II 

Calendar No. 82 

113TH CONGRESS 

1ST SESSION H. R. 271 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2013 

Received; read the first time 

JUNE 3, 2013 

Read the second time and placed on the calendar 

AN ACT 

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. 

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 2013’’. 

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

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


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HR 271 PCS

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

2 824a(c)) is amended— 

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

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

5 ‘‘(2) With respect to an order issued under this sub6 section that may result in a conflict with a requirement 

7 of any Federal, State, or local environmental law or regu8 lation, the Commission shall ensure that such order re9 quires generation, delivery, interchange, or transmission 

10 of electric energy only during hours necessary to meet the 

11 emergency and serve the public interest, and, to the max12 imum extent practicable, is consistent with any applicable 

13 Federal, State, or local environmental law or regulation 

14 and minimizes any adverse environmental impacts. 

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

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

17 under this subsection, including any omission or action 

18 taken to voluntarily comply with such order, results in 

19 noncompliance with, or causes such party to not comply 

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

21 regulation, such omission or action shall not be considered 

22 a violation of such environmental law or regulation, or 

23 subject such party to any requirement, civil or criminal 

24 liability, or a citizen suit under such environmental law 

25 or regulation. 


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HR 271 PCS

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

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

3 State, or local environmental law or regulation shall expire 

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

5 may renew or reissue such order pursuant to paragraphs 

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

7 for each period, as the Commission determines necessary 

8 to meet the emergency and serve the public interest. 

9 ‘‘(B) In renewing or reissuing an order under sub10 paragraph (A), the Commission shall consult with the pri11 mary Federal agency with expertise in the environmental 

12 interest protected by such law or regulation, and shall in13 clude in any such renewed or reissued order such condi14 tions as such Federal agency determines necessary to min15 imize any adverse environmental impacts to the maximum 

16 extent practicable. The conditions, if any, submitted by 

17 such Federal agency shall be made available to the public. 

18 The Commission may exclude such a condition from the 

19 renewed or reissued order if it determines that such condi20 tion would prevent the order from adequately addressing 

21 the emergency necessitating such order and provides in 

22 the order, or otherwise makes publicly available, an expla23 nation of such determination.’’. 

24 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

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


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HR 271 PCS

1 Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu2 nicipality’’ before ‘‘engaged in the transmission or sale of 

3 electric energy’’. 

Passed the House of Representatives May 22, 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 82 

113TH CONGRESS 

1ST SESSION H. R. 271 

AN ACT 

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 

JUNE 3, 2013 

Read the second time and placed on the calendar 


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