I 

113TH CONGRESS 

1ST SESSION H. R. 271 

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 

JANUARY 15, 2013 

Mr. OLSON (for himself, Mr. GENE GREEN of Texas, Mr. DOYLE, Mr. TERRY, 

and Mr. KINZINGER of Illinois) introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

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. 

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’’. 


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

2 (a) COMPLIANCE WITH OR VIOLATION OF ENVIRON3 MENTAL LAWS WHILE UNDER EMERGENCY ORDER.— 

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

5 824a(c)) is amended— 

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

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

8 ‘‘(2) With respect to an order issued under this sub9 section that may result in a conflict with a requirement 

10 of any Federal, State, or local environmental law or regu11 lation, the Commission shall ensure that such order re12 quires generation, delivery, interchange, or transmission 

13 of electric energy only during hours necessary to meet the 

14 emergency and serve the public interest, and, to the max15 imum extent practicable, is consistent with any applicable 

16 Federal, State, or local environmental law or regulation 

17 and minimizes any adverse environmental impacts. 

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

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

20 under this subsection, including any omission or action 

21 taken to voluntarily comply with such order, results in 

22 noncompliance with, or causes such party to not comply 

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

24 regulation, such omission or action shall not be considered 

25 a violation of such environmental law or regulation, or 

26 subject such party to any requirement, civil or criminal 


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1 liability, or a citizen suit under such environmental law 

2 or regulation. 

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

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

5 State, or local environmental law or regulation shall expire 

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

7 may renew or reissue such order pursuant to paragraphs 

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

9 for each period, as the Commission determines necessary 

10 to meet the emergency and serve the public interest. 

11 ‘‘(B) In renewing or reissuing an order under sub12 paragraph (A), the Commission shall consult with the pri13 mary Federal agency with expertise in the environmental 

14 interest protected by such law or regulation, and shall in15 clude in any such renewed or reissued order such condi16 tions as such Federal agency determines necessary to min17 imize any adverse environmental impacts to the maximum 

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

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

20 The Commission may exclude such a condition from the 

21 renewed or reissued order if it determines that such condi22 tion would prevent the order from adequately addressing 

23 the emergency necessitating such order and provides in 

24 the order, or otherwise makes publicly available, an expla25 nation of such determination.’’. 


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1 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

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

3 Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu4 nicipality’’ before ‘‘engaged in the transmission or sale of 

5 electric energy’’. 

Æ 


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