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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4273 Reported in House (RH)]

                                                 Union Calendar No. 425
112th CONGRESS
  2d Session
                                H. R. 4273

                          [Report No. 112-586]

To clarify that compliance with an emergency order under section 202(c) 
   of the Federal Power Act may not be considered a violation of any 
Federal, State, or local environmental law or regulation, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2012

Mr. Olson (for himself, Mr. Doyle, Mr. Terry, Mr. Gene Green of Texas, 
 Mr. Kinzinger of Illinois, and Mr. Gonzalez) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

                              July 9, 2012

Additional sponsors: Mr. Barton of Texas, Mr. Costello, Mr. Owens, Mr. 
 Latta, Mr. Long, Mr. Sullivan, Mr. Canseco, Mr. Lankford, Mr. Barrow, 
 Mr. Whitfield, Mr. Pompeo, Mr. Gingrey of Georgia, and Mr. Murphy of 
                              Pennsylvania

                              July 9, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To clarify that compliance with an emergency order under section 202(c) 
   of the Federal Power Act may not be considered a violation of any 
Federal, State, or local environmental law or regulation, and for other 
                               purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Resolving Environmental and 
Grid Reliability Conflicts Act of 2012''.</DELETED>

<DELETED>SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT.</DELETED>

<DELETED>    (a) Compliance With or Violation of Environmental Laws 
While Under Emergency Order.--Section 202(c) of the Federal Power Act 
(16 U.S.C. 824a(c)) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' after ``(c)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following: ``An order 
        issued under this section should require generation, delivery, 
        interchange, or transmission of electric energy only during 
        times necessary to meet the emergency and serve the public 
        interest, and, to the extent reasonable, be consistent with any 
        other applicable Federal law, including any environmental law 
        or regulation, and endeavor to minimize any adverse 
        environmental impacts.</DELETED>
<DELETED>    ``(2)(A) To the extent any omission or action taken by a 
party, which is necessary to comply with an order issued under 
paragraph (1), including any omission or action taken to voluntarily 
comply with such order, results in noncompliance with, or causes such 
party to not comply with, any Federal, State, or local environmental 
law or regulation, such omission or action shall not be considered a 
violation of such environmental law or regulation, or subject such 
party to any requirement, civil or criminal liability, or a citizen 
suit under such environmental law or regulation.</DELETED>
<DELETED>    ``(B) In this paragraph, the term `environmental law' does 
not include the Occupational Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.).''.</DELETED>
<DELETED>    (b) Temporary Connection or Construction by 
Municipalities.--Section 202(d) of the Federal Power Act (16 U.S.C. 
824a(d)) is amended by inserting ``or municipality'' before ``engaged 
in the transmission or sale of electric energy''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resolving Environmental and Grid 
Reliability Conflicts Act of 2012''.

SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT.

    (a) Compliance With or Violation of Environmental Laws While Under 
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) With respect to an order issued under this subsection that 
may result in a conflict with a requirement of any Federal, State, or 
local environmental law or regulation, the Commission shall ensure that 
such order requires generation, delivery, interchange, or transmission 
of electric energy only during hours necessary to meet the emergency 
and serve the public interest, and, to the maximum extent practicable, 
is consistent with any applicable Federal, State, or local 
environmental law or regulation and minimizes any adverse environmental 
impacts.
    ``(3) To the extent any omission or action taken by a party, that 
is necessary to comply with an order issued under this subsection, 
including any omission or action taken to voluntarily comply with such 
order, results in noncompliance with, or causes such party to not 
comply with, any Federal, State, or local environmental law or 
regulation, such omission or action shall not be considered a violation 
of such environmental law or regulation, or subject such party to any 
requirement, civil or criminal liability, or a citizen suit under such 
environmental law or regulation.
    ``(4)(A) An order issued under this subsection that may result in a 
conflict with a requirement of any Federal, State, or local 
environmental law or regulation shall expire not later than 90 days 
after it is issued. The Commission may renew or reissue such order 
pursuant to paragraphs (1) and (2) for subsequent periods, not to 
exceed 90 days for each period, as the Commission determines necessary 
to meet the emergency and serve the public interest.
    ``(B) In renewing or reissuing an order under subparagraph (A), the 
Commission shall consult with the primary Federal agency with expertise 
in the environmental interest protected by such law or regulation, and 
shall include in any such renewed or reissued order such conditions as 
such Federal agency determines necessary to minimize any adverse 
environmental impacts to the maximum extent practicable. The 
conditions, if any, submitted by such Federal agency shall be made 
available to the public. The Commission may exclude such a condition 
from the renewed or reissued order if it determines that such condition 
would prevent the order from adequately addressing the emergency 
necessitating such order and provides in the order, or otherwise makes 
publicly available, an explanation of such determination.''.
    (b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended 
by inserting ``or municipality'' before ``engaged in the transmission 
or sale of electric energy''.
                                                 Union Calendar No. 425

112th CONGRESS

  2d Session

                               H. R. 4273

                          [Report No. 112-586]

_______________________________________________________________________

                                 A BILL

To clarify that compliance with an emergency order under section 202(c) 
   of the Federal Power Act may not be considered a violation of any 
Federal, State, or local environmental law or regulation, and for other 
                               purposes.

_______________________________________________________________________

                              July 9, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```