IB 

Union Calendar No. 61 

113TH CONGRESS 

1ST SESSION H. R. 271 

[Report No. 113–86] 

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 

MAY 20, 2013 

Additional sponsors: Mr. WALBERG, Mrs. WAGNER, and Mrs. ELLMERS

MAY 20, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 271 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. 


PWALKER on DSK7TPTVN1PROD with BILLS
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•HR 271 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 2013’’. 

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: 

13 ‘‘(2) With respect to an order issued under this sub14 section that may result in a conflict with a requirement 

15 of any Federal, State, or local environmental law or regu16 lation, the Commission shall ensure that such order re17 quires generation, delivery, interchange, or transmission 

18 of electric energy only during hours necessary to meet the 

19 emergency and serve the public interest, and, to the max20 imum extent practicable, is consistent with any applicable 

21 Federal, State, or local environmental law or regulation 

22 and minimizes any adverse environmental impacts. 

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

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

25 under this subsection, including any omission or action 


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1 taken to voluntarily comply with such order, results in 

2 noncompliance with, or causes such party to not comply 

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

4 regulation, such omission or action shall not be considered 

5 a violation of such environmental law or regulation, or 

6 subject such party to any requirement, civil or criminal 

7 liability, or a citizen suit under such environmental law 

8 or regulation. 

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

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

11 State, or local environmental law or regulation shall expire 

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

13 may renew or reissue such order pursuant to paragraphs 

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

15 for each period, as the Commission determines necessary 

16 to meet the emergency and serve the public interest. 

17 ‘‘(B) In renewing or reissuing an order under sub18 paragraph (A), the Commission shall consult with the pri19 mary Federal agency with expertise in the environmental 

20 interest protected by such law or regulation, and shall in21 clude in any such renewed or reissued order such condi22 tions as such Federal agency determines necessary to min23 imize any adverse environmental impacts to the maximum 

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

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


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•HR 271 RH

1 The Commission may exclude such a condition from the 

2 renewed or reissued order if it determines that such condi3 tion would prevent the order from adequately addressing 

4 the emergency necessitating such order and provides in 

5 the order, or otherwise makes publicly available, an expla6 nation of such determination.’’. 

7 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

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

9 Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu10 nicipality’’ before ‘‘engaged in the transmission or sale of 

11 electric energy’’. 


PWALKER on DSK7TPTVN1PROD with BILLS
Union Calendar No. 61 

113TH CONGRESS 

1ST SESSION H. R. 271 

[Report No. 113–86] 

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 

MAY 20, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


PWALKER on DSK7TPTVN1PROD with BILLS