate of public convenience and necessity under this section shall have the right to rescind the transaction4 7ii7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over any action arising under clause 7i74 7,b7 ,civil penalties 7i7 ,in general ,if an applicant for1 or holder of1 a certificate of public convenience and necessity makes a material misrepresentation1 or if a material misrepresentation is made on behalf of such an applicant or holder1 to an affected landowner concerning the energy transmission facility to be constructed or modified under the certificate1 the applicant or holder shall be subject to a civil penalty1 to be assessed by the ,commission1 in an amount not to exceed #aj1jjj per affected landowner to which the misrepresentation was made4 7ii7 ,procedure ,the penalty described in clause 7i7 shall be assessed by the ,commission after providing notice and an opportunity for a public hearing4 7iii7 ,requirement ,in determining the amount of a penalty under clause 7i71 the ,commission shall take into consideration the nature and seriousness of the violation4 4