II 

118TH CONGRESS 

2D SESSION S. 3855 

To interconnect the Electric Reliability Council of Texas to its neighbors, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 29, 2024 

Mr. MARKEY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To interconnect the Electric Reliability Council of Texas 

to its neighbors, and for other purposes. 

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 ‘‘Connect the Grid Act 

5 of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ABANDONED MINE LAND.—The term 

9 ‘‘abandoned mine land’’ means land, water, or a wa10 tershed that is contaminated or scarred by extracVerDate Sep 11 2014 19:45 Mar 03, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3855.IS S3855

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1 tion, beneficiation, or processing of ores or minerals 

2 (which may include phosphate, but does not include 

3 coal). 

4 (2) BROWNFIELD SITE.—The term ‘‘brownfield 

5 site’’ has the meaning given the term in section 101 

6 of the Comprehensive Environmental Response, 

7 Compensation, and Liability Act of 1980 (42 U.S.C. 

8 9601). 

9 (3) COMMISSION.—The term ‘‘Commission’’ 

10 means the Federal Energy Regulatory Commission. 

11 (4) ELECTRIC RELIABILITY ORGANIZATION.— 

12 The term ‘‘Electric Reliability Organization’’ has the 

13 meaning given the term in section 215(a) of the 

14 Federal Power Act (16 U.S.C. 824o(a)). 

15 (5) ENVIRONMENTAL JUSTICE COMMUNITY.— 

16 The term ‘‘environmental justice community’’ means 

17 a community with significant representation of com18 munities of color, low-income communities, or Tribal 

19 and Indigenous communities that experiences, or is 

20 at risk of experiencing, higher or more adverse 

21 human health or environmental effects. 

22 (6) ERCOT.—The term ‘‘ERCOT’’ means the 

23 Electric Reliability Council of Texas. 

24 (7) GRID-ENHANCING TECHNOLOGY.—The term 

25 ‘‘grid-enhancing technology’’ means a solution that 


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1 increases the transfer capability of high-voltage 

2 transmission facilities. 

3 (8) MISO.—The term ‘‘MISO’’ means the 

4 Midcontinent Independent System Operator trans5 mission organization. 

6 (9) NATIONAL PRIORITIES LIST.—The term 

7 ‘‘National Priorities List’’ means the National Prior8 ities List developed by the President in accordance 

9 with section 105(a)(8)(B) of the Comprehensive En10 vironmental Response, Compensation, and Liability 

11 Act of 1980 (42 U.S.C. 9605(a)(8)(B)). 

12 (10) REGISTERED APPRENTICESHIP PRO13 GRAM.—The term ‘‘registered apprenticeship pro14 gram’’ means an apprenticeship program registered 

15 under the Act of August 16, 1937 (commonly known 

16 as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, 

17 chapter 663; 29 U.S.C. 50 et seq.), that meets the 

18 standards of subpart A of part 29, and part 30, of 

19 title 29, Code of Federal Regulations (or successor 

20 regulations). 

21 (11) RELIABILITY STANDARD.—The term ‘‘reli22 ability standard’’ has the meaning given the term in 

23 section 215(a) of the Federal Power Act (16 U.S.C. 

24 824o(a)). 


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1 (12) SPP.—The term ‘‘SPP’’ means the South2 west Power Pool transmission organization. 

3 (13) TOTAL TRANSFER CAPABILITY.—The term 

4 ‘‘total transfer capability’’ has the meaning given the 

5 term in section 37.6(b)(1)(vi) of title 18, Code of 

6 Federal Regulations (as in effect on the date of en7 actment of this Act). 

8 (14) TRANSMISSION FACILITY.—The term 

9 ‘‘transmission facility’’ means a facility that is used 

10 for the transmission of electric energy in interstate 

11 commerce, including a transmission line. 

12 (15) TRANSMISSION ORGANIZATION.—The term 

13 ‘‘transmission organization’’ has the meaning given 

14 the term in section 215(a) of the Federal Power Act 

15 (16 U.S.C. 824o(a)). 

16 (16) TRIBAL AND INDIGENOUS COMMUNITY.— 

17 The term ‘‘Tribal and Indigenous community’’ 

18 means a population of people who are members of— 

19 (A) a federally recognized Indian Tribe; 

20 (B) a State-recognized Indian Tribe; 

21 (C) an Alaska Native or Native Hawaiian 

22 community or organization; or 

23 (D) any other community of Indigenous 

24 people located in a State. 


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1 (17) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

2 government’’ means the governing body of an Indian 

3 Tribe. 

4 (18) WESTERN INTERCONNECTION.—The term 

5 ‘‘Western Interconnection’’ means the synchronously 

6 operated electric transmission grid located in the 

7 western part of North America, including parts of 

8 Montana, Nebraska, New Mexico, South Dakota, 

9 Texas, Wyoming, and Mexico, and all of Arizona, 

10 California, Colorado, Idaho, Nevada, Oregon, Utah, 

11 Washington, and the Canadian Provinces of British 

12 Columbia and Alberta. 

13 SEC. 3. JURISDICTION WITH RESPECT TO ERCOT. 

14 (a) APPLICATION OF PART II OF THE FEDERAL

15 POWER ACT.—Section 201(b)(2) of the Federal Power 

16 Act (16 U.S.C. 824(b)(2)) is amended— 

17 (1) in the first sentence, by striking ‘‘section 

18 201(f)’’ and inserting ‘‘subsection (f)’’; and 

19 (2) in the second sentence— 

20 (A) by striking ‘‘210, 211, 211A, 212,’’; 

21 and 

22 (B) by striking ‘‘an electric utility or other 

23 entity’’ and inserting ‘‘any entity that is other24 wise exempt under subsection (f)’’. 


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1 (b) DEFINITION OF PUBLIC UTILITY.—Section 

2 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is 

3 amended by striking ‘‘210, 211, 211A, 212,’’. 

4 (c) REPEAL OF ERCOT EXEMPTIONS.— 

5 (1) Section 212 of the Federal Power Act (16 

6 U.S.C. 824k) is amended by striking subsection (k). 

7 (2) Section 216 of the Federal Power Act (16 

8 U.S.C. 824p) is amended by striking subsection (k). 

9 (3) Section 217 of the Federal Power Act (16 

10 U.S.C. 824q) is amended— 

11 (A) by striking subsection (h); and 

12 (B) by redesignating subsections (i) 

13 through (k) as subsections (h) through (j), re14 spectively. 

15 (4) Section 220 of the Federal Power Act (16 

16 U.S.C. 824t) is amended by striking subsection (f). 

17 (d) TECHNICAL CONFERENCE.—Not later than 180 

18 days after the date of enactment of this Act, the Commis19 sion shall convene a technical conference to assist entities 

20 affected by the amendments made by this section with 

21 compliance with any requirements made applicable to 

22 those entities pursuant to those amendments, including by 

23 publishing the steps necessary for such compliance. 


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1 SEC. 4. ELECTRIC RELIABILITY. 

2 (a) AMENDMENTS.—Section 215 of the Federal 

3 Power Act (16 U.S.C. 824o) is amended— 

4 (1) in subsection (a)(3), in the second sentence, 

5 by striking ‘‘enlarge such facilities or to construct 

6 new transmission capacity or generation capacity’’ 

7 and inserting ‘‘construct new generation capacity’’; 

8 and 

9 (2) in subsection (i)(2), by striking ‘‘or trans10 mission’’. 

11 (b) RELIABILITY STANDARD FOR TOTAL TRANSFER

12 CAPABILITY.— 

13 (1) IN GENERAL.—Not later than 30 days after 

14 the date of enactment of this Act, the Commission 

15 shall order the Electric Reliability Organization to 

16 submit to the Commission a proposed reliability 

17 standard that requires minimum total transfer capa18 bility of— 

19 (A) between 4.3 and 12.6 gigawatts be20 tween the area under functional control of 

21 ERCOT and the area under functional control 

22 of SPP; 

23 (B) between 2.5 and 16.2 gigawatts be24 tween the area under functional control of 

25 ERCOT and the area under functional control 

26 of MISO; and 


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1 (C) between 2.6 and 7.9 gigawatts between 

2 the area under functional control of ERCOT 

3 and the Western Interconnection. 

4 (2) CONTENTS.—The Commission may only ap5 prove a proposed reliability standard described in 

6 paragraph (1) if that reliability standard— 

7 (A) requires minimum total transfer capa8 bility as described in paragraph (1); and 

9 (B) requires each of ERCOT and SPP, 

10 ERCOT and MISO, and ERCOT and 1 or 

11 more neighboring balancing authorities in the 

12 Western Interconnection (as determined by the 

13 Electric Reliability Organization) to jointly sub14 mit, not later than 1 year after the date of en15 actment of this Act, a plan that— 

16 (i) designates 1 or more entities to 

17 site and construct new transmission facili18 ties, or modify existing transmission facili19 ties, to achieve the applicable minimum 

20 total transfer capability; and 

21 (ii) includes a timeline for that siting 

22 and construction or modification, which 

23 timeline shall include that such siting and 

24 construction or modification be completed 

25 by January 1, 2035. 


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1 (3) PRIORITY.—Any plan for the siting and 

2 construction or modification of transmission facili3 ties described in paragraph (2)(B) shall prioritize— 

4 (A) the use of grid-enhancing technologies; 

5 (B) the use of existing rights-of-ways, such 

6 as highways and railroads, to site and construct 

7 new transmission facilities; 

8 (C) the siting and construction of new 

9 transmission facilities on degraded land, includ10 ing sites on the National Priorities List, 

11 brownfield sites, landfills, abandoned mine land, 

12 and contaminated or abandoned agricultural 

13 land; 

14 (D) the siting and construction of new 

15 transmission facilities in a manner that expands 

16 access to renewable energy sources, including 

17 wind, solar, and geothermal sources; 

18 (E) providing meaningful community in19 volvement opportunities, including by con20 ducting outreach to— 

21 (i) environmental justice communities, 

22 including by conducting planning meetings, 

23 set at times and places to maximize the 

24 number of community members who can 

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1 ices, including translation and interpreting 

2 services and virtual attendance, in those 

3 environmental justice communities; 

4 (ii) Tribal and Indigenous commu5 nities; 

6 (iii) Tribal governments; and 

7 (iv) relevant labor organizations; and 

8 (F) the use of registered apprenticeship 

9 programs and prevailing wages, as determined 

10 by the Secretary of Labor in accordance with 

11 subchapter IV of chapter 31 of title 40, United 

12 States Code. 

13 (4) ENVIRONMENTAL REVIEW.—Any project to 

14 site, construct, or modify transmission facilities that 

15 is conducted to comply with the reliability standard 

16 described in paragraph (1) shall be subject to the re17 quirements of the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4321 et seq.) and the En19 dangered Species Act of 1973 (16 U.S.C. 1531 et 

20 seq.). 

21 (5) SAVINGS PROVISION.—Nothing in this sub22 section overrides or inhibits the authority of the 

23 Commission to require minimum interregional trans24 fer between regions in a pair or grouping of regions 


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1 other than a pair or grouping of regions described 

2 in subparagraph (A), (B), or (C) of paragraph (1). 

3 (c) CONSIDERATION FOR NATIONAL INTEREST

4 ELECTRIC TRANSMISSION CORRIDORS.—In carrying out 

5 section 216 of the Federal Power Act (16 U.S.C. 824p), 

6 the Secretary of Energy shall consider designating as a 

7 national interest electric transmission corridor any area 

8 in which transmission facilities will be sited and con9 structed or modified pursuant to this section. 

10 SEC. 5. INCREASED BORROWING AUTHORITY UNDER THE 

11 TRANSMISSION FACILITATION PROGRAM. 

12 Section 40106(d)(2) of the Infrastructure Investment 

13 and Jobs Act (42 U.S.C. 18713(d)(2)) is amended by 

14 striking ‘‘$2,500,000,000’’ and inserting 

15 ‘‘$13,500,000,000’’. 

16 SEC. 6. STUDY AND REPORT ON BENEFITS OF INTER17 CONNECTION WITH MEXICO. 

18 (a) DEFINITION OF COVERED FACILITY.—In this 

19 section, the term ‘‘covered facility’’ means a facility for 

20 the generation, transmission, or sale of electric energy. 

21 (b) STUDY AND REPORT.—Not later than 1 year 

22 after the date of enactment of this Act, the Secretary of 

23 Energy shall conduct a study and submit to Congress a 

24 report on— 


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1 (1) the reliability, climate, and cost benefits of 

2 the interconnection of covered facilities in the United 

3 States with covered facilities in Mexico; and 

4 (2) the siting and construction, or modification, 

5 of covered facilities that will bring the most cumu6 lative benefits. 

Æ 


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