IB 

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] 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 4273 RH

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. 


jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 4273 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Resolving Environ5 mental and Grid Reliability Conflicts Act of 2012’’. 

6 SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT. 

7 (a) COMPLIANCE WITH OR VIOLATION OF ENVIRON8 MENTAL LAWS WHILE UNDER EMERGENCY ORDER.— 

9 Section 202(c) of the Federal Power Act (16 U.S.C. 

10 824a(c)) is amended— 

11 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

12 (2) by adding at the end the following: ‘‘An 

13 order issued under this section should require gen14 eration, delivery, interchange, or transmission of 

15 electric energy only during times necessary to meet 

16 the emergency and serve the public interest, and, to 

17 the extent reasonable, be consistent with any other 

18 applicable Federal law, including any environmental 

19 law or regulation, and endeavor to minimize any ad20 verse environmental impacts. 

21 ‘‘(2)(A) To the extent any omission or action taken 

22 by a party, which is necessary to comply with an order 

23 issued under paragraph (1), including any omission or ac24 tion taken to voluntarily comply with such order, results 

25 in noncompliance with, or causes such party to not comply 


jbell on DSK7SPTVN1PROD with BILLS
4 

•HR 4273 RH

1 with, any Federal, State, or local environmental law or 

2 regulation, such omission or action shall not be considered 

3 a violation of such environmental law or regulation, or 

4 subject such party to any requirement, civil or criminal 

5 liability, or a citizen suit under such environmental law 

6 or regulation. 

7 ‘‘(B) In this paragraph, the term ‘environmental law’ 

8 does not include the Occupational Safety and Health Act 

9 of 1970 (29 U.S.C. 651 et seq.).’’. 

10 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

11 MUNICIPALITIES.—Section 202(d) of the Federal Power 

12 Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu13 nicipality’’ before ‘‘engaged in the transmission or sale of 

14 electric energy’’. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Resolving Environ17 mental and Grid Reliability Conflicts Act of 2012’’. 

18 SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT. 

19 (a) COMPLIANCE WITH OR VIOLATION OF ENVIRON20 MENTAL LAWS WHILE UNDER EMERGENCY ORDER.—Sec21 tion 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) 

22 is amended— 

23 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

24 (2) by adding at the end the following: 


jbell on DSK7SPTVN1PROD with BILLS
5 

•HR 4273 RH

1 ‘‘(2) With respect to an order issued under this sub2 section that may result in a conflict with a requirement 

3 of any Federal, State, or local environmental law or regula4 tion, the Commission shall ensure that such order requires 

5 generation, delivery, interchange, or transmission of electric 

6 energy only during hours necessary to meet the emergency 

7 and serve the public interest, and, to the maximum extent 

8 practicable, is consistent with any applicable Federal, 

9 State, or local environmental law or regulation and mini10 mizes any adverse environmental impacts. 

11 ‘‘(3) To the extent any omission or action taken by 

12 a party, that is necessary to comply with an order issued 

13 under this subsection, including any omission or action 

14 taken to voluntarily comply with such order, results in non15 compliance with, or causes such party to not comply with, 

16 any Federal, State, or local environmental law or regula17 tion, such omission or action shall not be considered a viola18 tion of such environmental law or regulation, or subject 

19 such party to any requirement, civil or criminal liability, 

20 or a citizen suit under such environmental law or regula21 tion. 

22 ‘‘(4)(A) An order issued under this subsection that 

23 may result in a conflict with a requirement of any Federal, 

24 State, or local environmental law or regulation shall expire 

25 not later than 90 days after it is issued. The Commission 


jbell on DSK7SPTVN1PROD with BILLS
6 

•HR 4273 RH

1 may renew or reissue such order pursuant to paragraphs 

2 (1) and (2) for subsequent periods, not to exceed 90 days 

3 for each period, as the Commission determines necessary to 

4 meet the emergency and serve the public interest. 

5 ‘‘(B) In renewing or reissuing an order under sub6 paragraph (A), the Commission shall consult with the pri7 mary Federal agency with expertise in the environmental 

8 interest protected by such law or regulation, and shall in9 clude in any such renewed or reissued order such conditions 

10 as such Federal agency determines necessary to minimize 

11 any adverse environmental impacts to the maximum extent 

12 practicable. The conditions, if any, submitted by such Fed13 eral agency shall be made available to the public. The Com14 mission may exclude such a condition from the renewed or 

15 reissued order if it determines that such condition would 

16 prevent the order from adequately addressing the emergency 

17 necessitating such order and provides in the order, or other18 wise makes publicly available, an explanation of such deter19 mination.’’. 

20 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

21 MUNICIPALITIES.—Section 202(d) of the Federal Power Act 

22 (16 U.S.C. 824a(d)) is amended by inserting ‘‘or munici23 pality’’ before ‘‘engaged in the transmission or sale of elec24 tric energy’’. 


jbell on DSK7SPTVN1PROD with BILLS

jbell on DSK7SPTVN1PROD with BILLS
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 

and for other purposes. State, or local environmental law or regulation, may not be considered a violation of any Federal, under section 202(c) of the Federal Power Act 

JULY 9, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


jbell on DSK7SPTVN1PROD with BILLS