I 

118TH CONGRESS 

1ST SESSION H. R. 6747 

To speed up the deployment of electricity transmission and clean energy, 

with proper input from affected communities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2023 

Mr. CASTEN (for himself, Mr. LEVIN, Mr. GRIJALVA, Ms. CASTOR of Florida, 

Ms. LEE of Nevada, Mr. QUIGLEY, Mr. TONKO, Ms. MATSUI, Mr. 

BEYER, Mr. CARTWRIGHT, Ms. PINGREE, Ms. PORTER, Mr. CONNOLLY, 

Ms. JAYAPAL, Ms. KUSTER, Ms. BARRAGA ́N, Mr. BLUMENAUER, Ms. 

BONAMICI, Ms. BROWNLEY, Ms. BUDZINSKI, Mr. CARBAJAL, Mr. CARTER of Louisiana, Mr. CLEAVER, Mr. COHEN, Ms. CROCKETT, Mr. 

CROW, Mr. DESAULNIER, Mrs. DINGELL, Ms. ESCOBAR, Ms. ESHOO, Mr. 

FOSTER, Mrs. FOUSHEE, Mr. GOLDMAN of New York, Mr. GOMEZ, Mr. 

HUFFMAN, Mr. JACKSON of Illinois, Ms. JACOBS, Ms. KAMLAGER-DOVE, 

Mr. KHANNA, Mr. KIM of New Jersey, Mr. KRISHNAMOORTHI, Mr. LARSEN of Washington, Mr. LIEU, Ms. LOFGREN, Ms. MCCLELLAN, Mr. 

MCGARVEY, Mr. MCGOVERN, Mr. MULLIN, Mr. NADLER, Mr. NEGUSE, 

Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. PETTERSEN, Mr. RASKIN, Ms. 

ROSS, Ms. SALINAS, Ms. SA ́NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. 

SCHAKOWSKY, Mr. SCHNEIDER, Mr. SCOTT of Virginia, Mr. SMITH of 

Washington, Mr. SORENSEN, Ms. SPANBERGER, Ms. STANSBURY, Ms. 

STEVENS, Mr. TAKANO, Ms. TOKUDA, Mrs. TRAHAN, Mr. TRONE, Mr. 

VARGAS, Ms. WEXTON, Ms. WILD, and Ms. WILLIAMS of Georgia) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committees on Ways and Means, 

Natural Resources, Agriculture, the Judiciary, Transportation and Infrastructure, Financial Services, Oversight and Accountability, and the 

Budget, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To speed up the deployment of electricity transmission and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6747 IH

clean energy, with proper input from affected communities, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Clean Electricity and Transmission Acceleration Act of 

6 2023’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—IMPROVEMENT OF NATIONAL ELECTRICITY 

TRANSMISSION CAPACITY 

Sec. 101. Definitions. 

Sec. 102. Improvement of interregional electric transmission planning. 

Sec. 103. Allocation of costs of interregional electric transmission facilities. 

Sec. 104. Allocation of costs of electricity interconnection and network upgrades. 

Sec. 105. Deployment of grid enhancing assets. 

Sec. 106. Protection of electricity reliability through improved interregional 

transfer capability. 

Sec. 107. Increased FERC transmission siting authority. 

Sec. 108. Facilitation of efficient environmental review of the designation of national interest electric transmission corridors. 

Sec. 109. Increased flexibility for Federal transmission financing. 

Sec. 110. Establishment of transmission investment tax credit. 

TITLE II—IMPROVEMENT OF GOVERNANCE AND EFFICIENCY OF 

THE GRID 

Sec. 201. Authorization to establish FERC Office of Electricity Transmission. 

Sec. 202. Support for FERC Staffing. 

Sec. 203. Evaluation of FERC fee assessments. 

Sec. 204. Establishment of independent transmission monitors. 

Sec. 205. Assurance of interoperability of offshore electric transmission infrastructure. 

Sec. 206. Aggregator bidding into organized wholesale electric markets. 

Sec. 207. Expansion of community solar. 

Sec. 208. Establishment of program to facilitate voluntary streamlined process 

for local permitting of qualifying distributed energy systems. 

Sec. 209. Mitigation of the shortage of electricity transformers. 

Sec. 210. Study of next generation highways. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 6747 IH

TITLE III—MODERNIZATION OF ELECTRICITY RATEMAKING 

Sec. 301. Reflection of the cost of greenhouse gas emissions in rates. 

Sec. 302. Facilitation of performance-based ratemaking. 

TITLE IV—FACILITATION OF CLEAN ENERGY DEPLOYMENT ON 

PUBLIC LAND 

Sec. 401. Definitions. 

Sec. 402. Establishment of national goal for renewable energy production on 

Federal land. 

Sec. 403. Requirement for land use planning and updates to programmatic environmental impact statements. 

Sec. 404. Limited exemptions from new requirements. 

Sec. 405. Distribution of revenues. 

Sec. 406. Incentives for renewable energy development in priority areas. 

Sec. 407. Savings clause. 

TITLE V—MODERNIZATION OF OFFSHORE RENEWABLE ENERGY 

PERMITTING 

Sec. 501. Establishment of national offshore wind permitting target. 

Sec. 502. Increased responsible development of offshore renewable energy 

projects. 

Sec. 503. Establishment of Offshore Renewable Energy Compensation Fund. 

TITLE VI—EMPOWERMENT OF COMMUNITIES 

Sec. 601. Establishment of Office of Environmental Justice and External Civil 

Rights. 

Sec. 602. Establishment of White House Environmental Justice Interagency 

Council. 

Sec. 603. Prohibition on disparate impact discrimination. 

Sec. 604. Provision for right of action. 

Sec. 605. Provision for rights of recovery. 

Sec. 606. Requirement for community impact reports. 

Sec. 607. Engagement with environmental justice communities and Indian 

Tribes in NEPA Reviews. 

Sec. 608. Requirement of notices of intent to prepare environmental documents. 

Sec. 609. Avoidance of cumulative impacts through NEPA. 

Sec. 610. Inclusion of greenhouse gas projections in NEPA reviews. 

Sec. 611. Establishment of community benefits agreements. 

Sec. 612. Requirement of timely public release of NEPA documentation. 

Sec. 613. Establishment of grants for capacity building and community engagement. 

Sec. 614. Establishment of fees for environmental reviews and authorizations 

for projects. 

Sec. 615. Establishment of interagency environmental data system. 

Sec. 616. Transference of unobligated balances for use under the Endangered 

Species Act. 

Sec. 617. Designation of senior community engagement officers and Tribal 

community engagement officers. 

Sec. 618. Establishment of FERC Environmental Justice Liaison. 

Sec. 619. Requirement for intervenor funding at FERC Office of Public Participation. 

Sec. 620. Reform of RTO and ISO governance and participation. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 6747 IH

Sec. 621. Savings clause. 

Sec. 622. Definitions. 

1 TITLE I—IMPROVEMENT OF NA2 TIONAL ELECTRICITY TRANS3 MISSION CAPACITY 

4 SEC. 101. DEFINITIONS. 

5 Section 3 of the Federal Power Act (16 U.S.C. 796) 

6 is amended by adding at the end the following: 

7 ‘‘(30) ENERGY STORAGE PROJECT.—The term 

8 ‘energy storage project’ means equipment that re9 ceives, stores, and delivers energy using batteries, 

10 compressed air, pumped hydropower, hydrogen stor11 age (including hydrolysis), thermal energy storage, 

12 regenerative fuel cells, flywheels, capacitors, super13 conducting magnets, or other technologies identified 

14 by the Secretary of Energy. 

15 ‘‘(31) GENERATING FACILITY.—The term ‘gen16 erating facility’ means any facility that generates 

17 electricity. 

18 ‘‘(32) GENERATOR TIE LINE.—The term ‘gen19 erator tie line’ means a dedicated transmission line 

20 that is used to transmit power from a generating fa21 cility or an energy storage project to a transmission 

22 facility or a transmission system. 

23 ‘‘(33) GREENHOUSE GAS.—The term ‘green24 house gas’ includes each of the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 6747 IH

1 ‘‘(A) Carbon dioxide. 

2 ‘‘(B) Methane. 

3 ‘‘(C) Nitrous oxide. 

4 ‘‘(D) Sulfur hexafluoride. 

5 ‘‘(E) Any hydrofluorocarbon. 

6 ‘‘(F) Any perfluorocarbon. 

7 ‘‘(G) Nitrogen trifluoride. 

8 ‘‘(H) Any fully fluorinated linear, 

9 branched, or cyclic— 

10 ‘‘(i) alkane; 

11 ‘‘(ii) ether; 

12 ‘‘(iii) tertiary amine; or 

13 ‘‘(iv) aminoether. 

14 ‘‘(I) Any perfluoropolyether. 

15 ‘‘(J) Any hydrofluoropolyether. 

16 ‘‘(K) Any other fluorocarbon, except for a 

17 fluorocarbon with a vapor pressure of less than 

18 1 mm of Hg absolute at 25 degrees Celsius. 

19 ‘‘(34) GRID ENHANCING ASSET.—The term 

20 ‘grid enhancing asset’— 

21 ‘‘(A) means a resource, technology, or pro22 cedure that, when utilized— 

23 ‘‘(i) increases the capacity, efficiency, 

24 or reliable operation of a transmission sys25 tem; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 6747 IH

1 ‘‘(ii) defers or eliminates the need for 

2 a new transmission facility; 

3 ‘‘(B) may include— 

4 ‘‘(i) distributed electricity generation 

5 resources; 

6 ‘‘(ii) power flow control and trans7 mission switching equipment; 

8 ‘‘(iii) an energy storage project; 

9 ‘‘(iv) topology optimization tech10 nology; 

11 ‘‘(v) dynamic line rating technology; 

12 ‘‘(vi) advanced transmission tech13 nologies, such as composite reinforced alu14 minum conductors or high temperature 

15 superconductors; 

16 ‘‘(vii) technologies or procedures that 

17 increase the flexibility of the demand for 

18 electricity; 

19 ‘‘(viii) other resources, technologies, 

20 or procedures that increase energy effi21 ciency, capacity, or reliability; and 

22 ‘‘(ix) a combination of the resources, 

23 technologies, or procedures described in 

24 clauses (i) through (viii); and 

25 ‘‘(C) does not include a facility for— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 6747 IH

1 ‘‘(i) the transmission of electricity; or 

2 ‘‘(ii) the generation of electricity. 

3 ‘‘(35) INTERCONNECTION CUSTOMER.—The 

4 term ‘interconnection customer’ means an entity, or 

5 any affiliates or subsidiaries of an entity, that pro6 poses to interconnect a generating facility or an en7 ergy storage project to a transmission facility or 

8 transmission system. 

9 ‘‘(36) TRANSMISSION BENEFITS.—The term 

10 ‘transmission benefits’ means the broad range of 

11 economic, operational, safety, resilience, public pol12 icy, and environmental benefits (as assessed by the 

13 Commission in accordance with section 224(e)) and 

14 other reasonably anticipated benefits of constructing, 

15 modifying, or operating a transmission facility, in16 cluding— 

17 ‘‘(A) improved reliability; 

18 ‘‘(B) improved resilience; 

19 ‘‘(C) improved safety; 

20 ‘‘(D) reduced congestion; 

21 ‘‘(E) reduced power losses; 

22 ‘‘(F) greater carrying capacity; 

23 ‘‘(G) reduced operating reserve require24 ments; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 6747 IH

1 ‘‘(H) improved access to lower-cost elec2 tricity generation; 

3 ‘‘(I) improved access to electricity gener4 ating facilities with no direct emissions of 

5 greenhouse gases; 

6 ‘‘(J) improved public health from the clo7 sure of electricity generation facilities that emit 

8 harmful pollution; 

9 ‘‘(K) increased competition and market li10 quidity in electricity markets; 

11 ‘‘(L) improved energy resilience and resil12 ience of Department of Defense installations; 

13 and 

14 ‘‘(M) other potential benefits of increasing 

15 the interconnectedness of the electric grid. 

16 ‘‘(37) NETWORK UPGRADE.—The term ‘net17 work upgrade’ means— 

18 ‘‘(A) any addition to or expansion of any 

19 transmission facility or transmission system; 

20 ‘‘(B) the construction of a new trans21 mission facility that will become part of a trans22 mission system; 

23 ‘‘(C) the addition of an energy storage 

24 project to a transmission facility or a trans25 mission system; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 6747 IH

1 ‘‘(D) any construction, deployment, or ad2 dition of a grid enhancing asset to a trans3 mission facility or a transmission system that 

4 eliminates or reduces the need to carry out any 

5 of the activities described in subparagraphs (A) 

6 through (C). 

7 ‘‘(38) PARTICIPANT FUNDING.—The term ‘par8 ticipant funding’ means any cost allocation method 

9 under which an interconnection customer is required 

10 to pay, without reimbursement, all or a dispropor11 tionate amount of the costs of a network upgrade 

12 that is determined by the Commission to be nec13 essary to ensure the reliable interconnection of the 

14 interconnection customer’s generating facility or en15 ergy storage project. 

16 ‘‘(39) TRANSMISSION PLANNING REGION.—The 

17 term ‘transmission planning region’ means a region 

18 for which electric transmission planning is appro19 priate, as determined by the Commission, including 

20 a region approved by the Commission to meet the 

21 requirements of the final rule titled ‘Transmission 

22 Planning and Cost Allocation by Transmission Own23 ing and Operating Public Utilities’ published in the 

24 Federal Register on October 4, 2012 (77 Fed. Reg. 

25 60689). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 6747 IH

1 ‘‘(40) TRANSMISSION SYSTEM.—For purposes 

2 of sections 224, 226, 227, and 229, the term ‘trans3 mission system’ means a network of transmission fa4 cilities used for the transmission of electric energy in 

5 interstate commerce.’’. 

6 SEC. 102. IMPROVEMENT OF INTERREGIONAL ELECTRIC 

7 TRANSMISSION PLANNING. 

8 Part II of the Federal Power Act (16 U.S.C. 824 et 

9 seq.) is amended by adding at the end the following: 

10 ‘‘SEC. 224. IMPROVING INTERREGIONAL ELECTRIC TRANS11 MISSION PLANNING. 

12 ‘‘(a) IN GENERAL.—Not later than 18 months after 

13 the date of enactment of this section, the Commission 

14 shall issue regulations requiring each Transmission Orga15 nization to, not later than 3 years after the date of enact16 ment of this section and at least every 3 years thereafter, 

17 file with the Commission a plan that identifies, and to fa18 cilitate the construction of, interregional electric trans19 mission projects that are efficient, cost-effective, and 

20 broadly beneficial. 

21 ‘‘(b) CONSIDERATIONS.—In determining the require22 ments for a plan described in subsection (a), the Commis23 sion shall take into consideration— 

24 ‘‘(1) the need for the transmission systems to 

25 operate for a minimum of 20 years and across a 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 6747 IH

1 wide range of scenarios, including scenarios that 

2 take into account— 

3 ‘‘(A) Federal, State, and local laws and 

4 regulations, and other factors that affect elec5 tricity demand and the current and future gen6 eration resource mix; 

7 ‘‘(B) trends in technology and fuel costs; 

8 ‘‘(C) the retirement of generation facilities, 

9 energy storage projects, and transmission facili10 ties; 

11 ‘‘(D) generator interconnection requests 

12 and withdrawals; and 

13 ‘‘(E) extreme weather events; 

14 ‘‘(2) the public interest; 

15 ‘‘(3) the integrity of electricity markets; 

16 ‘‘(4) the protection of consumers; 

17 ‘‘(5) the need to optimize transmission benefits; 

18 ‘‘(6) the need for an individual interregional 

19 transmission project to secure approvals based on a 

20 comprehensive assessment of the multiple benefits 

21 provided; 

22 ‘‘(7) the importance of synchronization of plan23 ning processes in neighboring regions, such as using 

24 a joint model on a consistent timeline with a single 

25 set of needs, input assumptions, and benefit metrics; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 6747 IH

1 ‘‘(8) the need for an individual interregional 

2 transmission project that is identified under a 

3 Transmission Organization’s plan filed under this 

4 section not to be subject to any subsequent planning 

5 process by another Transmission Organization; 

6 ‘‘(9) that evaluation of long-term scenarios 

7 should align with the expected life of an element of 

8 a transmission system; 

9 ‘‘(10) that a Transmission Organization should 

10 allow for the identification and joint evaluation of al11 ternatives proposed by stakeholders; 

12 ‘‘(11) the need to eliminate arbitrary project 

13 voltage, size, or cost requirements for transmission 

14 projects; 

15 ‘‘(12) the applicability of grid enhancing assets; 

16 and 

17 ‘‘(13) data and analyses provided by the Sec18 retary of Energy, including as provided by the Na19 tional Laboratories, regarding any of the items de20 scribed in paragraphs (1) through (12). 

21 ‘‘(c) COMMISSION APPROVAL.—The Commission 

22 shall approve or deny a plan filed under this section based 

23 on whether it meets the requirements under the regula24 tions issued under subsection (a). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 6747 IH

1 ‘‘(d) REPORT.—Not later than 12 months after the 

2 issuance of regulations under subsection (a) and annually 

3 thereafter, the Commission shall publish in the Federal 

4 Register a report on the progress by each Transmission 

5 Organization in identifying and facilitating the construc6 tion of interregional electric transmission projects, includ7 ing a description of the transmission benefits associated 

8 with such projects. 

9 ‘‘(e) ENVIRONMENTAL BENEFITS.—In assessing the 

10 reduction in greenhouse gas emissions and other environ11 mental benefits associated with any activity undertaken 

12 pursuant to this Act, the Commission may use any rel13 evant analysis or other information conducted or provided 

14 by the Council on Environmental Quality and the Environ15 mental Protection Agency.’’. 

16 SEC. 103. ALLOCATION OF COSTS OF INTERREGIONAL 

17 ELECTRIC TRANSMISSION FACILITIES. 

18 Part II of the Federal Power Act (16 U.S.C. 824 et 

19 seq.) is further amended by adding at the end the fol20 lowing: 

21 ‘‘SEC. 225. ALLOCATION OF COSTS OF TRANSMISSION FA22 CILITIES OF NATIONAL SIGNIFICANCE. 

23 ‘‘(a) ALLOCATION OF COSTS.— 

24 ‘‘(1) IN GENERAL.—Any transmitting utility 

25 that owns, controls, or operates a transmission facilVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 6747 IH

1 ity of national significance, or proposes to own, con2 trol, or operate a transmission facility of national 

3 significance, may file a tariff with the Commission 

4 in accordance with section 205 allocating the costs 

5 of constructing, modifying, and operating such 

6 transmission facility of national significance in ac7 cordance with paragraph (2). 

8 ‘‘(2) COST ALLOCATION PRINCIPLE.—The Com9 mission shall require that any tariff described in 

10 paragraph (1) allocate the cost to construct, modify, 

11 and operate a transmission facility of national sig12 nificance to customers within the applicable trans13 mission planning region or regions in a manner that 

14 is roughly commensurate with the reasonably antici15 pated transmission benefits. 

16 ‘‘(b) DEFINITION OF TRANSMISSION FACILITY OF

17 NATIONAL SIGNIFICANCE.—In this section, the term 

18 ‘transmission facility of national significance’ means— 

19 ‘‘(1) an interstate electric power transmission 

20 line (and any facilities necessary for the operation of 

21 such electric power transmission line)— 

22 ‘‘(A) that has a transmission capacity of 

23 not less than 1,000 megawatts; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 6747 IH

1 ‘‘(B) the construction of which is com2 pleted on or after the date of enactment of this 

3 section; 

4 ‘‘(2) an electric power transmission line (and 

5 any facilities necessary for the operation of such 

6 electric power transmission line) that is located off7 shore, the construction of which is completed on or 

8 after the date of enactment of this section; or 

9 ‘‘(3) an expansion of, or upgrade to, an inter10 state electric power transmission line (and any facili11 ties necessary for the operation of such electric 

12 power transmission line) that— 

13 ‘‘(A) increases the transmission capacity of 

14 such electric power transmission line by at least 

15 500 megawatts; and 

16 ‘‘(B) the construction of which is com17 pleted on or after the date of enactment of this 

18 section. 

19 ‘‘(c) SAVINGS PROVISION.—This section does not af20 fect the authority of the Commission to approve the alloca21 tion of costs of transmission facilities other than trans22 mission facilities of national significance.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 6747 IH

1 SEC. 104. ALLOCATION OF COSTS OF ELECTRICITY INTER2 CONNECTION AND NETWORK UPGRADES. 

3 Part II of the Federal Power Act (16 U.S.C. 824 et 

4 seq.) is further amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 226. ALLOCATION OF COSTS OF ELECTRICITY INTER7 CONNECTION AND NETWORK UPGRADES. 

8 ‘‘(a) IN GENERAL.—Not later than 18 months after 

9 the date of enactment of this section, the Commission 

10 shall issue regulations, under section 206, that prohibit 

11 the use of exclusive or disproportionate participant fund12 ing in allocating the costs of a network upgrade. 

13 ‘‘(b) REQUIREMENTS.—In prohibiting the use of ex14 clusive or disproportionate participant funding under the 

15 regulations issued under subsection (a), the Commission 

16 shall, except as provided in subsection (c), require that 

17 each transmitting utility— 

18 ‘‘(1) shall not allocate the costs of a network 

19 upgrade solely or disproportionately to the request20 ing interconnection customer; and 

21 ‘‘(2) shall allocate the costs of a network up22 grade in a manner that is roughly commensurate 

23 with reasonably anticipated transmission benefits. 

24 ‘‘(c) EXCEPTIONS.— 

25 ‘‘(1) GENERATOR TIE LINES.—A transmitting 

26 utility may require an interconnection customer to 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 6747 IH

1 pay for the costs to construct or modify any gener2 ator tie lines that will be used to transmit power 

3 from the interconnection customer’s generating facil4 ity or energy storage project, as applicable, to the 

5 transmission facility or the transmission system. 

6 ‘‘(2) VOLUNTARY PAYMENT.— 

7 ‘‘(A) IN GENERAL.—An interconnection 

8 customer may pay upfront some or all of the 

9 costs of a network upgrade at the transmission 

10 facility or transmission system to which the 

11 interconnection customer plans to interconnect 

12 its generating facility or energy storage facility 

13 in accordance with subparagraph (B). 

14 ‘‘(B) REFUND.— 

15 ‘‘(i) IN GENERAL.—Any interconnec16 tion customer that pays costs under sub17 paragraph (A) shall be refunded, in ac18 cordance with clause (ii), the amount of 

19 such costs that would otherwise be allo20 cated to other parties pursuant to the 

21 Commission’s regulations issued under this 

22 section. 

23 ‘‘(ii) PERIOD OF REFUND.—The re24 fund of costs under clause (i) shall be com25 plete not later than the date that is 10 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 6747 IH

1 years after the date on which the network 

2 upgrade is complete. 

3 ‘‘(3) SOLE BENEFICIARY.—A transmitting util4 ity may require an interconnection customer to ex5 clusively pay for the costs of a network upgrade if 

6 the transmission benefits of the network upgrade 

7 will only be received by the interconnection cus8 tomer. 

9 ‘‘(d) EFFECTIVE DATE OF REGULATIONS.—The 

10 Commission shall require transmitting utilities to comply 

11 with the regulations issued under subsection (a) not later 

12 than 180 days after such regulations have been finalized.’’. 

13 SEC. 105. DEPLOYMENT OF GRID ENHANCING ASSETS. 

14 Part II of the Federal Power Act (16 U.S.C. 824 et 

15 seq.) is further amended by adding at the end the fol16 lowing: 

17 ‘‘SEC. 227. GRID ENHANCING ASSETS. 

18 ‘‘(a) DEPLOYMENT OF GRID ENHANCING ASSETS.— 

19 Not later than 18 months after the date of enactment of 

20 the Clean Electricity and Transmission Acceleration Act 

21 of 2023, the Commission shall issue regulations to require 

22 the following: 

23 ‘‘(1) CONSULTATION; STUDY.—With respect to 

24 processing a request from an interconnection cus25 tomer to interconnect a generating facility or an enVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 6747 IH

1 ergy storage project to a transmission facility or 

2 transmission system, the transmitting utility, as ap3 plicable, shall— 

4 ‘‘(A) consult with the relevant owner or op5 erator of the transmission facility or trans6 mission system, and the interconnection cus7 tomer, regarding deploying grid enhancing as8 sets at the transmission facility or transmission 

9 system in addition to, or as a substitute to, car10 rying out a transmission expansion or addition 

11 at the transmission facility or transmission sys12 tem, including to maximize utilization of exist13 ing transmission facilities, environmental justice 

14 and resilience benefits for communities, and 

15 protection of wildlife; and 

16 ‘‘(B) study the efficacy of deploying grid 

17 enhancing assets to maximize the utilization of 

18 existing transmission facilities, environmental 

19 justice and resilience benefits for communities, 

20 and the protection of wildlife. 

21 ‘‘(2) DEPLOYMENT.— 

22 ‘‘(A) IN GENERAL.—An interconnection 

23 customer that is consulted with under para24 graph (1) may request that the grid enhancing 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 6747 IH

1 asset that was the subject of such consultation 

2 be deployed. 

3 ‘‘(B) DETERMINATION.—The transmitting 

4 utility of the transmission facility or trans5 mission system to which such grid enhancing 

6 asset would be deployed shall determine wheth7 er to deploy such grid enhancing asset. If the 

8 transmitting utility of the transmission facility 

9 or transmission system determines not to de10 ploy such grid enhancing asset, the interconnec11 tion customer may appeal the determination 

12 under subparagraph (C). 

13 ‘‘(C) APPEAL.— 

14 ‘‘(i) IN GENERAL.—An interconnec15 tion customer that requests deployment of 

16 a grid enhancing asset under subparagraph 

17 (A) may submit to the Commission a re18 quest to appeal a determination under sub19 paragraph (B) to not deploy the grid en20 hancing asset. 

21 ‘‘(ii) DETERMINATION.—Not later 

22 than 90 days after an interconnection cus23 tomer submits a request under clause (i), 

24 the Commission shall determine whether to 

25 require the transmitting utility to deploy 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 6747 IH

1 the grid enhancing asset that is the subject 

2 of the appeal. 

3 ‘‘(iii) CONSIDERATION.—In making a 

4 determination under clause (ii), the Com5 mission shall consider— 

6 ‘‘(I) the impact of the deploy7 ment of grid enhancing assets on the 

8 operational reliability of the trans9 mission facility or transmission sys10 tem; 

11 ‘‘(II) whether the grid enhancing 

12 asset is cost-competitive and capacity 

13 competitive with a transmission ex14 pansion or addition at the trans15 mission facility or transmission sys16 tem; and 

17 ‘‘(III) other factors determined 

18 appropriate by the Commission. 

19 ‘‘(b) EFFECTIVE DATE OF REGULATIONS.—The 

20 Commission shall require transmitting utilities to comply 

21 with the regulations issued under subsection (a) not later 

22 than 180 days after such regulations have been finalized. 

23 ‘‘(c) JUST AND REASONABLE COST ALLOCATION.— 

24 In carrying out sections 205 and 206, the Commission 

25 shall allow costs associated with deploying grid enhancing 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 6747 IH

1 assets to be allocated to customers that receive trans2 mission benefits from such grid enhancing assets.’’. 

3 SEC. 106. PROTECTION OF ELECTRICITY RELIABILITY 

4 THROUGH IMPROVED INTERREGIONAL 

5 TRANSFER CAPABILITY. 

6 Part II of the Federal Power Act (16 U.S.C. 824 et 

7 seq.) is further amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 228. PROTECTING ELECTRICITY RELIABILITY BY IM10 PROVING INTERREGIONAL TRANSFER CAPA11 BILITY. 

12 ‘‘(a) RULEMAKING.—Notwithstanding the require13 ments of section 322 of the Fiscal Responsibility Act 

14 (Public Law 118–5), not later than 24 months after the 

15 date of enactment of the Clean Electricity and Trans16 mission Acceleration Act of 2023, the Commission shall, 

17 pursuant to section 206, issue regulations that establish 

18 requirements for minimum transfer capability, as de19 scribed under subsection (b), between transmission plan20 ning regions. 

21 ‘‘(b) MINIMUM TRANSFER CAPABILITY.—The aggre22 gate minimum interregional transfer capability for each 

23 transmission planning region and its neighboring trans24 mission planning region shall be not less than 30 percent 

25 of its own peak electricity demand, or in the case of a 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 6747 IH

1 transmission planning region that borders only 1 other 

2 transmission planning region, not less than 15 percent of 

3 its own peak electricity demand, unless the Commission 

4 finds, upon a showing by a transmission planning region, 

5 that a lower transfer capability can achieve the same or 

6 greater transmission benefits.’’. 

7 SEC. 107. INCREASED FERC TRANSMISSION SITING AU8 THORITY. 

9 (a) IN GENERAL.—Part II of the Federal Power Act 

10 (16 U.S.C. 824 et seq.) is further amended by adding at 

11 the end the following: 

12 ‘‘SEC. 229. SITING OF CERTAIN INTERSTATE ELECTRIC 

13 TRANSMISSION FACILITIES. 

14 ‘‘(a) CERTIFICATE OF PUBLIC CONVENIENCE AND

15 NECESSITY.— 

16 ‘‘(1) IN GENERAL.—On receipt of an applica17 tion under subsection (b)(1) relating to an electric 

18 transmission facility described in paragraph (2), the 

19 Commission, after making the finding described in 

20 paragraph (3) with respect to such electric trans21 mission facility, shall, by order which is published in 

22 the Federal Register, issue to the person who sub23 mitted such application a certificate of public con24 venience and necessity for the construction, modi25 fication, or operation of such electric transmission 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 6747 IH

1 facility, subject to such reasonable terms and condi2 tions as the Commission determines to be appro3 priate. 

4 ‘‘(2) ELECTRIC TRANSMISSION FACILITY DE5 SCRIBED.—An electric transmission facility referred 

6 to in paragraph (1) is an electric transmission facil7 ity that— 

8 ‘‘(A) traverses or, on construction or modi9 fication in accordance with a certificate of pub10 lic convenience and necessity issued under that 

11 paragraph, will traverse not fewer than 2 

12 States; 

13 ‘‘(B) is used for the transmission of elec14 tric energy in interstate commerce; and 

15 ‘‘(C) has a power capacity of not less than 

16 1,000 megawatts. 

17 ‘‘(3) FINDING DESCRIBED.—The finding re18 ferred to in paragraph (1) is a finding that— 

19 ‘‘(A) the applicant for a certificate of pub20 lic convenience and necessity is able and will21 ing— 

22 ‘‘(i) to carry out the activities and 

23 perform the services proposed in the appli24 cation in a manner determined to be ap25 propriate by the Commission; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 6747 IH

1 ‘‘(ii) to achieve compliance with the 

2 applicable requirements of— 

3 ‘‘(I) this part; and 

4 ‘‘(II) any rules and regulations 

5 promulgated by the Commission pur6 suant to this part; 

7 ‘‘(B) the electric transmission facility to be 

8 constructed, modified, or operated under the 

9 certificate of public convenience and necessity 

10 will— 

11 ‘‘(i) traverse not fewer than 2 States; 

12 ‘‘(ii) be used for the transmission of 

13 electric energy in interstate commerce; and 

14 ‘‘(iii) have a power capacity of not less 

15 than 1,000 megawatts; and 

16 ‘‘(C) construction, modification, or oper17 ation of the electric transmission facility, as 

18 proposed in the application— 

19 ‘‘(i) will— 

20 ‘‘(I) enable the use of renewable 

21 energy; 

22 ‘‘(II) reduce congestion of the ap23 plicable transmission system or trans24 mission systems; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 6747 IH

1 ‘‘(III) improve the operational re2 liability of the applicable transmission 

3 system or transmission systems; or 

4 ‘‘(IV) provide system resilience 

5 between regions of the applicable 

6 transmission system or transmission 

7 systems; 

8 ‘‘(ii) will maximize, to the extent rea9 sonable and economical, the use of— 

10 ‘‘(I) existing facility sites; and 

11 ‘‘(II) the transmission capabili12 ties of existing electric transmission 

13 facilities; and 

14 ‘‘(iii) will, to the extent practicable, 

15 minimize the use of eminent domain. 

16 ‘‘(4) RULEMAKING.—Not later than 18 months 

17 after the date of enactment of this section, the Com18 mission shall issue regulations specifying— 

19 ‘‘(A) a pre-filing process during which a 

20 person described in subsection (b)(1) and the 

21 Commission shall consult with— 

22 ‘‘(i) the State commission for each 

23 State through which the applicable electric 

24 transmission facility will traverse; 

25 ‘‘(ii) appropriate Federal agencies; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•HR 6747 IH

1 ‘‘(iii) each Indian Tribe that may be 

2 affected by the proposed project to con3 struct, modify, or operate an electric trans4 mission facility; and 

5 ‘‘(iv) the appropriate Transmission 

6 Organization; 

7 ‘‘(B) the form of, and information to be 

8 contained in, an application submitted under 

9 subsection (b)(1); 

10 ‘‘(C) requirements for determining whether 

11 the applicable electric transmission facility 

12 will— 

13 ‘‘(i) traverse not fewer than 2 States; 

14 ‘‘(ii) be used for the transmission of 

15 electric energy in interstate commerce; and 

16 ‘‘(iii) have a power capacity of not less 

17 than 1,000 megawatts; 

18 ‘‘(D) criteria for determining the reason19 able and economical use of— 

20 ‘‘(i) existing rights-of-way; and 

21 ‘‘(ii) the transmission capabilities of 

22 existing towers or structures; 

23 ‘‘(E) the manner in which an application 

24 submitted under subsection (b)(1) shall be con25 sidered, which, to the extent practicable, shall 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•HR 6747 IH

1 be consistent with State statutory and regu2 latory policies concerning generation and retail 

3 sales of electricity in the States in which the 

4 electric energy transmitted by the electric trans5 mission facility will be generated or sold; and 

6 ‘‘(F) the manner in which the Commission 

7 will consider the needs of communities that will 

8 be impacted directly by the applicable electric 

9 transmission facility, including how any impacts 

10 of the electric transmission facility could be 

11 mitigated or offset. 

12 ‘‘(5) PUBLICATION, PUBLIC COMMENT, AND

13 HEARINGS FOR CERTAIN NOTICE OF INTENT AND

14 DRAFT ENVIRONMENTAL IMPACT STATEMENTS.— 

15 ‘‘(A) PUBLICATION.—The Commission 

16 shall publish in the Federal Register a notice of 

17 intent to prepare an environmental impact 

18 statement and a draft environmental impact 

19 statement with respect to an application for a 

20 certificate of public convenience and necessity 

21 that has been submitted under subsection 

22 (b)(1). 

23 ‘‘(B) PUBLIC COMMENT.—The Commission 

24 shall provide not less than 60 days for public 

25 comment on each notice of intent and draft enVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•HR 6747 IH

1 vironmental impact statement published under 

2 subparagraph (A). 

3 ‘‘(C) HEARING.—The Commission shall 

4 provide to the individuals and entities described 

5 in paragraph (6)(B) a reasonable opportunity 

6 for presentation, in at least one public hearing, 

7 of any views and recommendations on each no8 tice of intent and each draft environmental im9 pact statement published under subparagraph 

10 (A). The Commission shall publish in the Fed11 eral Register notice of any hearing held under 

12 this subparagraph. 

13 ‘‘(6) NOTICE AND OPPORTUNITY FOR A HEAR14 ING ON APPLICATIONS.— 

15 ‘‘(A) IN GENERAL.—In any proceeding be16 fore the Commission to consider an application 

17 for a certificate of public convenience and ne18 cessity under this section, the Commission 

19 shall— 

20 ‘‘(i) publish a notice of the application 

21 in the Federal Register; 

22 ‘‘(ii) provide written notice of such ap23 plication to all affected landowners in ac24 cordance with subsection (c); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•HR 6747 IH

1 ‘‘(iii) provide to the individuals and 

2 entities described in subparagraph (B) a 

3 notice and reasonable opportunity for the 

4 presentation in at least one public hearing 

5 of any views and recommendations with re6 spect to the need for, and impact of, the 

7 construction, modification, or operation of 

8 the electric transmission facility proposed 

9 to be constructed, modified, or operated 

10 under the certificate. 

11 ‘‘(B) INDIVIDUALS AND ENTITIES DE12 SCRIBED.—The individuals and entities referred 

13 to in subparagraph (A) are— 

14 ‘‘(i) an agency, selected by the Gov15 ernor (or equivalent official) of the applica16 ble State, of each State in which the elec17 tric transmission facility proposed to be 

18 constructed, modified, or operated under 

19 the applicable certificate of public conven20 ience and necessity is or will be located; 

21 ‘‘(ii) each affected landowner; and 

22 ‘‘(iii) as determined by the Commis23 sion— 

24 ‘‘(I) each affected Federal agen25 cy; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•HR 6747 IH

1 ‘‘(II) each Indian Tribe that may 

2 be affected by the proposed construc3 tion, modification, or operation. 

4 ‘‘(C) PROHIBITION.—The Commission may 

5 not— 

6 ‘‘(i) require an applicant for a certifi7 cate of public convenience and necessity 

8 under this section to provide any notice re9 quired under this section; or 

10 ‘‘(ii) enter into a contract to provide 

11 any notice required under this section 

12 with— 

13 ‘‘(I) the applicant for the applica14 ble certificate of public convenience 

15 and necessity; or 

16 ‘‘(II) any other person that has a 

17 financial interest in the project pro18 posed in the application for such cer19 tificate. 

20 ‘‘(b) APPLICATIONS.— 

21 ‘‘(1) IN GENERAL.—A person desiring a certifi22 cate of public convenience and necessity under this 

23 section shall submit to the Commission an applica24 tion at such time, in such manner, and containing 

25 such information as the Commission may require. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•HR 6747 IH

1 ‘‘(2) REQUIREMENT.—An application submitted 

2 to the Commission under paragraph (1) shall include 

3 all information necessary for the Commission to 

4 make the finding described in subsection (a)(3). 

5 ‘‘(c) NOTICE TO AFFECTED LANDOWNERS.— 

6 ‘‘(1) IN GENERAL.—The Commission shall pro7 vide written notice of an application submitted under 

8 subsection (b)(1) to all affected landowners with re9 spect to the electric transmission facility for which 

10 such application was submitted in accordance with 

11 this subsection. 

12 ‘‘(2) REQUIREMENTS.—Any notice provided to 

13 an affected landowner under paragraph (1) shall in14 clude the following: 

15 ‘‘(A) The following statement in 14-point 

16 bold typeface: 

17 ‘‘ ‘The [name of applicant] has proposed build18 ing power lines that will cross your property, 

19 and may also require building transmission tow20 ers on your property. If the Federal Energy 

21 Regulatory Commission approves [applicant]’s 

22 proposed project, then [applicant] may have the 

23 right to build transmission towers on, and 

24 power lines over, your property, or use your 

25 property to construct the proposed project, subVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•HR 6747 IH

1 ject to paying you just compensation for the 

2 loss of your property. 

3 ‘‘ ‘If you want to raise objections to, offer sup4 port for, or otherwise comment on this, or oth5 erwise comment on this project, you can do so 

6 by submitting written comments to the Federal 

7 Energy Regulatory Commission Docket No. 

8 [lll]. You can do this electronically or by 

9 mail. To do so electronically [to be inserted by 

10 the Commission]. To do so by mail [to be in11 serted by the Commission].’. 

12 ‘‘(B) A description of the proposed project 

13 to construct, modify, or operate an electric 

14 transmission facility, including— 

15 ‘‘(i) the location of the proposed 

16 project (including a general location map); 

17 ‘‘(ii) the purpose of the proposed 

18 project; and 

19 ‘‘(iii) the timing of the proposed 

20 project. 

21 ‘‘(C) The name of, and the location in the 

22 docket of the Commission at which may be 

23 found, each submission by the applicant to the 

24 Commission relating to the proposed project. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•HR 6747 IH

1 ‘‘(D) A general description of what the ap2 plicant will need from the landowner if the pro3 posed project is approved, including the activi4 ties the applicant may undertake and the facili5 ties that the applicant may seek to construct on 

6 the property of the landowner. 

7 ‘‘(E) A description of how the landowner 

8 may contact the applicant, including— 

9 ‘‘(i) a website; 

10 ‘‘(ii) an email address; 

11 ‘‘(iii) a local or toll-free telephone 

12 number; and 

13 ‘‘(iv) the name of a specific person to 

14 contact who is knowledgeable about the 

15 proposed project. 

16 ‘‘(F) A description of how the landowner 

17 may contact the Commission, including— 

18 ‘‘(i) a website; 

19 ‘‘(ii) an email address; 

20 ‘‘(iii) a local or toll-free telephone 

21 number; and 

22 ‘‘(iv) the name of a specific person to 

23 contact who is knowledgeable about the 

24 proposed project. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•HR 6747 IH

1 ‘‘(G) A summary of the rights that the 

2 landowner has— 

3 ‘‘(i) before the Commission; and 

4 ‘‘(ii) in other proceedings under— 

5 ‘‘(I) the Federal Rules of Civil 

6 Procedure; and 

7 ‘‘(II) the eminent domain rules of 

8 the relevant State. 

9 ‘‘(H) Any other information that the Com10 mission determines to be appropriate. 

11 ‘‘(3) OBLIGATION OF APPLICANT.—An appli12 cant for a certificate of public convenience and ne13 cessity under this section shall submit to the Com14 mission, together with the application for the certifi15 cate, the name and address of each affected land16 owner. 

17 ‘‘(d) REGULATORY JURISDICTION.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2) and notwithstanding section 216(i), no 

20 State shall regulate any aspect of the siting or per21 mitting of an electric transmission facility con22 structed, modified, or operated under a certificate of 

23 public convenience and necessity issued under this 

24 section. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•HR 6747 IH

1 ‘‘(2) SAVINGS CLAUSE.—Nothing in this section 

2 affects the rights of States under— 

3 ‘‘(A) the Coastal Zone Management Act of 

4 1972 (16 U.S.C. 1451 et seq.); 

5 ‘‘(B) the Federal Water Pollution Control 

6 Act (33 U.S.C. 1251 et seq.); 

7 ‘‘(C) the Clean Air Act (42 U.S.C. 7401 et 

8 seq.); or 

9 ‘‘(D) division A of subtitle III of title 54, 

10 United States Code (formerly known as the 

11 ‘National Historic Preservation Act’). 

12 ‘‘(3) TRIBAL CONSENT FOR CERTAIN RIGHTS13 OF-WAY.—No right-of-way over or across Tribal land 

14 may be granted pursuant to this section unless con15 sent for the right-of-way has been obtained from the 

16 proper Tribal official in a manner consistent with 

17 the requirements of section 2 of the Act of February 

18 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324). 

19 ‘‘(e) JUDICIAL REVIEW.— 

20 ‘‘(1) IN GENERAL.—Any person aggrieved by 

21 an order of the Commission issued under this sec22 tion may obtain review of the order in— 

23 ‘‘(A) the court of appeals of the United 

24 States for any judicial circuit in which the elec25 tric transmission facility to be constructed, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•HR 6747 IH

1 modified, or operated under the applicable cer2 tificate of public convenience and necessity is or 

3 will be located; or 

4 ‘‘(B) the United States Court of Appeals 

5 for the District of Columbia Circuit. 

6 ‘‘(2) PETITION FOR REVIEW.— 

7 ‘‘(A) IN GENERAL.—A person may obtain 

8 review under paragraph (1) by filing in the ap9 plicable court a written petition praying that 

10 the order of the Commission be modified or set 

11 aside in whole or in part. 

12 ‘‘(B) TIMING.—A petition under subpara13 graph (A) shall be filed by not later than 60 

14 days after the date on which the applicable 

15 order of the Commission is published in the 

16 Federal Register. 

17 ‘‘(3) PERSON AGGRIEVED.—Notwithstanding 

18 any other provision of this Act, a person aggrieved 

19 by an order of the Commission issued under this 

20 section need not— 

21 ‘‘(A) have been a party to the proceedings 

22 before the Commission in which that order was 

23 issued in order to obtain judicial review of the 

24 order under this subsection; or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•HR 6747 IH

1 ‘‘(B) have requested rehearing before the 

2 Commission prior to seeking judicial review. 

3 ‘‘(f) RIGHT OF EMINENT DOMAIN FOR ELECTRIC

4 TRANSMISSION FACILITIES.— 

5 ‘‘(1) IN GENERAL.—The holder of a certificate 

6 of public convenience and necessity may acquire 

7 through the exercise of the right of eminent domain 

8 in a court described in paragraph (2) any right-of9 way, land, or other property that is necessary to 

10 construct, modify, or operate an electric trans11 mission facility in accordance with such certificate if 

12 the holder has, in the determination of the Commis13 sion, made good faith efforts to engage with land14 owners and other stakeholders early in the permit15 ting process established under this section, and— 

16 ‘‘(A) cannot acquire the necessary right-of17 way, land, or other property by contract; 

18 ‘‘(B) is unable to agree with the owner of 

19 the right-of-way, land, or other property with 

20 respect to the compensation to be paid for that 

21 right-of-way, land, or other property; or 

22 ‘‘(C) cannot clear defective title with re23 spect to the right-of-way, land, or other prop24 erty. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•HR 6747 IH

1 ‘‘(2) COURT DESCRIBED.—A court referred to 

2 in paragraph (1) is— 

3 ‘‘(A) the district court of the United States 

4 for the district in which the applicable right-of5 way, land, or other property is located; or 

6 ‘‘(B) the appropriate State court. 

7 ‘‘(3) NOTICE OF ORDER ISSUING CERTIFI8 CATE.—The holder of a certificate of public conven9 ience and necessity may not exercise the right of 

10 eminent domain under this subsection with respect 

11 to any property covered by the certificate unless the 

12 Commission has first, in addition to publishing the 

13 notice of certificate of public convenience and neces14 sity in the Federal Register, provided all affected 

15 landowners with notice of— 

16 ‘‘(A) the order; and 

17 ‘‘(B) the procedures for obtaining judicial 

18 review of such order under subsection (e), in19 cluding a description of the time period for 

20 seeking judicial review under that subsection. 

21 ‘‘(g) CONDEMNATION PROCEDURES.— 

22 ‘‘(1) APPRAISALS.— 

23 ‘‘(A) IN GENERAL.—A holder of, or appli24 cant for, a certificate of public convenience and 

25 necessity shall have any property that the holdVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•HR 6747 IH

1 er or applicant seeks to acquire through the ex2 ercise of the right of eminent domain under 

3 subsection (f) appraised in accordance with gen4 erally accepted appraisal standards by an ap5 praiser selected by the owner of the property, 

6 subject to subparagraph (D). 

7 ‘‘(B) REQUIREMENTS.— 

8 ‘‘(i) COSTS.—The applicable holder of, 

9 or applicant for, a certificate of public con10 venience and necessity shall pay for each 

11 appraisal carried out under subparagraph 

12 (A). 

13 ‘‘(ii) INSPECTIONS.—The owner of the 

14 applicable property (or a designated rep15 resentative of the owner) shall be given the 

16 opportunity to accompany the appraiser 

17 during any inspection of the property that 

18 is part of an appraisal under subparagraph 

19 (A). 

20 ‘‘(C) TIMING.—An appraisal under sub21 paragraph (A) shall be carried out before— 

22 ‘‘(i) the holder of, or applicant for, the 

23 certificate of public convenience and neces24 sity makes an offer of just compensation 

25 under paragraph (2); or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•HR 6747 IH

1 ‘‘(ii) the holder of the certificate of 

2 public convenience and necessity com3 mences an action or proceeding to exercise 

4 the right of eminent domain under sub5 section (f). 

6 ‘‘(D) SELECTION OF APPRAISER.—If the 

7 owner of the applicable property does not select 

8 an appraiser under subparagraph (A) by the 

9 date that is 60 days after the date on which the 

10 holder of, or applicant for, the applicable certifi11 cate of public convenience and necessity re12 quests that the owner do so, the holder or ap13 plicant shall have the right to select the ap14 praiser. 

15 ‘‘(2) OFFERS OF JUST COMPENSATION.— 

16 ‘‘(A) IN GENERAL.—Any offer of just com17 pensation made to an affected landowner of 

18 property that is or will be covered by a certifi19 cate of public convenience and necessity— 

20 ‘‘(i) shall be made in writing; 

21 ‘‘(ii) may not be for an amount less 

22 than the fair market value of the property, 

23 as determined by an appraisal carried out 

24 under paragraph (1); and 

25 ‘‘(iii) shall include compensation for— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•HR 6747 IH

1 ‘‘(I) any lost income from the 

2 property; and 

3 ‘‘(II) any damages to any other 

4 property of the owner. 

5 ‘‘(B) TIMING.—The holder of a certificate 

6 of public convenience and necessity may not 

7 make an offer of just compensation to an af8 fected landowner until the date that is 30 days 

9 after the date on which the Commission pro10 vides a notice to the affected landowner under 

11 subsection (f)(3). 

12 ‘‘(3) JURISDICTIONAL LIMITATIONS.— 

13 ‘‘(A) MINIMUM JURISDICTIONAL

14 AMOUNT.—A district court of the United States 

15 shall only have jurisdiction of an action or pro16 ceeding to exercise the right of eminent domain 

17 under subsection (f) if the amount claimed by 

18 the owner of the property to be condemned ex19 ceeds $3,000. 

20 ‘‘(B) TRIBAL LAND.—A district court of 

21 the United States shall have no jurisdiction to 

22 condemn any interest in Tribal land. 

23 ‘‘(4) LIMITATION ON CONDEMNATION.—In any 

24 action or proceeding to exercise the right of eminent 

25 domain under subsection (f), a court— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•HR 6747 IH

1 ‘‘(A) may condemn an interest in property 

2 only to the extent necessary for the specific fa3 cilities described in the applicable certificate of 

4 public convenience and necessity; and 

5 ‘‘(B) may not— 

6 ‘‘(i) condemn any other interest; or 

7 ‘‘(ii) condemn an interest for any pur8 pose not described in that certificate. 

9 ‘‘(5) RIGHT OF POSSESSION.—With respect to 

10 any action or proceeding to exercise the right of emi11 nent domain under subsection (f), an owner of prop12 erty that is covered by the applicable certificate of 

13 public convenience and necessity shall not be re14 quired to surrender possession of that property un15 less the holder of the certificate— 

16 ‘‘(A) has paid to the owner the award of 

17 compensation in the action or proceeding; or 

18 ‘‘(B) has deposited the amount of that 

19 award with the court. 

20 ‘‘(6) LITIGATION COSTS.— 

21 ‘‘(A) IN GENERAL.—A holder of a certifi22 cate of public convenience and necessity that 

23 commences an action or proceeding to exercise 

24 the right of eminent domain under subsection 

25 (f) shall be liable to the owner of any property 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•HR 6747 IH

1 condemned in that proceeding for the costs de2 scribed in subparagraph (B) if the amount 

3 awarded to that owner for the property con4 demned is more than 125 percent of the 

5 amount offered to the owner by the holder be6 fore the commencement of that action or pro7 ceeding. 

8 ‘‘(B) COSTS DESCRIBED.—The costs re9 ferred to in subparagraph (A) are litigation 

10 costs incurred for the action or proceeding de11 scribed in that subparagraph by the owner of 

12 the property condemned, including— 

13 ‘‘(i) reasonable attorney fees; 

14 ‘‘(ii) expert witness fees and costs; 

15 and 

16 ‘‘(iii) reasonable travel costs to par17 ticipate in proceedings. 

18 ‘‘(h) ENFORCEMENT OF CONDITIONS.— 

19 ‘‘(1) IN GENERAL.—An affected landowner the 

20 property of which has been acquired by eminent do21 main under subsection (f) shall have the right— 

22 ‘‘(A) to enforce any condition in the appli23 cable certificate of public convenience and ne24 cessity; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•HR 6747 IH

1 ‘‘(B) to seek damages for a violation of 

2 any condition described in subparagraph (A). 

3 ‘‘(2) JURISDICTION.—The district courts of the 

4 United States shall have jurisdiction over any action 

5 arising under paragraph (1). 

6 ‘‘(i) OTHER LANDOWNER RIGHTS AND PROTEC7 TIONS.— 

8 ‘‘(1) FAILURE TO TIMELY COMPLETE

9 PROJECTS.— 

10 ‘‘(A) SURRENDER OF CONDEMNED PROP11 ERTY.— 

12 ‘‘(i) IN GENERAL.—An individual or 

13 entity from which an interest in property is 

14 acquired through the exercise of the right 

15 of eminent domain under subsection (f) by 

16 the holder of a certificate of public conven17 ience and necessity that is issued for the 

18 construction, modification, or operation of 

19 an electric transmission facility may de20 mand that the holder of the certificate sur21 render that interest to that individual or 

22 entity if— 

23 ‘‘(I)(aa) the electric transmission 

24 facility is not in operation (as modi25 fied, in the case of a modification of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
46 

•HR 6747 IH

1 an electric transmission facility) by 

2 the date specified in the certificate 

3 (including any modification of the cer4 tificate by the Commission); and 

5 ‘‘(bb) there is no request for the 

6 extension of that date pending before 

7 the Commission; or 

8 ‘‘(II) subject to clause (ii), the 

9 holder of the certificate, with the ap10 proval of the Commission, abandons 

11 the portion of the electric trans12 mission facility that is located on the 

13 applicable property relating to that in14 terest. 

15 ‘‘(ii) REQUIREMENT.—The Commis16 sion may not approve in a certificate of 

17 public convenience and necessity issued 

18 under this section or in any subsequent 

19 proceeding the abandonment of all or any 

20 part of an electric transmission facility un21 less the Commission requires the holder of 

22 the applicable certificate of public conven23 ience and necessity to offer to each indi24 vidual or entity described in clause (i) the 

25 option of having the property acquired 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
47 

•HR 6747 IH

1 from that individual or entity as described 

2 in that clause restored to the condition 

3 that the property was in prior to the 

4 issuance of the certificate. 

5 ‘‘(B) REPAYMENT OF CONDEMNATION

6 AWARD.—If an individual or entity described in 

7 subparagraph (A)(i) demands the surrender of 

8 an interest under that subparagraph, the holder 

9 of the applicable certificate of public conven10 ience and necessity shall be entitled to repay11 ment of an amount equal to not more than 50 

12 percent of the condemnation award relating to 

13 the interest. 

14 ‘‘(C) JURISDICTION.—The district courts 

15 of the United States shall have jurisdiction over 

16 any action arising under this paragraph. 

17 ‘‘(2) MATERIAL MISREPRESENTATIONS.— 

18 ‘‘(A) RESCISSION OF TRANSACTION.— 

19 ‘‘(i) IN GENERAL.—An individual or 

20 entity from which an interest in property is 

21 acquired through the exercise of the right 

22 of eminent domain under subsection (f) 

23 that proves, by a preponderance of the evi24 dence, that the individual or entity has 

25 granted a right-of-way or any other propVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
48 

•HR 6747 IH

1 erty interest based on a material misrepre2 sentation made by or on behalf of an appli3 cant for, or holder of, a certificate of pub4 lic convenience and necessity under this 

5 section concerning the electric transmission 

6 facility to be constructed, modified, or op7 erated under the certificate shall have the 

8 right to rescind the transaction. 

9 ‘‘(ii) JURISDICTION.—The district 

10 courts of the United States shall have ju11 risdiction over any action arising under 

12 clause (i). 

13 ‘‘(B) CIVIL PENALTIES.—A material mis14 representation made by an applicant for, or 

15 holder of, a certificate of public convenience and 

16 necessity, or on behalf of such an applicant or 

17 holder, to an affected landowner concerning the 

18 electric transmission facility to be constructed, 

19 modified, or operated under the certificate, shall 

20 be considered to be a violation of this part for 

21 purposes of section 316A and such applicant or 

22 holder shall be assessed a civil penalty by the 

23 Commission in accordance with such section 

24 316A, except the amount of such civil penalty 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
49 

•HR 6747 IH

1 may not exceed $10,000 per affected landowner 

2 to whom the misrepresentation was made. 

3 ‘‘(j) DEFINITIONS.—In this section: 

4 ‘‘(1) AFFECTED LANDOWNER.— 

5 ‘‘(A) IN GENERAL.—The term ‘affected 

6 landowner’ includes each owner of a property 

7 interest in land or other property described in 

8 subparagraph (B), including— 

9 ‘‘(i) the Federal Government; 

10 ‘‘(ii) a State or local government; and 

11 ‘‘(iii) each owner noted in the most 

12 recent county or city tax record as receiv13 ing the relevant tax notice with respect to 

14 that interest. 

15 ‘‘(B) LAND AND OTHER PROPERTY DE16 SCRIBED.—The land or other property de17 scribed in this subparagraph is any land or 

18 other property— 

19 ‘‘(i) that is directly affected by the 

20 proposed construction, modification, or op21 eration of an electric transmission facility, 

22 including all facility sites; 

23 ‘‘(ii) that is located within the greater 

24 of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
50 

•HR 6747 IH

1 ‘‘(I) 0.25 miles from a proposed 

2 facility site for an electric trans3 mission facility; or 

4 ‘‘(II) a minimum distance from 

5 the proposed electric transmission fa6 cility as specified by State law; or 

7 ‘‘(iii) contains a residence that is 

8 within 3000 feet of a proposed facility site 

9 for an electric transmission facility. 

10 ‘‘(2) ALTERNATING CURRENT TRANSMISSION

11 FACILITY.—The term ‘alternating current trans12 mission facility’ means a transmission facility that 

13 uses alternating current for the bulk transmission of 

14 electric energy. 

15 ‘‘(3) ELECTRIC TRANSMISSION FACILITY.—The 

16 term ‘electric transmission facility’ means, as appli17 cable— 

18 ‘‘(A) an alternating current transmission 

19 facility; 

20 ‘‘(B) a high-voltage, direct current trans21 mission facility; or 

22 ‘‘(C) infrastructure associated with an al23 ternating current transmission facility or a 

24 high-voltage, direct current transmission facil25 ity, including substations and switchyards. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
51 

•HR 6747 IH

1 ‘‘(4) FACILITY SITE.—The term ‘facility site’ 

2 includes— 

3 ‘‘(A) an area covered by a right-of-way; 

4 ‘‘(B) an access road; 

5 ‘‘(C) a contractor yard where equipment 

6 and material are stored or where assembly work 

7 is conducted; and 

8 ‘‘(D) any temporary workspace. 

9 ‘‘(5) HIGH-VOLTAGE, DIRECT CURRENT TRANS10 MISSION FACILITY.—The term ‘high-voltage, direct 

11 current transmission facility’ means a transmission 

12 facility that uses direct current for the bulk trans13 mission of electric energy. 

14 ‘‘(6) TRIBAL LAND.—The term ‘Tribal land’ 

15 has the meaning given the term ‘Indian land’ in sec16 tion 2601 of the Energy Policy Act of 1992 (25 

17 U.S.C. 3501).’’. 

18 (b) CONFORMING CHANGES TO THE FEDERAL

19 POWER ACT.— 

20 (1) SITING OF INTERSTATE ELECTRIC TRANS21 MISSION FACILITIES.—Section 216 of the Federal 

22 Power Act (16 U.S.C. 824p) is amended— 

23 (A) in subsection (b)(2), by inserting ‘‘(in24 cluding transmission of electric energy from the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
52 

•HR 6747 IH

1 outer Continental Shelf to a State)’’ after 

2 ‘‘interstate commerce’’; 

3 (B) in subsection (c), by adding at the end 

4 the following: 

5 ‘‘(3) APPLICATIONS OUTSIDE NATIONAL INTEREST

6 ELECTRIC TRANSMISSION CORRIDORS.— 

7 ‘‘(A) IN GENERAL.—Subject to subparagraph 

8 (B), the Commission shall allow a person to file an 

9 application for a permit under subsection (b), and 

10 may begin evaluation of such application, even if the 

11 relevant electric transmission facility is not in a na12 tional interest electric transmission corridor des13 ignated by the Secretary under subsection (a) at the 

14 time the application is filed. 

15 ‘‘(B) TIME LIMIT.—The Commission shall cease 

16 all evaluation of an application described in subpara17 graph (A) if, two years after the application is filed 

18 with the Commission, the relevant electric trans19 mission facility is not in a national interest electric 

20 transmission corridor designated by the Secretary 

21 under subsection (a). The Commission may resume 

22 evaluation of such application if, after ceasing eval23 uation under this subparagraph, a national interest 

24 electric transmission corridor is designated by the 

25 Secretary under subsection (a) and the relevant elecVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
53 

•HR 6747 IH

1 tric transmission facility is in such national interest 

2 electric transmission corridor.’’; and 

3 (C) in subsection (h)— 

4 (i) by amending paragraph (2) to read 

5 as follows: 

6 ‘‘(2) LEAD AGENCY.—For the purposes of co7 ordinating all applicable Federal authorizations and 

8 related environmental reviews— 

9 ‘‘(A) the Commission shall act as the lead 

10 agency in the case of— 

11 ‘‘(i) except as provided in subpara12 graph (B), an electric transmission facility 

13 in a national interest electric transmission 

14 corridor designated by the Secretary under 

15 subsection (a); or 

16 ‘‘(ii) an electric transmission facility 

17 for which an application has been sub18 mitted for a certificate of public conven19 ience and necessity under section 229; 

20 ‘‘(B) the Department of the Interior shall 

21 act as the lead agency in the case of an electric 

22 transmission facility in a national interest elec23 tric transmission corridor designated by the 

24 Secretary under subsection (a) that is located 

25 on a lease, easement, or right-of-way granted by 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
54 

•HR 6747 IH

1 the Secretary of the Interior under section 

2 8(p)(1)(C) of the Outer Continental Shelf 

3 Lands Act (43 U.S.C. 1337(p)(1)(C)); and 

4 ‘‘(C) the Department of Energy shall act 

5 as the lead agency in the case of any other elec6 tric transmission facility.’’. 

7 (ii) in each of paragraphs (3), (4)(B), 

8 (4)(C), (5)(B), (6)(A), (7)(A), (8)(A)(i), 

9 and (9), by striking ‘‘Secretary’’ each place 

10 it appears and inserting ‘‘applicable lead 

11 agency’’; 

12 (iii) in paragraph (4)(A), by striking 

13 ‘‘As head of the lead agency, the Sec14 retary’’ and inserting ‘‘The applicable lead 

15 agency’’; 

16 (iv) in paragraph (5)(A), by striking 

17 ‘‘As lead agency head, the Secretary’’ and 

18 inserting ‘‘The applicable lead agency’’; 

19 and 

20 (v) in paragraph (7)— 

21 (I) in subparagraph (A), by strik22 ing ‘‘after the date of enactment of 

23 this section’’ and inserting ‘‘after the 

24 date of enactment of the Clean ElecVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
55 

•HR 6747 IH

1 tricity and Transmission Acceleration 

2 Act of 2023’’; and 

3 (II) in subparagraph (B), by 

4 amending clause (i) to read as follows: 

5 ‘‘(i) Not later than six months after the date of 

6 enactment of the Clean Electricity and Transmission 

7 Acceleration Act of 2023, the Secretary, the Com8 mission, and the heads of all Federal agencies with 

9 authority to issue Federal authorizations shall enter 

10 into a memorandum of understanding to ensure the 

11 timely and coordinated review and permitting of 

12 electric transmission facilities.’’. 

13 (2) TRANSMISSION INFRASTRUCTURE INVEST14 MENT.—Section 219(b)(4)(B) of the Federal Power 

15 Act (16 U.S.C. 824s(b)(4)(B)) is amended by strik16 ing ‘‘section 216’’ and inserting ‘‘sections 216 and 

17 229’’. 

18 SEC. 108. FACILITATION OF EFFICIENT ENVIRONMENTAL 

19 REVIEW OF THE DESIGNATION OF NATIONAL 

20 INTEREST ELECTRIC TRANSMISSION COR21 RIDORS. 

22 (a) IN GENERAL.—Section 216(h) of the Federal 

23 Power Act (42 U.S.C. 824p(h)) is further amended— 

24 (1) by redesignating paragraph (9) as para25 graph (10); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
56 

•HR 6747 IH

1 (2) by inserting after paragraph (8) the fol2 lowing: 

3 ‘‘(9) NO DUPLICATION OF ENVIRONMENTAL RE4 VIEWS.— 

5 ‘‘(A) PURPOSE.—The purpose of this para6 graph is to ensure that there is no duplication of ef7 fort or process with respect to preparing environ8 mental documents relating to the designation of na9 tional interest electric transmission corridors under 

10 subsection (a) and the issuance of permits under 

11 subsection (b). 

12 ‘‘(B) REVIEW RELATING TO DESIGNATION.— 

13 Unless the Secretary determines that the prepara14 tion of an environmental document with respect to 

15 the designation of a national interest electric trans16 mission corridor under subsection (a) is necessary 

17 under the circumstances, the Secretary shall not be 

18 required to prepare an environmental document in 

19 connection with the designation of such a national 

20 interest electric transmission corridor. 

21 ‘‘(C) EFFECT ON APPLICATIONS TO CONSTRUCT

22 OR MODIFY CERTAIN TRANSMISSION FACILITIES.— 

23 ‘‘(i) NO REVIEW RELATING TO DESIGNA24 TION OF CORRIDOR.—If the Secretary has not 

25 prepared an environmental document with reVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
57 

•HR 6747 IH

1 spect to the designation of a national interest 

2 electric transmission corridor under subsection 

3 (a), the Commission shall prepare an environ4 mental document for any construction or modi5 fication proposed in an application made under 

6 subsection (c) before issuing a permit for such 

7 application under subsection (b). 

8 ‘‘(ii) REVIEW RELATING TO DESIGNATION

9 OF CORRIDOR.—If the Secretary has prepared 

10 an environmental document with respect to the 

11 designation of a national interest electric trans12 mission corridor under subsection (a)— 

13 ‘‘(I) the Commission and any other 

14 Federal agency preparing an environ15 mental document for any construction or 

16 modification proposed in an application 

17 made under subsection (c) within such na18 tional interest electric transmission cor19 ridor— 

20 ‘‘(aa) shall rely on any findings 

21 of the environmental document pre22 pared by the Secretary; and 

23 ‘‘(bb) shall not duplicate any 

24 work of the Secretary relating to the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
58 

•HR 6747 IH

1 preparation of such environmental 

2 document; and 

3 ‘‘(II) the Commission and such other 

4 Federal agency shall incorporate the find5 ings of the environmental document pre6 pared by the Secretary into any environ7 mental document prepared by the Commis8 sion or such other Federal agency under 

9 this subsection.’’. 

10 (b) DEFINITIONS.—Paragraph (1) of section 216(h) 

11 of the Federal Power Act (42 U.S.C. 824p(h)) is amended 

12 to read as follows: 

13 ‘‘(1) DEFINITIONS.—In this subsection: 

14 ‘‘(A) ENVIRONMENTAL DOCUMENT.—The 

15 term ‘environmental document’ has the mean16 ing given such term in section 111 of the Na17 tional Environmental Policy Act of 1969 (42 

18 U.S.C. 4336e). 

19 ‘‘(B) FEDERAL AUTHORIZATION.—The 

20 term ‘Federal authorization’— 

21 ‘‘(i) means any authorization required 

22 under Federal law in order to site a trans23 mission facility; and 

24 ‘‘(ii) includes such permits, special use 

25 authorizations, certifications, opinions, or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
59 

•HR 6747 IH

1 other approvals as may be required under 

2 Federal law in order to site a transmission 

3 facility.’’. 

4 (c) CONFORMING AMENDMENTS.—Section 216(h)(5) 

5 of the Federal Power Act (42 U.S.C. 824p(h)(5)) is 

6 amended— 

7 (1) in subparagraph (A), by striking ‘‘environ8 mental review document’’ and inserting ‘‘environ9 mental document’’; and 

10 (2) in subparagraph (C), by striking ‘‘docu11 ment’’ and inserting ‘‘environmental document’’. 

12 SEC. 109. INCREASED FLEXIBILITY FOR FEDERAL TRANS13 MISSION FINANCING. 

14 (a) TRANSMISSION FACILITY FINANCING.—Section 

15 50151(b) of Public Law 117–169 (42 U.S.C. 18715(b)) 

16 is amended by striking ‘‘designated by the Secretary to 

17 be necessary in the national interest under section 216(a) 

18 of the Federal Power Act (16 U.S.C. 824p(a))’’ and in19 serting ‘‘determined by the Secretary to be in the national 

20 interest’’. 

21 (b) TRANSMISSION FACILITATION PROGRAM.—Sec22 tion 40106(h)(1)(A) of the Infrastructure Investment and 

23 Jobs Act (42 U.S.C. 18713(h)(1)(A)) is amended by strik24 ing ‘‘is located in an area designated as a national interest 

25 electric transmission corridor pursuant to section 216(a) 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
60 

•HR 6747 IH

1 of the Federal Power Act16 U.S.C. 824p(a)’’ and insert2 ing ‘‘is in the national interest’’. 

3 SEC. 110. ESTABLISHMENT OF TRANSMISSION INVESTMENT 

4 TAX CREDIT. 

5 (a) IN GENERAL.—Subpart E of part IV of sub6 chapter A of chapter 1 of the Internal Revenue Code of 

7 1986 is amended by inserting after section 48E the fol8 lowing: 

9 ‘‘SEC. 48F. QUALIFYING ELECTRIC POWER TRANSMISSION 

10 LINE CREDIT. 

11 ‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec12 tion 46, the qualifying electric power transmission line 

13 credit for any taxable year is an amount equal to 6 percent 

14 of the qualified investment for such taxable year with re15 spect to any qualifying electric power transmission line 

16 property of the taxpayer. 

17 ‘‘(b) QUALIFIED INVESTMENT.— 

18 ‘‘(1) IN GENERAL.—For purposes of subsection 

19 (a), the qualified investment for any taxable year is 

20 the basis of any qualifying electric power trans21 mission line property placed in service by the tax22 payer during such taxable year. 

23 ‘‘(2) CERTAIN QUALIFIED PROGRESS EXPENDI24 TURES RULES MADE APPLICABLE.—Rules similar to 

25 the rules of subsections (c)(4) and (d) of section 46 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
61 

•HR 6747 IH

1 (as in effect on the day before the date of the enact2 ment of the Revenue Reconciliation Act of 1990) 

3 shall apply for purposes of this section. 

4 ‘‘(c) QUALIFYING ELECTRIC POWER TRANSMISSION

5 LINE PROPERTY.—For purposes of this section, the term 

6 ‘qualifying electric power transmission line property’ 

7 means any overhead, submarine, or underground prop8 erty— 

9 ‘‘(1) which is a qualifying electric power trans10 mission line that transmits electricity— 

11 ‘‘(A) across no fewer than 2 States or not 

12 less than 150 continuous miles, or 

13 ‘‘(B) across the Outer Continental Shelf 

14 (as defined in section 2 of the Outer Conti15 nental Lands Act (43 U.S.C. 1331)), or 

16 ‘‘(2) which is related transmission property. 

17 ‘‘(d) QUALIFYING ELECTRIC POWER TRANSMISSION

18 LINE.—For purposes of this section— 

19 ‘‘(1) IN GENERAL.—The term ‘qualifying elec20 tric power transmission line’ means any applicable 

21 new transmission property and any modified existing 

22 transmission property. 

23 ‘‘(2) APPLICABLE NEW TRANSMISSION PROP24 ERTY.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
62 

•HR 6747 IH

1 ‘‘(A) IN GENERAL.—The term ‘applicable 

2 new transmission property’ means any electric 

3 power transmission line which is— 

4 ‘‘(i) originally placed in service after 

5 the date of the enactment of this section, 

6 ‘‘(ii) primarily used for one or more 

7 purposes described in subparagraph (B), 

8 and 

9 ‘‘(iii) described in subparagraph (C). 

10 ‘‘(B) PURPOSES DESCRIBED.—The pur11 poses described in this subparagraph are— 

12 ‘‘(i) enhancing resilience to prepare 

13 for, withstand, and recover rapidly from 

14 disruptions from the impact of weather 

15 events, wildfires, or natural disasters, 

16 ‘‘(ii) addressing clearance concerns, 

17 ‘‘(iii) facilitating the interconnection 

18 of electric power generation capacity to the 

19 bulk-power system (as defined in section 

20 215 of the Federal Power Act), or 

21 ‘‘(iv) addressing high load needs of 

22 2,000 ampere and above. 

23 ‘‘(C) ADDITIONAL REQUIREMENTS FOR

24 NEW TRANSMISSION PROPERTY.—An electric 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
63 

•HR 6747 IH

1 power transmission line is described in this sub2 paragraph if— 

3 ‘‘(i) such transmission line— 

4 ‘‘(I) includes an advanced trans5 mission conductor, and 

6 ‘‘(II) is capable of transmitting 

7 electricity at a voltage of not less than 

8 100 kilovolts, or 

9 ‘‘(ii) such transmission line— 

10 ‘‘(I) is a superconducting trans11 mission line or is capable of transmit12 ting electricity at a voltage of at least 

13 345 kilovolts, and 

14 ‘‘(II) has a transmission capacity 

15 of not less than 750 megawatts or is 

16 a transmission line described in sub17 paragraph (D). 

18 ‘‘(D) MULTIPLE TRANSMISSION LINES LO19 CATED IN THE SAME RIGHT-OF-WAY.—A trans20 mission line is described in this subparagraph if 

21 such a transmission line— 

22 ‘‘(i) is co-located in the same right-of23 way or adjacent right-of-way as one or 

24 more other overhead, submarine, or under25 ground transmission lines, and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
64 

•HR 6747 IH

1 ‘‘(ii) together with the other trans2 mission lines described in subparagraph 

3 (A), has a transmission capacity of not less 

4 than 1,000 megawatts. 

5 ‘‘(3) MODIFIED EXISTING TRANSMISSION PROP6 ERTY.—The term ‘modified existing transmission 

7 property’ means any electric power transmission line 

8 which— 

9 ‘‘(A) was placed in service before the date 

10 of the enactment of this section, 

11 ‘‘(B) is modified after the date of enact12 ment of this Act in a manner that— 

13 ‘‘(i) increases the transmission capac14 ity of such transmission line by not less 

15 than 500 megawatts, or 

16 ‘‘(ii) includes an advanced trans17 mission conductor that transmits electricity 

18 at a voltage of not less than 100 kilovolts, 

19 and 

20 ‘‘(C) after the completion of such modifica21 tion, is an electric power transmission line 

22 which satisfies the requirements under sub23 clauses (ii) and (iii) of paragraph (2)(A). 

24 ‘‘(4) ADVANCED TRANSMISSION CONDUCTOR.— 

25 The term ‘advanced transmission conductor’ means 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
65 

•HR 6747 IH

1 a transmission conductor technology that uses re2 cently developed technology or materials such as a 

3 composite core and such other future advances as 

4 determined by the Secretary, in consultation with 

5 the Secretary of Energy. 

6 ‘‘(5) SUPERCONDUCTING TRANSMISSION

7 LINE.—The term ‘superconducting transmission line’ 

8 means a transmission line that conducts all of its 

9 current over a super-conducting material. 

10 ‘‘(e) RELATED TRANSMISSION PROPERTY.—For pur11 poses of this section— 

12 ‘‘(1) IN GENERAL.—The term ‘related trans13 mission property’ means any of the following: 

14 ‘‘(A) TRANSMISSION PROPERTY USED FOR

15 INTERCONNECTION OR GENERATOR TIE-LINE.— 

16 Any electric power transmission line which is— 

17 ‘‘(i) placed in service after the date of 

18 enactment of this section, 

19 ‘‘(ii) primarily used— 

20 ‘‘(I) as a generator interconnec21 tion tie line at an associated facility 

22 that extends from the secondary 

23 (high) side of a generator step-up 

24 transformer to the point of inter25 connection with the host transmission 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
66 

•HR 6747 IH

1 owner from interconnecting new gen2 eration resources or facilities to the 

3 electric grid, or 

4 ‘‘(II) for network upgrades asso5 ciated with the interconnection of new 

6 generation resources or facilities to 

7 the electric grid, 

8 ‘‘(iii) primarily used for one or more 

9 purposes described in subsection (d)(2)(B), 

10 and 

11 ‘‘(iv) capable of transmitting elec12 tricity at a voltage of not less than 230 

13 kilovolts. 

14 ‘‘(B) GRID ENHANCING TECHNOLOGY.— 

15 Any grid enhancing technology property used in 

16 the operation of the electric power transmission 

17 line described in paragraph (2) or (3) of sub18 section (d). 

19 ‘‘(C) SUBCOMPONENTS.—Any conductors 

20 or cables, towers, insulators, reactors, capaci21 tors, circuit breakers, static VAR compensators, 

22 static synchronous compensators, power con23 verters, transformers, synchronous condensers, 

24 braking resistors, and any ancillary facilities 

25 and equipment necessary for the proper operVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
67 

•HR 6747 IH

1 ation of the electric power transmission line de2 scribed in paragraph (2) or (3) of subsection 

3 (d) or for the proper operation of any property 

4 described in subsection (d)(2). 

5 ‘‘(2) GRID ENHANCING TECHNOLOGY PROP6 ERTY.—The term ‘grid enhancing technology prop7 erty’ means power flow controls and transmission 

8 switching equipment, storage technology, and hard9 ware or software that enables dynamic line ratings, 

10 advanced line rating management technologies, on 

11 new or existing transmission property for the pur12 pose of enhancing the capacity, efficiency, resiliency, 

13 or reliability of an electric power transmission sys14 tem and such other similar property determined by 

15 the Secretary, in consultation with the Secretary of 

16 Energy. 

17 ‘‘(f) INCREASED CREDIT AMOUNT FOR CERTAIN

18 TRANSMISSION LINE PROPERTY.— 

19 ‘‘(1) IN GENERAL.—In the case of any quali20 fying electric power transmission line property which 

21 meets the requirements of paragraph (2), the 

22 amount of credit determined under subsection (a) 

23 (determined without regard to this subsection) shall 

24 be equal to such amount multiplied by 5. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
68 

•HR 6747 IH

1 ‘‘(2) FACILITY REQUIREMENTS.—Qualifying 

2 electric power transmission line property shall be 

3 treated as meeting the requirements of this para4 graph if— 

5 ‘‘(A) the construction of such property 

6 meets rules similar to the rules of section 

7 48(a)(10) (relating to prevailing wage require8 ments) and section 45(b)(8) (relating to ap9 prenticeship requirements), or 

10 ‘‘(B) the construction of such property be11 gins before the date that is 60 days after the 

12 Secretary publishes guidance with respect to the 

13 requirements under subparagraph (A). 

14 ‘‘(g) TERMINATION.—This section shall not apply to 

15 any property the construction of which begins after De16 cember 31, 2033.’’. 

17 (b) PUBLIC UTILITY PROPERTY.—Paragraph (2) of 

18 section 50(d) of the Internal Revenue Code is amended— 

19 (1) by striking ‘‘(as defined in section 

20 48(c)(6))’’ and inserting ‘‘(as defined in section 

21 48(c)(6), except that subparagraph (D) of such sec22 tion shall not apply) or any qualifying electric power 

23 transmission line property (as defined by section 

24 48F(c))’’, and 

25 (2) in subparagraph (B)— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
69 

•HR 6747 IH

1 (A) by inserting ‘‘or qualifying electric 

2 power transmission line property’’ after ‘‘each 

3 energy storage technology’’, and 

4 (B) by inserting ‘‘or the qualifying electric 

5 power transmission line property’’ after ‘‘the 

6 energy storage technology’’. 

7 (c) TRANSFER OF CERTAIN CREDITS.—Section 

8 6418(f)(1)(A) of the Internal Revenue Code of 1986 is 

9 amended by adding at the end the following: 

10 ‘‘(xii) The qualifying electric power 

11 transmission line credit under section 

12 48F.’’. 

13 (d) CONFORMING AMENDMENTS.— 

14 (1) Section 46 of the Internal Revenue Code of 

15 1986 is amended— 

16 (A) in paragraph (5), by striking ‘‘and’’ at 

17 the end, 

18 (B) in paragraph (6), by striking the pe19 riod at the end and inserting ‘‘, and’’, and 

20 (C) by adding at the end the following: 

21 ‘‘(7) the qualifying electric power transmission 

22 line credit.’’. 

23 (2) Section 49(a)(1)(C) of such Code is amend24 ed— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
70 

•HR 6747 IH

1 (A) in clause (v), by striking ‘‘and’’ at the 

2 end, 

3 (B) in clause (vi), by striking the period at 

4 the end and inserting ‘‘, and’’, and 

5 (C) by adding at the end the following: 

6 ‘‘(vii) the basis of any qualifying elec7 tric power transmission line property under 

8 section 48F.’’. 

9 (3) The table of sections for subpart E of part 

10 IV of subchapter A of chapter 1 of such Code is 

11 amended by inserting after the item relating to sec12 tion 48E the following new item: 

‘‘Sec. 48F. Qualifying electric power transmission line credit.’’. 

13 (e) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to property placed in service after 

15 December 31, 2023. 

16 TITLE II—IMPROVEMENT OF 

17 GOVERNANCE AND EFFI18 CIENCY OF THE GRID 

19 SEC. 201. AUTHORIZATION TO ESTABLISH FERC OFFICE OF 

20 ELECTRICITY TRANSMISSION. 

21 Part III of the Federal Power Act (16 U.S.C. 825 

22 et seq.) is amended by inserting after section 317 the fol23 lowing: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
71 

•HR 6747 IH

1 ‘‘SEC. 318. OFFICE OF ELECTRICITY TRANSMISSION. 

2 ‘‘The Commission may establish an office, to be 

3 known as the Office of Transmission, to— 

4 ‘‘(1) coordinate all matters of the Commission 

5 relating to the transmission of electric energy, as the 

6 Commission determines appropriate; and 

7 ‘‘(2) carry out the responsibilities of the Com8 mission under section 216, 224, 225, 226, 227, 228, 

9 and 229, in coordination with the Office of Energy 

10 Projects of the Commission.’’. 

11 SEC. 202. SUPPORT FOR FERC STAFFING. 

12 (a) ENSURING TIMELY REVIEW OF INFRASTRUC13 TURE.—Section 401(k) of the Department of Energy Or14 ganization Act (42 U.S.C. 7171(k)) is amended— 

15 (1) in paragraph (1), by striking ‘‘subchapter 

16 III of’’; 

17 (2) in paragraph (2)— 

18 (A) by striking subparagraph (A); and 

19 (B) by redesignating subparagraphs (B) 

20 through (E) as subparagraphs (A) through (D), 

21 respectively; and 

22 (3) in paragraph (6)— 

23 (A) by striking ‘‘The Chairman’’ and in24 serting the following: 

25 ‘‘(A) IN GENERAL.—The Chairman’’; and 

26 (B) by adding at the end the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
72 

•HR 6747 IH

1 ‘‘(B) IMPLEMENTATION PLAN.—Not later 

2 than 90 days after the date of enactment of 

3 this subparagraph, the Chairman shall submit 

4 to the Director of the Office of Personnel Man5 agement a plan to implement this subsection. 

6 The Director of the Office of Personnel Man7 agement shall take final action on the plan not 

8 later than 120 days after the submission of 

9 such plan.’’. 

10 (b) DIRECT HIRE AUTHORITY.—Section 401 of the 

11 Department of Energy Organization Act (42 U.S.C. 7171) 

12 is amended by adding at the end the following: 

13 ‘‘(l) DIRECT HIRE AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding section 

15 3304 of title 5, United States Code, and without re16 gard to the provisions of sections 3309 through 

17 3318 of such title 5, if the Chairman of the Com18 mission issues a certification that there is as severe 

19 shortage of candidates or a critical hiring need for 

20 covered positions to carry out the Commission’s re21 sponsibilities and activities, the Chairman may, sub22 ject to paragraph (3), recruit and directly appoint 

23 highly qualified individuals into the competitive serv24 ice. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
73 

•HR 6747 IH

1 ‘‘(2) LIMITATION.—Any action authorized pur2 suant to paragraph (1) shall be consistent with the 

3 merit principles of section 2301 of title 5, United 

4 States Code, and the Commission shall comply with 

5 the public notice requirements of section 3327 of 

6 such title 5. 

7 ‘‘(3) TERMINATION.— 

8 ‘‘(A) IN GENERAL.—A certification issued 

9 or renewed under this subsection shall termi10 nate on the earlier of— 

11 ‘‘(i) the date that is 5 years after the 

12 certification is issued or renewed; or 

13 ‘‘(ii) the date on which the Chairman 

14 determines that there is no longer a severe 

15 shortage of candidates or a critical hiring 

16 need for covered positions to carry out the 

17 Commission’s responsibilities and activi18 ties. 

19 ‘‘(B) RENEWAL.—The Chairman may 

20 renew a certification issued or renewed under 

21 this subsection for an additional 5-year period 

22 if the Chairman determines there is still a se23 vere shortage of candidates or a critical hiring 

24 need for covered positions to carry out the 

25 Commission’s responsibilities and activities. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
74 

•HR 6747 IH

1 ‘‘(4) COVERED POSITION.—In this subsection, 

2 the term ‘covered position’ means a position in 

3 which an employee is responsible for conducting 

4 work of a scientific, technical, engineering, mathe5 matical, legal, or otherwise highly specialized or 

6 skilled nature.’’. 

7 (c) ELIMINATION OF REPORTING SUNSET.—Section 

8 11004(b) of the Energy Act of 2020 (42 U.S.C. 7171 

9 note; Public Law 116–260) is amended— 

10 (1) in paragraph (1), by striking ‘‘thereafter for 

11 10 years’’ and inserting ‘‘thereafter’’; and 

12 (2) in paragraph (2)(B), by striking ‘‘or mathe13 matical’’ and inserting ‘‘mathematical, or otherwise 

14 highly specialized or skilled’’. 

15 SEC. 203. EVALUATION OF FERC FEE ASSESSMENTS. 

16 Section 3401 of the Omnibus Budget Reconciliation 

17 Act of 1986 (42 U.S.C. 7178) is amended by adding at 

18 the end the following: 

19 ‘‘(h) REVIEW.—Not less often than once every five 

20 years, the Commission shall undertake a review to deter21 mine if the fees and charges it assesses under this section 

22 and other laws are sufficient to allow the Commission to 

23 handle its workload in an expedient manner.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
75 

•HR 6747 IH

1 SEC. 204. ESTABLISHMENT OF INDEPENDENT TRANS2 MISSION MONITORS. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of enactment of this section, the Commission shall— 

5 (1) require each transmission planning region 

6 to establish an independent entity to monitor the 

7 planning for, and operation of, transmission facilities 

8 in the transmission planning region; or 

9 (2) establish an independent entity to monitor 

10 the planning for, and operation of, transmission fa11 cilities in all transmission planning regions. 

12 (b) ROLE OF TRANSMISSION MONITOR.—An inde13 pendent entity described in subsection (a) shall provide 

14 independent analysis of transmission planning and rate15 making processes by the Commission and Transmission 

16 Organizations to inform Commission proceedings, includ17 ing by, as applicable— 

18 (1) reviewing the operation and practices of 

19 transmission facilities in the applicable transmission 

20 planning region for inefficiency; 

21 (2) investigating whether any rate, charge, or 

22 classification for transmission facilities in the appli23 cable transmission planning region, or any rule, reg24 ulation, practice, or contract affecting such a rate, 

25 charge, or classification, is unjust, unreasonable, un26 duly discriminatory or preferential; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
76 

•HR 6747 IH

1 (3) reviewing the transmission planning process 

2 for the applicable transmission planning region; 

3 (4) reviewing transmission facility costs in the 

4 applicable transmission planning region; 

5 (5) providing examples and advice to Trans6 mission Organizations in the applicable transmission 

7 planning region on regional transmission operations, 

8 planning, and cost-allocation processes; 

9 (6) identifying situations in which it is cost-ef10 fective or otherwise appropriate to construct or de11 ploy grid enhancing assets; 

12 (7) coordinating and sharing information with 

13 State regulatory authorities in the applicable trans14 mission planning region; and 

15 (8) identifying reliable data sets and methodolo16 gies for use in regional planning and providing ac17 cess to data to stakeholders. 

18 (c) SAVINGS CLAUSE.—Nothing in this section shall 

19 be construed to alter the sole power of the Commission 

20 to, under sections 205 and 206 of the Federal Power Act 

21 (16 U.S.C. 824d; 824e), determine if any rates, charges, 

22 or classifications are unjust, unreasonable, or unduly dis23 criminatory or preferential. 

24 (d) DEFINITIONS.—In this section: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
77 

•HR 6747 IH

1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Energy Regulatory Commission. 

3 (2) GRID ENHANCING ASSET, STATE REGU4 LATORY AUTHORITY; TRANSMISSION ORGANIZATION; 

5 TRANSMISSION PLANNING REGION.—The terms 

6 ‘‘grid enhancing asset’’, ‘‘State regulatory author7 ity’’, ‘‘Transmission Organization’’, and ‘‘trans8 mission planning region’’ have the meanings given 

9 such terms in section 3 of the Federal Power Act 

10 (16 U.S.C. 796). 

11 SEC. 205. ASSURANCE OF INTEROPERABILITY OF OFF12 SHORE ELECTRIC TRANSMISSION INFRA13 STRUCTURE. 

14 (a) STUDY.—Not later than 2 years after the date 

15 of enactment of this Act, the Secretary of Energy shall 

16 complete and publish on the website of the Department 

17 of Energy a study that assesses the need to, and chal18 lenges of, developing and standardizing interoperable elec19 tric grid components, systems, and technologies in support 

20 of shared offshore transmission networks. Such study 

21 shall include recommendations for Congress, State, Tribal, 

22 and local governments, manufacturers of electric grid com23 ponents, systems, and technologies, Transmission Organi24 zations, offshore electricity generation project developers, 

25 and appropriate standards organizations to help ensure 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
78 

•HR 6747 IH

1 interoperability of electric grid components, systems, and 

2 technologies between offshore electricity generation 

3 projects and shared offshore infrastructure connecting to 

4 onshore transmission systems. 

5 (b) INTEROPERABILITY STANDARD DEVELOPMENT

6 PROGRAM.— 

7 (1) IN GENERAL.—The Secretary of Energy 

8 shall establish and implement a program to identify, 

9 develop, support, document, and encourage the 

10 adoption of standards necessary to maximize the 

11 interoperability of electric grid components, systems, 

12 and technologies to accelerate the implementation 

13 and delivery of electricity generated by offshore elec14 tricity generation projects through shared electricity 

15 transmission infrastructure. 

16 (2) GOALS.—The goals of establishing and im17 plementing the program under paragraph (1) shall 

18 be— 

19 (A) to harmonize and standardize func20 tional specifications of electric grid components, 

21 systems, and technologies to maximize the 

22 interoperability of electric grid components, sys23 tems, and technologies across types and manu24 facturers; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
79 

•HR 6747 IH

1 (B) to hasten adoption of shared electric 

2 transmission infrastructure for offshore elec3 tricity generation by encouraging cooperation 

4 among manufacturers of electric grid compo5 nents, systems, or technologies in order to— 

6 (i) maximize interoperability of such 

7 manufacturers’ electric grid components, 

8 systems, or technologies; 

9 (ii) reduce offshore electricity genera10 tion project delays and cost overruns; 

11 (iii) manage power grid complexity; 

12 and 

13 (iv) enhance electric grid resilience, 

14 reliability, and cybersecurity; and 

15 (C) to identify common technical specifica16 tions to effectively and securely measure, mon17 itor, control, and protect offshore electricity 

18 generation and electric transmission infrastruc19 ture from the point of generation to load cen20 ters. 

21 (3) FINANCIAL ASSISTANCE.—Under the pro22 gram established and implemented under paragraph 

23 (1), the Secretary may provide grants to— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
80 

•HR 6747 IH

1 (A) engage equipment manufacturers and 

2 industry stakeholders in collaborative platforms, 

3 including workshops and forums; 

4 (B) identify current challenges and propose 

5 solutions to improve interoperability of electric 

6 grid components, systems, and technologies; 

7 and 

8 (C) develop a set of voluntary industry 

9 standards to maximize interoperability of elec10 tric grid components, systems, and technologies 

11 that meet the goals described in paragraph (2). 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary of En14 ergy to carry out this section $5,000,000, to remain avail15 able until expended. 

16 (d) DEFINITION.—In this section, the term ‘‘Trans17 mission Organization’’ has the meaning given such term 

18 in section 3(29) of the Federal Power Act (16 U.S.C. 

19 796). 

20 SEC. 206. AGGREGATOR BIDDING INTO ORGANIZED WHOLE21 SALE ELECTRIC MARKETS. 

22 (a) IN GENERAL.—Notwithstanding any prohibition 

23 established by a relevant electric retail regulatory author24 ity with respect to who may bid into an organized whole25 sale electric market, each Transmission Organization 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
81 

•HR 6747 IH

1 shall, with respect to the organized wholesale electric mar2 ket controlled by the Transmission Organization, allow 

3 any bid from an aggregator of retail customers that aggre4 gates the demand flexibility of the customers of utilities 

5 that distributed more than 4 million megawatt-hours in 

6 the previous fiscal year. 

7 (b) RULEMAKING.—Not later than 12 months after 

8 the date of enactment of this section, the Commission 

9 shall promulgate a final rule pursuant to subsection (a). 

10 (c) DEFINITIONS.—In this section: 

11 (1) COMMISSION.—The term ‘‘Commission’’ 

12 means the Federal Energy Regulatory Commission. 

13 (2) ELECTRIC RETAIL REGULATORY AUTHOR14 ITY.—The term ‘‘electric retail regulatory authority’’ 

15 means an entity that establishes retail electricity 

16 prices and retail competition policies for customers. 

17 (3) TRANSMISSION ORGANIZATION.—The term 

18 ‘‘Transmission Organization’’ has the meaning given 

19 such term in section 3 of the Federal Power Act (16 

20 U.S.C. 796). 

21 SEC. 207. EXPANSION OF COMMUNITY SOLAR. 

22 (a) ESTABLISHMENT OF COMMUNITY SOLAR CON23 SUMER CHOICE PROGRAM.— 

24 (1) IN GENERAL.—Not later than 12 months 

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
82 

•HR 6747 IH

1 retary shall establish a program to increase the op2 portunities for participation in community solar pro3 grams by— 

4 (A) individuals, prioritizing individuals 

5 that do not have regular access to onsite solar, 

6 including low- and moderate-income individuals 

7 and individuals living in energy communities; 

8 (B) businesses; 

9 (C) nonprofit organizations; and 

10 (D) States and local and Tribal govern11 ments. 

12 (2) ALIGNMENT WITH EXISTING FEDERAL PRO13 GRAMS.—The Secretary shall align the program es14 tablished under paragraph (1) with existing Federal 

15 programs that serve low-income communities. 

16 (3) ASSISTANCE TO STATE AND LOCAL GOVERN17 MENTS.—In carrying out the program established 

18 under paragraph (1), the Secretary shall— 

19 (A) provide technical assistance to eligible 

20 entities for projects to increase the number of 

21 community solar facilities; 

22 (B) assist eligible entities in the develop23 ment of new and innovative financial and busi24 ness models that leverage competitive processes 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
83 

•HR 6747 IH

1 in order to serve community solar subscribers; 

2 and 

3 (C) use National Laboratories to collect 

4 and disseminate data to assist private entities 

5 in the financing of, subscription to, and oper6 ation of community solar programs. 

7 (b) FEDERAL GOVERNMENT PARTICIPATION IN COM8 MUNITY SOLAR PROGRAMS.—The Secretary shall, as the 

9 Secretary determines appropriate, expand the existing 

10 grant, loan, and financing programs of the Department 

11 of Energy to include community solar programs. 

12 (c) ESTABLISHMENT OF COMMUNITY SOLAR PRO13 GRAMS.— 

14 (1) IN GENERAL.—Section 111(d) of the Public 

15 Utility Regulatory Policies Act of 1978 (16 U.S.C. 

16 2621(d)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(22) COMMUNITY SOLAR PROGRAMS.— 

19 ‘‘(A) IN GENERAL.—Each electric utility 

20 shall offer a community solar program that pro21 vides all ratepayers, including low-income rate22 payers, equitable and demonstrable access to 

23 such community solar program. 

24 ‘‘(B) DEFINITIONS.—For the purposes of 

25 this paragraph: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
84 

•HR 6747 IH

1 ‘‘(i) COMMUNITY SOLAR PROGRAM.— 

2 The term ‘community solar program’ 

3 means a service provided to any electric 

4 consumer that the electric utility serves 

5 through which the value of electricity gen6 erated by a community solar facility may 

7 be used to reduce total charges billed to 

8 the electric consumer. 

9 ‘‘(ii) COMMUNITY SOLAR FACILITY.— 

10 The term ‘community solar facility’ means 

11 a solar photovoltaic system that— 

12 ‘‘(I) allocates electricity to mul13 tiple electric consumers of an electric 

14 utility; 

15 ‘‘(II) is interconnected with the 

16 electric grid; and 

17 ‘‘(III) is located either on or off 

18 the property of the electric consumers 

19 described in subclause (I).’’. 

20 (2) COMPLIANCE.— 

21 (A) TIME LIMITATIONS.—Section 112(b) 

22 of the Public Utility Regulatory Policies Act of 

23 1978 (16 U.S.C. 2622(b)) is amended by add24 ing at the end the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
85 

•HR 6747 IH

1 ‘‘(9)(A) Not later than 12 months after the 

2 date of enactment of this paragraph, each State reg3 ulatory authority (with respect to each electric utility 

4 for which the State has ratemaking authority) and 

5 each nonregulated electric utility shall commence 

6 consideration under section 111, or set a hearing 

7 date for consideration, with respect to the standard 

8 established by paragraph (22) of section 111(d). 

9 ‘‘(B) Not later than 24 months after the date 

10 of enactment of this paragraph, each State regu11 latory authority (with respect to each electric utility 

12 for which the State has ratemaking authority), and 

13 each nonregulated electric utility shall complete the 

14 consideration and make the determination under sec15 tion 111 with respect to the standard established by 

16 paragraph (22) of section 111(d).’’. 

17 (B) FAILURE TO COMPLY.—Section 112(c) 

18 of the Public Utility Regulatory Policies Act of 

19 1978 (16 U.S.C. 2622(c)) is amended— 

20 (i) by striking ‘‘subsection (b)(2)’’ and 

21 inserting ‘‘subsection (b)’’; and 

22 (ii) by adding at the end the fol23 lowing: ‘‘In the case of the standard estab24 lished by paragraph (22) of section 111(d), 

25 the reference contained in this subsection 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
86 

•HR 6747 IH

1 to the date of enactment of this Act shall 

2 be deemed to be a reference to the date of 

3 enactment of that paragraph (22).’’. 

4 (C) PRIOR STATE ACTIONS.— 

5 (i) IN GENERAL.—Section 112 of the 

6 Public Utility Regulatory Policies Act of 

7 1978 (16 U.S.C. 2622) is amended by add8 ing at the end the following: 

9 ‘‘(i) PRIOR STATE ACTIONS.—Subsections (b) and 

10 (c) shall not apply to the standard established by para11 graph (22) of section 111(d) in the case of any electric 

12 utility in a State if, before the date of enactment of this 

13 subsection— 

14 ‘‘(1) the State has implemented for the electric 

15 utility the standard (or a comparable standard); 

16 ‘‘(2) the State regulatory authority for the 

17 State or the relevant nonregulated electric utility has 

18 conducted a proceeding to consider implementation 

19 of the standard (or a comparable standard) for the 

20 electric utility; or 

21 ‘‘(3) the State legislature has voted on the im22 plementation of the standard (or a comparable 

23 standard) for the electric utility.’’. 

24 (ii) CROSS-REFERENCE.—Section 124 

25 of the Public Utility Regulatory Policies 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
87 

•HR 6747 IH

1 Act of 1978 (16 U.S.C. 2634) is amended 

2 by adding at the end the following: ‘‘In the 

3 case of the standard established by para4 graph (22) of section 111(d), the reference 

5 contained in this subsection to the date of 

6 enactment of this Act shall be deemed to 

7 be a reference to the date of enactment of 

8 that paragraph (22).’’. 

9 (d) FEDERAL CONTRACTS FOR PUBLIC UTILITY

10 SERVICES.—Section 501(b)(1) of title 40, United States 

11 Code, is amended by amending subparagraph (B) to read 

12 as follows: 

13 ‘‘(B) PUBLIC UTILITY CONTRACTS.—A 

14 contract under this paragraph for public utility 

15 services may be for a period of not more than 

16 30 years.’’. 

17 (e) DEFINITIONS.—In this section: 

18 (1) COMMUNITY SOLAR FACILITY; COMMUNITY

19 SOLAR PROGRAM.—The terms ‘‘community solar fa20 cility’’ and ‘‘community solar program’’ have the 

21 meaning give such terms in paragraph (22) of sec22 tion 111(d) of the Public Utility Regulatory Policies 

23 Act of 1978 (16 U.S.C. 2621(d)), as added by sub24 section (c) of this section. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
88 

•HR 6747 IH

1 (2) COMMUNITY SOLAR SUBSCRIBER.—The 

2 term ‘‘community solar subscriber’’ means an elec3 tricity customer who has ownership of a financial 

4 share in a community solar facility that serves mul5 tiple consumers. 

6 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means— 

8 (A) a State or political subdivision of a 

9 State; 

10 (B) a unit of local government; 

11 (C) an Indian Tribe (as defined in section 

12 4 of the Indian Self-Determination and Edu13 cation Assistance Act (25 U.S.C. 5304)); 

14 (D) a territory of the United States; or 

15 (E) an authority, agency, or instrumen16 tality of, or an entity owned by, 1 or more enti17 ties described in subparagraphs (A) through 

18 (D). 

19 (4) ENERGY COMMUNITY.—The term ‘‘energy 

20 community’’ has the meaning given such term in 

21 section 45(b)(11) of the Internal Revenue Code of 

22 1986 (26 U.S.C. 45(b)(11)). 

23 (5) NATIONAL LABORATORIES.—The term ‘‘Na24 tional Laboratories’’ has the meaning given the term 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
89 

•HR 6747 IH

1 in section 2 of the Energy Policy Act of 2005 (42 

2 U.S.C. 15801). 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Energy. 

5 SEC. 208. ESTABLISHMENT OF PROGRAM TO FACILITATE 

6 VOLUNTARY STREAMLINED PROCESS FOR 

7 LOCAL PERMITTING OF QUALIFYING DIS8 TRIBUTED ENERGY SYSTEMS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) AUTHORITY HAVING JURISDICTION.—The 

11 term ‘‘authority having jurisdiction’’ means any 

12 State, county, local, or Tribal office or official with 

13 jurisdiction— 

14 (A) to issue permits relating to qualifying 

15 distributed energy systems; 

16 (B) to conduct inspections to enforce the 

17 requirements of a relevant code or standard re18 lating to qualifying distributed energy systems; 

19 or 

20 (C) to approve the installation of, or the 

21 equipment and materials used in the installa22 tion of, qualifying distributed energy systems. 

23 (2) QUALIFYING DISTRIBUTED ENERGY SYS24 TEM.—The term ‘‘qualifying distributed energy sys25 tem’’ means any equipment or materials installed in, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
90 

•HR 6747 IH

1 on, or near a residential building to support onsite 

2 or local energy use, including— 

3 (A) to generate electricity from distributed 

4 renewable energy sources, including from— 

5 (i) solar photovoltaic systems or simi6 lar solar energy technologies; and 

7 (ii) wind power systems; 

8 (B) to store and discharge electricity from 

9 batteries with a capacity of at least 2 kilowatt 

10 hours; 

11 (C) to charge a plug-in electric drive vehi12 cle at a power rate of at least 2 kilowatts; or 

13 (D) to refuel a hydrogen fuel cell electric 

14 vehicle. 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Energy. 

17 (b) PROGRAM.—Not later than 180 days after the 

18 date of enactment of this Act, the Secretary, in consulta19 tion with trade associations and other entities representing 

20 distributed energy system installers and organizations rep21 resenting State, local, and Tribal governments engaged in 

22 permitting, shall carry out a program to further develop, 

23 expand, and support the adoption of a voluntary stream24 lined permitting and inspection process for authorities 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
91 

•HR 6747 IH

1 having jurisdiction to use for the permitting of qualifying 

2 distributed energy systems. 

3 (c) ACTIVITIES OF THE PROGRAM.—In carrying out 

4 the program established under subsection (b), the Sec5 retary shall— 

6 (1) further develop and expand an exemplary 

7 streamlined permitting process that includes an on8 line permitting platform— 

9 (A) for expediting, standardizing, and 

10 streamlining permitting; and 

11 (B) that authorities having jurisdiction 

12 may voluntarily use to receive, review, and ap13 prove permit applications relating to qualifying 

14 distributed energy systems; 

15 (2) establish targets for the adoption of a 

16 streamlined, expedited permitting process by au17 thorities having jurisdiction; 

18 (3) provide technical assistance and training di19 rectly or indirectly to authorities having jurisdiction 

20 on using and adopting the exemplary streamlined 

21 permitting process described in paragraph (1), in22 cluding the adoption of any necessary building codes; 

23 (4) develop a voluntary inspection protocol and 

24 related tools to expedite, standardize, and streamline 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
92 

•HR 6747 IH

1 the inspection of qualifying distributed energy sys2 tems, including— 

3 (A) by investigating the potential for using 

4 remote inspections; 

5 (B) by investigating the potential for sam6 ple-based inspection for distributed energy sys7 tem installers with a demonstrated track record 

8 of high-quality work; and 

9 (C) by investigating opportunities to inte10 grate the voluntary inspection protocol into the 

11 online permitting platform described in para12 graph (1) and the platforms of government 

13 software providers; and 

14 (5) take any other action to expedite, stand15 ardize, streamline, or improve the process for per16 mitting, inspecting, or interconnecting qualifying 

17 distributed energy systems. 

18 (d) SUPPORT SERVICES.—The Secretary shall— 

19 (1) support the provision of technical assistance 

20 to authorities having jurisdiction, any administrator 

21 of the online permitting platform described in sub22 section (c)(1), government software providers, and 

23 any other entity determined appropriate by the Sec24 retary in carrying out the activities described in sub25 section (c); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
93 

•HR 6747 IH

1 (2) provide such financial assistance as the Sec2 retary determines appropriate from any funds appro3 priated to carry out this section. 

4 (e) AUTHORITY HAVING JURISDICTION CERTIFI5 CATION PROGRAM.— 

6 (1) IN GENERAL.—The Secretary may certify 

7 authorities having jurisdiction that implement the 

8 exemplary streamlined permitting process described 

9 in subsection (c)(1). 

10 (2) PROCESS.—The Secretary may confer a cer11 tification under paragraph (1) through existing pro12 grams within the Department of Energy. 

13 (3) PRIZES.—The Secretary may award prizes 

14 to authorities having jurisdiction, using funds appro15 priated to the Secretary to carry out this section, to 

16 encourage authorities having jurisdiction to adopt 

17 the exemplary streamlined permitting process or the 

18 voluntary inspection protocol established under para19 graphs (1) and (4) of subsection (c), respectively. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to the Secretary to carry 

22 out this section $20,000,000 for each of fiscal years 2024 

23 through 2027. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
94 

•HR 6747 IH

1 SEC. 209. MITIGATION OF THE SHORTAGE OF ELECTRICITY 

2 TRANSFORMERS. 

3 There is authorized to be appropriated 

4 $2,100,000,000 for the President, acting through the Sec5 retary of Energy, under the authority of title III of the 

6 Defense Production Act of 1950 (50 U.S.C. 4531 et seq.), 

7 to expand domestic manufacturing of transformers and 

8 grid components, including amorphous steel, grain-ori9 ented electrical steel, flexible transformers, circuit break10 ers, switchgear and substations to serve load and inter11 connect generation, and inverters and optimizers to inte12 grate the influx of distributed generators. 

13 SEC. 210. STUDY OF NEXT GENERATION HIGHWAYS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Administrator of the Federal Highway Ad16 ministration shall conduct, and publish a report on the 

17 results of, a study on best practices for siting high-voltage 

18 transmission lines on highway rights-of-way, including rec19 ommendations on practices— 

20 (1) to ensure safety; 

21 (2) to facilitate future highway maintenance 

22 and construction work; 

23 (3) to facilitate future maintenance work for 

24 the transmission lines; 

25 (4) to integrate transmission planning and 

26 siting into transportation planning; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
95 

•HR 6747 IH

1 (5) to facilitate electrical needs for light-duty, 

2 medium-duty, and heavy-duty rapid charging infra3 structure on public roadways. 

4 TITLE III—MODERNIZATION OF 

5 ELECTRICITY RATEMAKING 

6 SEC. 301. REFLECTION OF THE COST OF GREENHOUSE GAS 

7 EMISSIONS IN RATES. 

8 Part II of the Federal Power Act (16 U.S.C. 824 et 

9 seq.) is further amended by adding at the end the fol10 lowing: 

11 ‘‘SEC. 230. REFLECTION OF THE COST OF GREENHOUSE 

12 GAS EMISSIONS IN RATES AND CHARGES. 

13 ‘‘(a) IN GENERAL.—Not later than 18 months after 

14 the date of enactment of the Clean Electricity and Trans15 mission Acceleration Act of 2023, the Commission shall 

16 issue regulations to require public utilities to reflect the 

17 cost of greenhouse gas emissions associated with the gen18 eration, transmission, and sale of electric energy subject 

19 to the jurisdiction of the Commission in the rates and 

20 charges for such generation, transmission, and sale in ac21 cordance with this section. 

22 ‘‘(b) COST OF GREENHOUSE GAS EMISSIONS.— 

23 ‘‘(1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of the Clean Electricity 

25 and Transmission Acceleration Act of 2023, the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
96 

•HR 6747 IH

1 Commission shall determine the cost of greenhouse 

2 gas emissions for the purpose of issuing regulations 

3 under subsection (a). 

4 ‘‘(2) CONSIDERATION.—In determining such 

5 cost of greenhouse gas emissions, the Commission, 

6 in consultation with the Administrator of the Envi7 ronmental Protection Agency— 

8 ‘‘(A) may consider— 

9 ‘‘(i) Federal guidance or standards re10 lating to the social cost of carbon; and 

11 ‘‘(ii) any other generally accepted 

12 Federal, State, or other methodology for 

13 determining the cost of greenhouse gas 

14 emissions; and 

15 ‘‘(B) shall employ a discount rate that re16 flects the irreversibility of climate change. 

17 ‘‘(c) JUST AND REASONABLE.—Beginning on the 

18 date on which the regulation is issued under subsection 

19 (a), no rate or charge made, demanded, or received by a 

20 public utility for or in connection with the generation, 

21 transmission, or sale of electric energy subject to the juris22 diction of the Commission may be deemed just or reason23 able, under sections 205 or 206, unless such rate or charge 

24 reflects the cost of greenhouse gas emissions pursuant to 

25 the regulation issued under subsection (a).’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
97 

•HR 6747 IH

1 SEC. 302. FACILITATION OF PERFORMANCE-BASED RATE2 MAKING. 

3 Section 219 of the Federal Power Act (16 U.S.C. 

4 824s) is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘this section’’ and inserting 

7 ‘‘the Clean Electricity and Transmission Act of 

8 2023’’; 

9 (B) by inserting ‘‘and resilience’’ after 

10 ‘‘ensuring reliability’’; 

11 (C) by striking ‘‘and’’ before ‘‘reducing’’ 

12 and inserting a comma; and 

13 (D) by inserting ‘‘, and reducing the green14 house gas emissions associated with delivered 

15 power,’’ after ‘‘delivered power’’; 

16 (2) in subsection (b)— 

17 (A) by inserting ‘‘under this section’’ after 

18 ‘‘The rule’’; and 

19 (B) in paragraph (1)— 

20 (i) by inserting ‘‘, resilient,’’ after 

21 ‘‘promote reliable’’; and 

22 (ii) by inserting ‘‘, and the elimination 

23 of the greenhouse gas emissions associated 

24 with delivered power,’’ after ‘‘efficient 

25 transmission and generation of electricity’’; 

26 and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
98 

•HR 6747 IH

1 (3) in subsection (c), by inserting ‘‘on or after 

2 the date of enactment of the Clean Electricity and 

3 Transmission Act of 2023’’ after ‘‘joins a Trans4 mission Organization’’. 

5 TITLE IV—FACILITATION OF 

6 CLEAN ENERGY DEPLOY7 MENT ON PUBLIC LAND 

8 SEC. 401. DEFINITIONS. 

9 In this title: 

10 (1) COVERED LAND.—The term ‘‘covered land’’ 

11 means land that is— 

12 (A) Federal lands administered by the Sec13 retary; and 

14 (B) not excluded from the development of 

15 geothermal, solar, or wind energy under— 

16 (i) a land use plan; or 

17 (ii) other Federal law. 

18 (2) ENERGY STORAGE PROJECT.—The term 

19 ‘‘energy storage project’’ means equipment that— 

20 (A) receives, stores, and delivers energy 

21 using batteries, compressed air, pumped hydro22 power, hydrogen storage (including hydrolysis), 

23 thermal energy storage, regenerative fuel cells, 

24 flywheels, capacitors, superconducting magnets, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
99 

•HR 6747 IH

1 or other technologies identified by the Secretary 

2 of Energy; and 

3 (B) has a capacity of not less than 5 kilo4 watt hours. 

5 (3) EXCLUSION AREA.—The term ‘‘exclusion 

6 area’’ means covered land that is identified by the 

7 Bureau of Land Management as not suitable for de8 velopment of wind and solar energy projects. 

9 (4) FEDERAL LAND.—The term ‘‘Federal land’’ 

10 means— 

11 (A) public lands; and 

12 (B) lands of the National Forest System 

13 as described in section 11(a) of the Forest and 

14 Rangeland Renewable Resources Planning Act 

15 of 1974 (16 U.S.C. 1609(a)). 

16 (5) FUND.—The term ‘‘Fund’’ means the Re17 newable Energy Resource Conservation Fund estab18 lished by section 405(c)(1). 

19 (6) LAND USE PLAN.—The term ‘‘land use 

20 plan’’ means— 

21 (A) in regard to public lands, a land use 

22 plan established under the Federal Land Policy 

23 and Management Act of 1976 (43 U.S.C. 1701 

24 et seq.); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
100 

•HR 6747 IH

1 (B) in regard to National Forest System 

2 lands, a land management plan approved, 

3 amended, or revised under section 6 of the For4 est and Rangeland Renewable Resources Plan5 ning Act of 1974 (16 U.S.C. 1604). 

6 (7) PRIORITY AREA.—The term ‘‘priority area’’ 

7 means covered land identified by the land use plan8 ning process of the Bureau of Land Management as 

9 being a preferred location for a wind and solar en10 ergy project, including a designated leasing area (as 

11 defined in section 2801.5(b) of title 43, Code of 

12 Federal Regulations (or a successor regulation)) that 

13 is identified under the rule of the Bureau of Land 

14 Management entitled ‘‘Competitive Processes, 

15 Terms, and Conditions for Leasing Public Lands for 

16 Solar and Wind Energy Development and Technical 

17 Changes and Corrections’’ (81 Fed. Reg. 92122 

18 (December 19, 2016)) (or a successor regulation). 

19 (8) PUBLIC LANDS.—The term ‘‘public lands’’ 

20 has the meaning given that term in section 103(e) 

21 of the Federal Land Policy and Management Act of 

22 1976 (43 U.S.C. 1702(e)). 

23 (9) RENEWABLE ENERGY PROJECT.—The term 

24 ‘‘renewable energy project’’— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
101 

•HR 6747 IH

1 (A) means a project carried out on covered 

2 land that— 

3 (i) uses wind, solar, or geothermal en4 ergy to generate energy; or 

5 (ii) transmits electricity to support 

6 wind, solar, or geothermal energy genera7 tion; and 

8 (B) includes an energy storage project. 

9 (10) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of the Interior. 

11 (11) VARIANCE AREA.—The term ‘‘variance 

12 area’’ means covered land that is— 

13 (A) not an exclusion area; 

14 (B) not a priority area; and 

15 (C) identified through a transparent and 

16 inclusive public process by the Secretary as po17 tentially available for wind and solar energy de18 velopment that could be approved without a 

19 plan amendment, consistent with the principles 

20 of multiple use (as defined in the Federal Land 

21 Policy and Management Act of 1976 (43 U.S.C. 

22 1701 et seq.)). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
102 

•HR 6747 IH

1 SEC. 402. ESTABLISHMENT OF NATIONAL GOAL FOR RE2 NEWABLE ENERGY PRODUCTION ON FED3 ERAL LAND. 

4 (a) IN GENERAL.—Not later than January 1, 2024, 

5 the Secretary, in consultation with the Secretary of Agri6 culture and the head of other relevant Federal agencies, 

7 shall establish updated national goals for renewable energy 

8 production on Federal land. 

9 (b) MINIMUM PRODUCTION GOAL.—The Secretary 

10 shall seek to issue permits that, in total, authorize produc11 tion of not less than 60 gigawatts of electricity from wind, 

12 solar, and geothermal energy projects by not later than 

13 December 31, 2030, through management of Federal land 

14 and administration of Federal laws. 

15 SEC. 403. REQUIREMENT FOR LAND USE PLANNING AND 

16 UPDATES TO PROGRAMMATIC ENVIRON17 MENTAL IMPACT STATEMENTS. 

18 (a) PRIORITY AREAS.— 

19 (1) IN GENERAL.—The Secretary, in consulta20 tion with the Secretary of Energy, shall establish 

21 priority areas on covered land for solar and wind en22 ergy projects, consistent with the principles of mul23 tiple use (as defined in the Federal Land Policy and 

24 Management Act of 1976 (43 U.S.C. 1701 et seq.)) 

25 and the renewable energy permitting goal enacted by 

26 the Consolidated Appropriations Act of 2021 (Public 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
103 

•HR 6747 IH

1 Law 116–260). Among applications for a given re2 newable energy source, proposed projects located in 

3 priority areas for that renewable energy source 

4 shall— 

5 (A) be given the highest priority for 

6 incentivizing deployment thereon; and 

7 (B) be offered the opportunity to partici8 pate in any regional mitigation plan developed 

9 for the relevant priority areas. 

10 (2) ESTABLISHING PRIORITY AREAS.— 

11 (A) SOLAR ENERGY.—For solar energy, 

12 the Secretary shall finalize the document enti13 tled ‘‘Solar Programmatic Environmental Im14 pact Statement’’ (87 Fed. Reg. 75284 (Decem15 ber 8, 2022)), as soon as practicable, but not 

16 later than 18 months after the date of the en17 actment of this Act. 

18 (B) WIND ENERGY.—For wind energy, the 

19 Secretary shall complete a process to consider 

20 establishing additional wind priority areas as 

21 soon as practicable, but not later than 3 years, 

22 after the date of the enactment of this Act. 

23 (b) VARIANCE AREAS.—Variance areas shall be con24 sidered for wind and solar energy project development, 

25 consistent with the principles of multiple use (as defined 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
104 

•HR 6747 IH

1 in the Federal Land Policy and Management Act of 1976 

2 (43 U.S.C. 1701 et seq.)) and the renewable energy per3 mitting goal enacted by the Consolidated Appropriations 

4 Act of 2021 (Public Law 116–260). Applications for a 

5 given renewable energy source located in those variance 

6 areas shall be timely processed in order to assist in meet7 ing that goal. 

8 (c) REVIEW AND MODIFICATION.— 

9 (1) IN GENERAL.—Not less than once every 10 

10 years, the Secretary shall— 

11 (A) after an opportunity for public com12 ment, review the adequacy of land allocations 

13 for solar and wind energy priority, exclusion, 

14 and variance areas, and areas open or closed to 

15 geothermal leasing, for the purpose of encour16 aging and facilitating new renewable energy de17 velopment opportunities while avoiding, mini18 mizing, and compensating for adverse impacts 

19 to other public uses and values of public land, 

20 including wildlife habitat, listed species, water 

21 resources, cultural resources, recreational uses, 

22 lands with wilderness characteristics, lands with 

23 special management designations, cultural re24 sources, and areas of Tribal importance; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
105 

•HR 6747 IH

1 (B) based on the review carried out under 

2 subparagraph (A), add, modify, or eliminate 

3 priority, variance, and exclusion areas, and 

4 areas open or closed to geothermal leasing. 

5 (2) EXCEPTION.—Paragraph (1) shall not 

6 apply to the renewable energy land use planning 

7 published in the Desert Renewable Energy Con8 servation Plan developed by the California Energy 

9 Commission, the California Department of Fish and 

10 Wildlife, the Bureau of Land Management, and the 

11 United States Fish and Wildlife Service until Janu12 ary 1, 2030. 

13 (d) COMPLIANCE WITH THE NATIONAL ENVIRON14 MENTAL POLICY ACT.—For the purposes of this section, 

15 compliance with the National Environmental Policy Act 

16 of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished 

17 as follows: 

18 (1) GEOTHERMAL ENERGY.—In regard to geo19 thermal energy, by updating the document entitled 

20 ‘‘Final Programmatic Environmental Impact State21 ment for Geothermal Leasing in the Western United 

22 States’’, dated October 2008, and incorporating any 

23 additional regional analyses that have been com24 pleted by Federal agencies since that programmatic 

25 environmental impact statement was finalized. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
106 

•HR 6747 IH

1 (2) SOLAR ENERGY.—In regard to solar energy, 

2 by updating the document entitled ‘‘Final Pro3 grammatic Environmental Impact Statement (PEIS) 

4 for Solar Energy Development in Six Southwestern 

5 States’’, dated July 2012, and incorporating any ad6 ditional regional analyses that have been completed 

7 by Federal agencies since that programmatic envi8 ronmental impact statement was finalized. 

9 (3) WIND ENERGY.—In regard to wind energy, 

10 by updating the document entitled ‘‘Final Pro11 grammatic Environmental Impact Statement on 

12 Wind Energy Development on BLM–Administered 

13 Lands in the Western United States’’, dated July 

14 2005, and incorporating any additional regional 

15 analyses that have been completed by Federal agen16 cies since the programmatic environmental impact 

17 statement was finalized. 

18 (e) NO EFFECT ON PROCESSING SITE SPECIFIC AP19 PLICATIONS.—There shall be no changes in any require20 ments to conduct site specific environmental review and 

21 processing of permits for proposed projects during prepa22 ration of an updated programmatic environmental impact 

23 statement, resource management plan, or resource man24 agement plan amendment. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
107 

•HR 6747 IH

1 (f) COORDINATION.—In developing updates required 

2 by this section, the Secretary shall coordinate, on an ongo3 ing basis, with appropriate State, Tribal, and local govern4 ments, transmission infrastructure owners and operators, 

5 developers, and other appropriate entities to ensure that 

6 priority areas identified by the Secretary are— 

7 (1) economically viable (including having access 

8 to existing or planned transmission lines); 

9 (2) likely to avoid, minimize, and compensate 

10 for impacts to fish, wildlife, plants, and their habi11 tats, recreation, lands with wilderness characteris12 tics, lands with special management designations, 

13 cultural resources, areas of Tribal importance, and 

14 other uses of covered land; 

15 (3) prioritized on previously disturbed lands, in16 cluding commercial and industrial lands, mine lands, 

17 and previously contaminated sites; and 

18 (4) consistent with section 202 of the Federal 

19 Land Policy and Management Act of 1976 (43 

20 U.S.C. 1712), including subsection (c)(9) of that 

21 section (43 U.S.C. 1712(c)(9)). 

22 SEC. 404. LIMITED EXEMPTIONS FROM NEW REQUIRE23 MENTS. 

24 (a) REQUIREMENT TO PAY RENTS AND FEES.—Un25 less otherwise agreed to by the owner of a project, the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
108 

•HR 6747 IH

1 owner of a project that applied for a right-of-way under 

2 section 501 of the Federal Land Policy and Management 

3 Act of 1976 (43 U.S.C. 1761) on or before December 19, 

4 2016, shall be obligated to pay with respect to the right5 of-way all rents and fees in effect before the effective date 

6 of the rule of the Bureau of Land Management entitled 

7 ‘‘Competitive Processes, Terms, and Conditions for Leas8 ing Public Lands for Solar and Wind Energy Development 

9 and Technical Changes and Corrections’’ (81 Fed. Reg. 

10 92122 (December 19, 2016)). 

11 (b) DEFINITION OF PROJECT.—In this section, the 

12 term ‘‘project’’ means a system described in section 

13 2801.9(a)(4) of title 43, Code of Federal Regulations (as 

14 in effect on the date of the enactment of this Act). 

15 SEC. 405. DISTRIBUTION OF REVENUES. 

16 (a) DISPOSITION OF REVENUES.— 

17 (1) AVAILABILITY.—Except as provided in 

18 paragraph (2), beginning on January 1, 2024, of 

19 amounts collected from a wind or solar project as 

20 bonus bids, rentals, fees, or other payments under a 

21 right-of-way, permit, lease, or other authorization 

22 the following shall be made available, without fur23 ther appropriation or fiscal year limitation, as fol24 lows: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
109 

•HR 6747 IH

1 (A) 25 percent shall be paid by the Sec2 retary of the Treasury to the State within the 

3 boundaries of which the revenue is derived. 

4 (B) 25 percent shall be paid by the Sec5 retary of the Treasury to the one or more coun6 ties within the boundaries of which the revenue 

7 is derived, to be allocated among the counties 

8 based on the percentage of land from which the 

9 revenue is derived. 

10 (C) 25 percent shall be deposited in the 

11 Treasury and be made available to the Sec12 retary to carry out the program established 

13 under this Act, including the transfer of the 

14 funds by the Bureau of Land Management to 

15 other Federal agencies and State agencies to fa16 cilitate the processing of renewable energy per17 mits on Federal land, with priority given to 

18 using the amounts, to the maximum extent 

19 practicable without detrimental impacts to 

20 emerging markets, to expediting the issuance of 

21 permits required for the development of renew22 able energy projects in the States from which 

23 the revenues are derived. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
110 

•HR 6747 IH

1 (D) 25 percent shall be deposited in the 

2 Renewable Energy Resource Conservation Fund 

3 established by subsection (c). 

4 (2) EXCEPTIONS.—Paragraph (1) shall not 

5 apply to the following: 

6 (A) Amounts collected under section 

7 504(g) of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1764(g)). 

9 (B) Amounts deposited into the National 

10 Parks and Public Land Legacy Restoration 

11 Fund under section 200402(b) of title 54, 

12 United States Code. 

13 (3) RULEMAKING FOR PROJECTS LOCATED IN

14 MULTIPLE STATES.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary 

16 shall finalize a rule establishing a formula for the 

17 disposition of revenues provided under subparagraph 

18 (A) when a solar or wind energy project is located 

19 in more than one State. 

20 (b) PAYMENTS TO STATES AND COUNTIES.— 

21 (1) IN GENERAL.—Amounts paid to States and 

22 counties under subsection (a)(1) shall be used con23 sistent with section 35 of the Mineral Leasing Act 

24 (30 U.S.C. 191). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
111 

•HR 6747 IH

1 (2) PAYMENTS IN LIEU OF TAXES.—A payment 

2 to a county under paragraph (1) shall be in addition 

3 to a payment in lieu of taxes received by the county 

4 under chapter 69 of title 31, United States Code. 

5 (c) RENEWABLE ENERGY RESOURCE CONSERVATION

6 FUND.— 

7 (1) IN GENERAL.—There is established in the 

8 Treasury a fund to be known as the Renewable En9 ergy Resource Conservation Fund, which shall be 

10 administered by the Secretary, in consultation with 

11 the Secretary of Agriculture. 

12 (2) USE OF FUNDS.—The Secretary may make 

13 amounts in the Fund available to Federal, State, 

14 local, and Tribal agencies to be distributed in re15 gions in which renewable energy projects are located 

16 on Federal land. Such amounts may be used to— 

17 (A) restore and protect— 

18 (i) fish and wildlife habitat for af19 fected species; 

20 (ii) fish and wildlife corridors for af21 fected species; and 

22 (iii) wetlands, streams, rivers, and 

23 other natural water bodies in areas af24 fected by wind, geothermal, or solar energy 

25 development; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
112 

•HR 6747 IH

1 (B) preserve and improve recreational ac2 cess to Federal land and water in an affected 

3 region through an easement, right-of-way, or 

4 other instrument from willing landowners for 

5 the purpose of enhancing public access to exist6 ing Federal land and water that is inaccessible 

7 or restricted. 

8 (3) PARTNERSHIPS.—The Secretary may enter 

9 into cooperative agreements with State and Tribal 

10 agencies, nonprofit organizations, and other appro11 priate entities to carry out the activities described in 

12 paragraph (2). 

13 (4) INVESTMENT OF FUND.— 

14 (A) IN GENERAL.—Amounts deposited in 

15 the Fund shall earn interest in an amount de16 termined by the Secretary of the Treasury on 

17 the basis of the current average market yield on 

18 outstanding marketable obligations of the 

19 United States of comparable maturities. 

20 (B) USE.—Interest earned under subpara21 graph (A) may be expended in accordance with 

22 this subsection. 

23 (5) REPORT TO CONGRESS.—At the end of each 

24 fiscal year, the Secretary shall submit a report to 

25 the Committee on Natural Resources of the House 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
113 

•HR 6747 IH

1 of Representatives and the Committee on Energy 

2 and Natural Resources of the Senate that includes 

3 a description of— 

4 (A) the amount collected as described in 

5 subsection (a), by source, during that fiscal 

6 year; 

7 (B) the amount and purpose of payments 

8 during that fiscal year to each Federal, State, 

9 local, and Tribal agency under paragraph (2); 

10 and 

11 (C) the amount remaining in the Fund at 

12 the end of the fiscal year. 

13 (6) INTENT OF CONGRESS.—It is the intent of 

14 Congress that the revenues deposited and used in 

15 the Fund shall supplement (and not supplant) an16 nual appropriations for activities described in para17 graph (2). 

18 SEC. 406. INCENTIVES FOR RENEWABLE ENERGY DEVELOP19 MENT IN PRIORITY AREAS. 

20 The Secretary may establish, by regulation, incen21 tives to be provided to owners of wind and solar energy 

22 projects in priority areas established under section 403. 

23 SEC. 407. SAVINGS CLAUSE. 

24 Notwithstanding any other provision of this title, the 

25 Secretary shall continue to manage public lands under the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
114 

•HR 6747 IH

1 principles of multiple use and sustained yield in accord2 ance with title I of the Federal Land Policy and Manage3 ment Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest 

4 and Rangeland Renewable Resources Planning Act of 

5 1974 (16 U.S.C. 1600 et seq.), as applicable, including 

6 due consideration of mineral and nonrenewable energy-re7 lated projects and other nonrenewable energy uses, for the 

8 purposes of land use planning, permit processing, and con9 ducting environmental reviews. 

10 TITLE V—MODERNIZATION OF 

11 OFFSHORE RENEWABLE EN12 ERGY PERMITTING 

13 SEC. 501. ESTABLISHMENT OF NATIONAL OFFSHORE WIND 

14 PERMITTING TARGET. 

15 (a) IN GENERAL.—The Secretary of the Interior 

16 shall, in consultation with the Secretary of Energy and 

17 other relevant Federal agencies and State governments, 

18 establish and periodically update national goals for off19 shore wind energy production on the Outer Continental 

20 Shelf. 

21 (b) MINIMUM PRODUCTION REQUIREMENTS FOR

22 2030 AND 2035.—Through management of the Outer 

23 Continental Shelf and administration of the Outer Conti24 nental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Sec25 retary of the Interior shall seek to issue permits that, in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
115 

•HR 6747 IH

1 total, authorize production of electricity from offshore 

2 wind energy projects of not less than— 

3 (1) 30 gigawatts of electricity by not later than 

4 2030; and 

5 (2) 50 gigawatts of electricity by not later than 

6 2035. 

7 SEC. 502. INCREASED RESPONSIBLE DEVELOPMENT OF 

8 OFFSHORE RENEWABLE ENERGY PROJECTS. 

9 (a) DEFINITIONS.—Section 2 of the Outer Conti10 nental Shelf Lands Act (43 U.S.C. 1331) is amended— 

11 (1) in the second subsection (r), as added by 

12 section 50251(b)(1)(A)(iv) of Public Law 117– 

13 169— 

14 (A) by redesignating such subsection (r) as 

15 subsection (t); and 

16 (B) by inserting after the enumerator 

17 ‘‘STATE.—’’; and 

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

19 ‘‘(u) OFFSHORE RENEWABLE ENERGY PROJECT.— 

20 The term ‘offshore renewable energy project’ means a 

21 project to carry out an activity described in section 

22 8(p)(1)(C) related to wind, solar, wave, or tidal energy.’’. 

23 (b) NATIONAL POLICY FOR THE OUTER CONTI24 NENTAL SHELF.—Section 3 of the Outer Continental 

25 Shelf Lands Act (43 U.S.C. 1332) is amended— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
116 

•HR 6747 IH

1 (1) by amending paragraph (3) to read as fol2 lows: 

3 ‘‘(3) the outer Continental Shelf is a vital na4 tional resource reserve held by the Federal Govern5 ment for the public, which should be made available 

6 for expeditious and orderly development, subject to 

7 environmental safeguards and coexistence with other 

8 ocean users, in a manner which includes— 

9 ‘‘(A) supporting the generation, trans10 mission, and storage of zero-emission electricity; 

11 and 

12 ‘‘(B) the maintenance of competition and 

13 other national needs, including the need to 

14 achieve State and Federal zero-emission elec15 tricity or renewable energy mandates, targets, 

16 and goals;’’; 

17 (2) by redesignating paragraphs (5) and (6) as 

18 paragraphs (6) and (7), respectively; and 

19 (3) by inserting after paragraph (4) the fol20 lowing: 

21 ‘‘(5) the identification, development, and pro22 duction of lease areas for offshore renewable energy 

23 projects should be determined by a robust and trans24 parent stakeholder process that incorporates engage25 ment and input from a diverse group of ocean users 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
117 

•HR 6747 IH

1 and other impacted stakeholders, and Federal, 

2 State, Tribal, and local governments;’’. 

3 (c) LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON

4 THE OUTER CONTINENTAL SHELF.—Section 8(p) of the 

5 Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)) 

6 is amended— 

7 (1) in paragraph (2)— 

8 (A) in subparagraph (B)— 

9 (i) by striking ‘‘27’’ and inserting 

10 ‘‘17’’; 

11 (ii) by striking ‘‘three’’ and inserting 

12 ‘‘100’’; and 

13 (iii) by striking ‘‘15’’ and inserting 

14 ‘‘100’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(C) PAYMENTS FOR CONSERVATION AND MITI17 GATION ACTIVITIES.— 

18 ‘‘(i) IN GENERAL.—Notwithstanding sec19 tion 9, the Secretary shall, without appropria20 tion or fiscal year limitation, use 10 percent of 

21 the revenue received by the Federal Govern22 ment from royalties, fees, rents, bonuses, and 

23 other payments from any lease, easement, or 

24 right-of-way granted under this subsection to 

25 provide grants to— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
118 

•HR 6747 IH

1 ‘‘(I) State, local, and Tribal govern2 ments, and regional partnerships thereof, 

3 including Regional Ocean Partnerships, 

4 Regional Wildlife Science Collaboratives, 

5 and other similar organizations; and 

6 ‘‘(II) nonprofit organizations. 

7 ‘‘(ii) USE OF GRANTS.—Grants provided 

8 under clause (i) shall be used for carrying out 

9 activities related to marine and coastal habitat 

10 protection and restoration, mitigation of dam11 age to natural resources and marine life that 

12 results from activities authorized by this sub13 section, relevant research and data sharing ini14 tiatives, or increasing the organizational capac15 ity of an entity described in subclause (I) or 

16 (II) of clause (i) to increase the effectiveness of 

17 entities that carry out such activities. 

18 ‘‘(D) OFFSHORE RENEWABLE ENERGY COM19 PENSATION FUND.—Notwithstanding section 9, the 

20 Secretary shall, without appropriation or fiscal year 

21 limitation, deposit 10 percent of the revenue received 

22 by the Federal Government from royalties, fees, 

23 rents, bonuses, and other payments from any lease, 

24 easement, or right-of-way granted under this subVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
119 

•HR 6747 IH

1 section into the Offshore Renewable Energy Com2 pensation Fund established under section 34.’’; 

3 (2) by amending paragraph (3) to read as fol4 lows: 

5 ‘‘(3) LEASING.— 

6 ‘‘(A) COMPETITIVE OR NONCOMPETITIVE

7 BASIS.—The Secretary shall issue a lease, ease8 ment, or right-of-way under paragraph (1) on a 

9 competitive basis unless the Secretary deter10 mines after public notice of a proposed lease, 

11 easement, or right-of-way that there is no com12 petitive interest. 

13 ‘‘(B) SCHEDULE OF OFFSHORE RENEW14 ABLE ENERGY LEASE SALES.—The Secretary 

15 shall, after providing an opportunity for public 

16 notice and comment, publish and periodically 

17 update a schedule of areas that may be avail18 able for leasing in the future for offshore re19 newable energy projects, indicating, to the ex20 tent possible, the timing of site identification 

21 activities, the timing of designation of any area 

22 to be leased, the anticipated size of such areas, 

23 the timing of lease sales, and the location of 

24 leasing activities. 

25 ‘‘(C) MULTI-FACTOR BIDDING.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
120 

•HR 6747 IH

1 ‘‘(i) IN GENERAL.—The Secretary 

2 may consider non-monetary factors when 

3 competitively awarding leases under para4 graph (1), which may include commitments 

5 made by the bidder to— 

6 ‘‘(I) support educational, train7 ing, and skills development, including 

8 supporting or increasing access to reg9 istered apprenticeship programs and 

10 pre-apprenticeship programs that have 

11 an articulation agreement with a reg12 istered apprenticeships program for 

13 offshore renewable energy projects; 

14 ‘‘(II) support development of do15 mestic supply chains for offshore re16 newable energy projects, including de17 velopment of ports and other energy 

18 infrastructure necessary to facilitate 

19 offshore renewable energy projects; 

20 ‘‘(III) establish a community 

21 benefit agreement with one or more 

22 community or stakeholder groups that 

23 may be impacted by the development 

24 and operation of an offshore renewVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
121 

•HR 6747 IH

1 able energy project, which may in2 clude covered entities; 

3 ‘‘(IV) make investments to evalu4 ate, monitor, improve, and mitigate 

5 impacts to the health and biodiversity 

6 of ecosystems and wildlife from the 

7 development and operation of an off8 shore renewable energy project; 

9 ‘‘(V) support the development 

10 and use of shared transmission infra11 structure connecting to offshore re12 newable energy projects; and 

13 ‘‘(VI) make other investments de14 termined appropriate by the Sec15 retary. 

16 ‘‘(ii) CONTRACTUAL COMMITMENTS.— 

17 When considering non-monetary factors 

18 under this subparagraph, the Secretary 

19 may— 

20 ‘‘(I) evaluate the quality of com21 mitments made by the bidder; and 

22 ‘‘(II) reward finalized binding 

23 agreements above assurances for fu24 ture commitments. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
122 

•HR 6747 IH

1 ‘‘(iii) DEFINITIONS.—In this subpara2 graph: 

3 ‘‘(I) COVERED ENTITY.—The 

4 term ‘covered entity’ has the meaning 

5 given such term in section 34(k). 

6 ‘‘(II) REGISTERED APPRENTICE7 SHIP PROGRAM.—The term ‘registered 

8 apprenticeship program’ means an ap9 prenticeship program registered under 

10 the Act of August 16, 1937 (com11 monly known as the National Appren12 ticeship Act; 50 Stat. 664, chapter 

13 663; 29 U.S.C. 50 et seq.).’’; 

14 (3) by amending paragraph (4) to read as fol15 lows: 

16 ‘‘(4) REQUIREMENTS.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 ensure that any activity under this subsection is 

19 carried out in a manner that provides for— 

20 ‘‘(i) safety; 

21 ‘‘(ii) protection of the environment, 

22 which includes facilitation of the genera23 tion, transmission, and storage of zero24 emission electricity; 

25 ‘‘(iii) prevention of waste; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
123 

•HR 6747 IH

1 ‘‘(iv) conservation of the natural re2 sources of the outer Continental Shelf; 

3 ‘‘(v) coordination with relevant Fed4 eral agencies and State, Tribal, and local 

5 governments; 

6 ‘‘(vi) protection of national security 

7 interests of the United States; 

8 ‘‘(vii) protection of correlative rights 

9 in the outer Continental Shelf; 

10 ‘‘(viii) a fair return to the United 

11 States for any lease, easement, or right-of12 way under this subsection; 

13 ‘‘(ix) reasonable uses (as determined 

14 by the Secretary) of the exclusive economic 

15 zone, the high seas, and the territorial 

16 seas; 

17 ‘‘(x) consideration of— 

18 ‘‘(I) the location of, and any 

19 schedule relating to, a lease, ease20 ment, or right-of-way for an area of 

21 the outer Continental Shelf; and 

22 ‘‘(II) any other use of the sea or 

23 seabed, including use for a fishery, a 

24 sealane, a potential site of a deep25 water port, or navigation; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
124 

•HR 6747 IH

1 ‘‘(xi) public notice and comment on 

2 any proposal submitted for a lease, ease3 ment, or right-of-way under this sub4 section; 

5 ‘‘(xii) oversight, inspection, research, 

6 monitoring, and enforcement relating to a 

7 lease, easement, or right-of-way under this 

8 subsection; and 

9 ‘‘(xiii) satisfaction of any applicable 

10 State and Federal renewable and clean en11 ergy mandates, targets, and goals. 

12 ‘‘(B) PROJECT LABOR AGREEMENTS.— 

13 ‘‘(i) IN GENERAL.—Beginning not 

14 later than January 1, 2025, the Secretary 

15 shall require, as a term or condition of 

16 each lease, right-of-way, and easement, as 

17 applicable, for an offshore renewable en18 ergy project that the holder of the lease, 

19 right-of-way, or easement, (and any suc20 cessor or assignee) and its agents, contrac21 tors, and subcontractors engaged in the 

22 construction of any facilities for such off23 shore renewable energy project agree, for 

24 purposes of such construction, to negotiate 

25 and become a party to a project labor 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
125 

•HR 6747 IH

1 agreement with one or more labor organi2 zations. A project labor agreement shall 

3 bind all contractors and subcontractors on 

4 the project through the inclusion of appro5 priate specifications in all relevant solicita6 tion provisions and contract documents. 

7 The Secretary shall not approve a con8 struction and operations plan with respect 

9 to any offshore renewable energy project 

10 until being assured by the lessee that such 

11 project labor agreement will be maintained 

12 for the duration of the project. 

13 ‘‘(ii) DEFINITIONS.—In this subpara14 graph: 

15 ‘‘(I) CONSTRUCTION.—The term 

16 ‘construction’ includes reconstruction, 

17 rehabilitation, modernization, alter18 ation, conversion, extension, repair, or 

19 improvement of any facility, structure, 

20 or other real property (including any 

21 onshore facilities) for an offshore re22 newable energy project. 

23 ‘‘(II) LABOR ORGANIZATION.— 

24 The term ‘labor organization’ means a 

25 labor organization as defined in secVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
126 

•HR 6747 IH

1 tion 2(5) of the National Labor Rela2 tions Act (29 U.S.C. 152(5))— 

3 ‘‘(aa) of which building and 

4 construction employees are mem5 bers; and 

6 ‘‘(bb) that directly, or 

7 through its affiliates, sponsors a 

8 registered apprenticeship pro9 gram. 

10 ‘‘(III) PROJECT LABOR AGREE11 MENT.—The term ‘project labor 

12 agreement’ means a pre-hire collective 

13 bargaining agreement with one or 

14 more labor organizations that estab15 lishes the terms and conditions of em16 ployment for a specific construction 

17 project and is an agreement described 

18 in section 8(e) and (f) of the National 

19 Labor Relations Act (29 U.S.C. 

20 158(f)). 

21 ‘‘(IV) REGISTERED APPRENTICE22 SHIP PROGRAM.—The term ‘registered 

23 apprenticeship program’ means an ap24 prenticeship program registered under 

25 the Act of August 16, 1937 (comVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
127 

•HR 6747 IH

1 monly known as the National Appren2 ticeship Act; 50 Stat. 664, chapter 

3 663; 29 U.S.C. 50 et seq.). 

4 ‘‘(C) DOMESTIC CONTENT.— 

5 ‘‘(i) IN GENERAL.—With respect to 

6 the construction of facilities for an offshore 

7 renewable energy project that begins after 

8 January 1, 2032, the Secretary shall re9 quire that— 

10 ‘‘(I) all structural iron and steel 

11 products that are (upon completion of 

12 construction) components of such fa13 cilities for an offshore renewable en14 ergy project shall be produced in the 

15 United States; and 

16 ‘‘(II) not less than 80 percent of 

17 the total costs of all manufactured 

18 products that are (upon completion of 

19 construction) components of such fa20 cilities shall be attributable to manu21 factured products which are mined, 

22 produced, or manufactured in the 

23 United States. 

24 ‘‘(ii) WAIVER.—The Secretary may 

25 waive the requirements of clause (i) in any 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
128 

•HR 6747 IH

1 case or category of cases in which the Sec2 retary finds that— 

3 ‘‘(I) applying clause (i) would be 

4 inconsistent with the public interest; 

5 ‘‘(II) such products are not pro6 duced in the United States in suffi7 cient and reasonably available quan8 tities and of a satisfactory quality; or 

9 ‘‘(III) the use of such products 

10 will increase the cost of the overall 

11 project by more than 25 percent. 

12 ‘‘(iii) PUBLIC NOTIFICATION.—If the 

13 Secretary receives a request for a waiver 

14 under this subparagraph, the Secretary 

15 shall make available to the public a copy of 

16 the request and information available to 

17 the Secretary concerning the request, and 

18 shall allow for informal public input on the 

19 request for at least 15 business days prior 

20 to making a finding based on the request. 

21 The Secretary shall make the request and 

22 accompanying information available to the 

23 public by electronic means, including on 

24 the official public Internet site of the De25 partment of the Interior. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
129 

•HR 6747 IH

1 ‘‘(iv) INTERNATIONAL AGREE2 MENTS.—This paragraph shall be applied 

3 in a manner consistent with United States 

4 obligations under international agree5 ments.’’; 

6 (4) by amending paragraph (7) to read as fol7 lows: 

8 ‘‘(7) COORDINATION AND CONSULTATION.—The 

9 Secretary shall provide for coordination and con10 sultation with— 

11 ‘‘(A) the Governor of any State or the ex12 ecutive of any local government that may be af13 fected by a lease, easement, or right-of-way 

14 under this subsection; and 

15 ‘‘(B) Indian Tribes (following the proce16 dures of the President’s Memorandum of Uni17 form Standards for Tribal Consultation, issued 

18 on November 30, 2022 (87 Fed. Reg. 74479), 

19 or any subsequent order) before undertaking 

20 any activities under this subsection that may 

21 have a direct, indirect, or cumulative impact 

22 on— 

23 ‘‘(i) the land, including allotted, 

24 ceded, or traditional land, or interests in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
130 

•HR 6747 IH

1 such land of an Indian Tribe or member of 

2 an Indian Tribe; 

3 ‘‘(ii) Tribal land, cultural practices, 

4 resources, or access to traditional areas of 

5 cultural or religious importance; 

6 ‘‘(iii) any part of any Federal land 

7 that shares a border with Indian country, 

8 as such term is defined in section 1151 of 

9 title 18, United States Code; 

10 ‘‘(iv) the protected rights of an Indian 

11 Tribe, whether or not such rights are enu12 merated in a treaty, including water, hunt13 ing, gathering, and fishing rights; 

14 ‘‘(v) the ability of an Indian Tribe to 

15 govern or provide services to members of 

16 the Indian Tribe; 

17 ‘‘(vi) the relationship between the 

18 Federal Government and an Indian Tribe; 

19 or 

20 ‘‘(vii) the trust responsibility of the 

21 Federal Government to an Indian Tribe.’’; 

22 (5) by amending paragraph (10) to read as fol23 lows: 

24 ‘‘(10) APPLICABILITY.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
131 

•HR 6747 IH

1 ‘‘(A) IN GENERAL.—This subsection does 

2 not apply to any area on the outer Continental 

3 Shelf within the exterior boundaries of any unit 

4 of the National Park System, National Wildlife 

5 Refuge System, or National Marine Sanctuary 

6 System, or any National Monument. 

7 ‘‘(B) CERTAIN TRANSMISSION INFRA8 STRUCTURE.— 

9 ‘‘(i) IN GENERAL.—Notwithstanding 

10 subparagraph (A), if otherwise authorized 

11 pursuant to the National Marine Sanc12 tuaries Act (16 U.S.C. 1431 et seq.), the 

13 Secretary may issue a lease, easement, or 

14 right-of-way to enable the transmission of 

15 electricity generated by an offshore renew16 able energy project. 

17 ‘‘(ii) TERMS AND CONDITIONS.—In 

18 issuing a lease, easement, or right-of-way 

19 under clause (i), the Secretary may ap20 prove and regulate the construction and 

21 operation of such transmission facilities 

22 (including electrical substations and other 

23 related infrastructure) for the transmission 

24 of electricity generated by such projects in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
132 

•HR 6747 IH

1 a manner that minimizes environmental 

2 impacts. 

3 ‘‘(iii) COORDINATION.—In regulating 

4 the construction and operation of trans5 mission facilities and related infrastructure 

6 under clause (ii), the Secretary shall co7 ordinate with the Secretary of Commerce 

8 to ensure the duration of any necessary 

9 authorizations of such facilities under the 

10 National Marine Sanctuaries Act aligns 

11 with the duration of the relevant leases, 

12 easements, or rights-of-way issued under 

13 clause (i).’’; and 

14 (6) by adding at the end the following: 

15 ‘‘(11) PLANNING AREA IMPACT STUDIES.— 

16 ‘‘(A) IN GENERAL.—Beginning three years 

17 after the date of enactment of this paragraph, 

18 before holding any lease sale pursuant to para19 graph (1) for an area, the Secretary shall con20 duct a study of such area, or the wider plan21 ning area that includes such area, in order to 

22 establish information needed for assessment 

23 and management of the environmental impacts 

24 on the human, marine, and coastal environ25 ments of the outer Continental Shelf and the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
133 

•HR 6747 IH

1 coastal areas which may be affected by offshore 

2 renewable energy projects in such area or plan3 ning area. 

4 ‘‘(B) INCLUSIONS.—A study conducted 

5 under subparagraph (A) shall— 

6 ‘‘(i) incorporate the best available ex7 isting science and data; 

8 ‘‘(ii) identify areas for which there is 

9 insufficient science and data; and 

10 ‘‘(iii) include consideration of the cu11 mulative impacts (including potential navi12 gational impacts) of offshore renewable en13 ergy projects on human, marine, and 

14 coastal environments. 

15 ‘‘(C) USE OF DATA AND ASSESSMENTS.— 

16 The Secretary shall use the data and assess17 ments included in studies conducted under this 

18 paragraph, as appropriate, when deciding— 

19 ‘‘(i) which portions of an area or re20 gion are most appropriate to make avail21 able for leasing; and 

22 ‘‘(ii) whether to issue any permit or 

23 other authorization that is necessary to 

24 carry out an offshore renewable energy 

25 project. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
134 

•HR 6747 IH

1 ‘‘(D) NEPA APPLICABILITY.—The Sec2 retary shall not consider a study conducted 

3 under subparagraph (A) to be a major Federal 

4 action under section 102(2)(C) of the National 

5 Environmental Policy Act of 1969 (42 U.S.C. 

6 4332(2)(C)). 

7 ‘‘(12) CAPACITY BUILDING AND COMMUNITY

8 ENGAGEMENT.— 

9 ‘‘(A) IN GENERAL.—The Secretary, in con10 sultation with the Secretary of Commerce, may 

11 award grants to entities to build organizational 

12 capacity and enhance engagement opportunities 

13 related to offshore renewable energy project de14 velopment, including environmental reviews and 

15 permitting activities of such projects. 

16 ‘‘(B) PURPOSES.—Grants awarded under 

17 subparagraph (A) shall be used by entities to— 

18 ‘‘(i) enable States, Indian Tribes, af19 fected ocean users, and nonprofit associa20 tions that represent affected ocean users to 

21 compile data, conduct analyses, educate 

22 stakeholders, and complete other activities 

23 relating to offshore renewable energy 

24 project development; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
135 

•HR 6747 IH

1 ‘‘(ii) engage in planning activities and 

2 in the development of offshore wind 

3 projects for the purposes of— 

4 ‘‘(I) determining potential eco5 nomic, social, public health, and envi6 ronmental benefits and impacts; and 

7 ‘‘(II) identifying opportunities to 

8 mitigate such impacts; 

9 ‘‘(iii) facilitate siting of offshore re10 newable energy projects and associated 

11 electric transmission infrastructure; and 

12 ‘‘(iv) hire and train personnel, and 

13 other activities designed to increase the ca14 pacity of States, Indian Tribes, and non15 profit associations, as applicable, to carry 

16 out activities described in clauses (i) 

17 through (iii). 

18 ‘‘(C) PRIORITIZATION.—When awarding 

19 grants under subparagraph (A), the Secretary 

20 shall prioritize awarding grants that will be 

21 used to build organizational capacity and en22 hance community engagement opportunities of 

23 Indian Tribes. 

24 ‘‘(D) AUTHORIZATION OF APPROPRIA25 TIONS.—There are authorized to be approVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
136 

•HR 6747 IH

1 priated to the Secretary to carry out this para2 graph $25,000,000 for each of fiscal years 

3 2024 through 2028.’’. 

4 (d) RESERVATIONS.—Section 12(a) of the Outer 

5 Continental Shelf Lands Act (43 U.S.C. 1341(a)) is 

6 amended to read as follows— 

7 ‘‘(a) WITHDRAWAL OF UNLEASED LANDS BY THE

8 PRESIDENT.— 

9 ‘‘(1) IN GENERAL.—The President of the 

10 United States may, from time to time, withdraw 

11 from disposition any of the unleased lands of the 

12 outer Continental Shelf. 

13 ‘‘(2) REVERSAL FOR CERTAIN OFFSHORE RE14 NEWABLE ENERGY PROJECTS.—With respect to a 

15 withdrawal under paragraph (1) of unleased lands 

16 from disposition, the President may reverse such a 

17 withdrawal only to allow for leasing under section 

18 (8)(p)(1)(C) and only if the President determines 

19 that environmental, national security, or national or 

20 regional energy conditions or demands have changed 

21 such that a reversal would be in the public inter22 est.’’. 

23 (e) CITIZEN SUITS, COURT JURISDICTION, AND JU24 DICIAL REVIEW.—Section 23(c)(2) of the Outer ContiVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
137 

•HR 6747 IH

1 nental Shelf Lands Act (43 U.S.C. 1349(c)(2)) is amend2 ed to read as follows: 

3 ‘‘(2) Any action of the Secretary to approve, require 

4 modification of, or disapprove any exploration plan or de5 velopment and production plan under this Act, or any 

6 plan, final lease, easement, or right-of-way granted pursu7 ant to section (8)(p)(1) (and any related final Federal 

8 agency actions), shall be subject to judicial review only in 

9 a United States court of appeals for a circuit in which 

10 an affected State is located.’’. 

11 (f) UPDATING REGULATIONS.—Not later than 270 

12 days after the date of enactment of this section, the Sec13 retary of the Interior shall issue any necessary regulations 

14 to carry out this section and the amendments made by 

15 this section. 

16 SEC. 503. ESTABLISHMENT OF OFFSHORE RENEWABLE EN17 ERGY COMPENSATION FUND. 

18 The Outer Continental Shelf Lands Act (43 U.S.C. 

19 1331 et seq.) is amended by adding at the end the fol20 lowing: 

21 ‘‘SEC. 34. OFFSHORE RENEWABLE ENERGY COMPENSATION 

22 FUND. 

23 ‘‘(a) ESTABLISHMENT.—There is established in the 

24 Treasury of the United States the Offshore Renewable 

25 Energy Compensation Fund, which shall be used by the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
138 

•HR 6747 IH

1 Secretary, or a third-party the Secretary enters into a con2 tract with, to provide to covered entities— 

3 ‘‘(1) payments for claims— 

4 ‘‘(A) described under subsection (f)(1); and 

5 ‘‘(B) verified pursuant to subsection 

6 (d)(1); and 

7 ‘‘(2) grants to carry out mitigation activities de8 scribed in subsection (f)(2). 

9 ‘‘(b) AVAILABILITY OF FUND.—The Fund shall be 

10 available to the Secretary without fiscal year limitations 

11 for the purpose of providing payments and grants under 

12 subsection (a). 

13 ‘‘(c) ACCOUNTS.—The Fund shall— 

14 ‘‘(1) consist of the royalties, fees, rents, bo15 nuses, and other payments deposited under section 

16 8(p)(2)(D); and 

17 ‘‘(2) be divided into separate area accounts 

18 from which payments and grants shall be provided 

19 based on the area in which damages occur. 

20 ‘‘(d) REGULATIONS.—The Secretary shall establish, 

21 by regulation, a process to— 

22 ‘‘(1) file, process, and verify claims for purposes 

23 of providing payments under subsection (a)(1); and 

24 ‘‘(2) apply for a grant provided under sub25 section (a)(2). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
139 

•HR 6747 IH

1 ‘‘(e) PAYMENT AMOUNT.—Payments provided under 

2 subsection (a)(1) shall— 

3 ‘‘(1) be based on the scope of the verified claim; 

4 ‘‘(2) be fair and provided efficiently and in a 

5 transparent manner; and 

6 ‘‘(3) if the covered entity receiving the payment 

7 has or will receive direct compensation for the 

8 verified claim pursuant to a community benefit 

9 agreement or other agreement between such covered 

10 entity and a holder of a lease, easement, or right11 of-way, be reduced by an amount that is equal to the 

12 amount of such direct compensation. 

13 ‘‘(f) CLAIMS; MITIGATION GRANTS.— 

14 ‘‘(1) CLAIMS.—A payment may be provided 

15 under subsection (a)(1) for a verified claim to— 

16 ‘‘(A) replace or repair gear that was lost or 

17 damaged by the development, construction, op18 eration, or decommissioning of an offshore re19 newable energy project; or 

20 ‘‘(B) replace income that was lost from the 

21 development, construction, operation, or decom22 missioning of an offshore renewable energy 

23 project. 

24 ‘‘(2) MITIGATION GRANTS.—If the Secretary 

25 determines that there are sufficient amounts in an 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
140 

•HR 6747 IH

1 area account of the Fund to provide payments for 

2 all verified claims at any given time, the Secretary 

3 may use amounts in the Fund to provide grants to 

4 covered entities, and other entities determined ap5 propriate by the Secretary, to mitigate the potential 

6 effects of development, construction, operation, and 

7 decommissioning of an offshore renewable energy 

8 project, including by paying for gear changes, navi9 gation technology improvements, and other measures 

10 to enhance the safety and resiliency of the covered 

11 entities near an offshore renewable energy project. 

12 ‘‘(g) ADVISORY GROUP.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall estab14 lish and regularly convene an advisory group that 

15 shall provide recommendations on the development 

16 and administration of this section. 

17 ‘‘(2) MEMBERSHIP.—The advisory group 

18 shall— 

19 ‘‘(A) be comprised of individuals— 

20 ‘‘(i) appointed by the Secretary; and 

21 ‘‘(ii) representing the geographic di22 versity of areas impacted by the develop23 ment, construction, operation, or decom24 missioning of offshore renewable energy 

25 projects; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
141 

•HR 6747 IH

1 ‘‘(B) include representatives from— 

2 ‘‘(i) recreational fishing interests; 

3 ‘‘(ii) commercial fishing interests; 

4 ‘‘(iii) Tribal fishing interests; 

5 ‘‘(iv) the National Marine Fisheries 

6 Services; 

7 ‘‘(v) the fisheries science community; 

8 and 

9 ‘‘(vi) other fields of expertise nec10 essary to effectively develop and administer 

11 this section, as determined by the Sec12 retary. 

13 ‘‘(3) TRAVEL EXPENSES.—The Secretary may 

14 provide amounts to any member of the advisory 

15 group to pay for travel expenses, including per diem 

16 in lieu of subsistence, at rates authorized for an em17 ployee of an agency under section 5703 of title 5, 

18 United States Code, while away from the home or 

19 regular place of business of the member in the per20 formance of the duties of the advisory group. 

21 ‘‘(h) INSUFFICIENT FUNDS.— 

22 ‘‘(1) IN GENERAL.—If the Secretary determines 

23 that an area account does not contain a sufficient 

24 amount to provide payments under subsection 

25 (a)(1), the Secretary may, not more than once each 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
142 

•HR 6747 IH

1 calendar year, require any holder of an offshore re2 newable energy lease located within the area covered 

3 by the area account to pay an amount specified by 

4 the Secretary, which shall be deposited into such 

5 area account. 

6 ‘‘(2) AMOUNT.—No holder of an offshore re7 newable energy lease shall be required to pay an 

8 amount under paragraph (1) in excess of $3 per 

9 acre of the leased land described in paragraph (1). 

10 ‘‘(i) ADMINISTRATIVE EXPENSES.—The Secretary 

11 may use up to 15 percent of the amount deposited into 

12 the Fund under section 8(p)(2)(D) during a given fiscal 

13 year for administrative expenses to carry out this section. 

14 ‘‘(j) ANNUAL REPORT.—The Secretary shall submit 

15 to Congress, and make publicly available, an annual report 

16 on activities carried out under this section, including a de17 scription of claims filed and the amount of payments and 

18 grants provided. 

19 ‘‘(k) DEFINITIONS.—In this section: 

20 ‘‘(1) COVERED ENTITY.—The term ‘covered en21 tity’ means— 

22 ‘‘(A) a community, stakeholder, or Tribal 

23 interest— 

24 ‘‘(i) that uses a geographic space of a 

25 lease area, or uses resources harvested 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
143 

•HR 6747 IH

1 from a geographic space of a lease area; 

2 and 

3 ‘‘(ii) for which such use is directly and 

4 adversely impacted by the development, 

5 construction, operation, or decommis6 sioning of an offshore renewable energy 

7 project located in such leased area; or 

8 ‘‘(B) a regional association, cooperative, 

9 non-profit organization, commission, or corpora10 tion that— 

11 ‘‘(i) serves a community, stakeholder, 

12 or Tribal interest described in subpara13 graph (A); and 

14 ‘‘(ii) acts on behalf of such a commu15 nity, stakeholder, or Tribal interest for 

16 purposes of this section, including by sub17 mitting a claim for a covered entity. 

18 ‘‘(2) FUND.—The term ‘Fund’ means the Off19 shore Renewable Energy Compensation Fund estab20 lished under subsection (a). 

21 ‘‘(3) LEASE AREA.—The term ‘lease area’ 

22 means an area covered by an offshore renewable en23 ergy lease. 

24 ‘‘(4) OFFSHORE RENEWABLE ENERGY LEASE.— 

25 The term ‘offshore renewable energy lease’ means a 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
144 

•HR 6747 IH

1 lease, easement, or right-of-way granted under sec2 tion 8(p)(1)(C).’’. 

3 TITLE VI—EMPOWERMENT OF 

4 COMMUNITIES 

5 SEC. 601. ESTABLISHMENT OF OFFICE OF ENVIRONMENTAL 

6 JUSTICE AND EXTERNAL CIVIL RIGHTS. 

7 (a) ESTABLISHMENT.—The Administrator of the En8 vironmental Protection Agency shall maintain within the 

9 Environmental Protection Agency an Office of Environ10 mental Justice and External Civil Rights (referred to in 

11 this section as the ‘‘Office’’)— 

12 (1) to lead the agency-wide effort of the Envi13 ronmental Protection Agency in addressing the 

14 needs of communities with environmental justice 

15 concerns; 

16 (2) to maximize the benefits of programs and 

17 activities of the Environmental Protection Agency to 

18 communities with environmental justice concerns; 

19 and 

20 (3) to enforce title VI of the Civil Rights Act 

21 of 1964 and other Federal civil rights laws, which 

22 together prohibit discrimination by applicants for 

23 and recipients of financial assistance from the Envi24 ronmental Protection Agency. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
145 

•HR 6747 IH

1 (b) ASSISTANT ADMINISTRATOR FOR ENVIRON2 MENTAL JUSTICE AND EXTERNAL CIVIL RIGHTS.—The 

3 Office shall be led by an Assistant Administrator for Envi4 ronmental Justice and External Civil Rights (referred to 

5 in this section as the ‘‘Assistant Administrator’’), to be 

6 appointed by the President, with the advice and consent 

7 of the Senate. 

8 (c) DUTIES.—The duties of the Office shall include— 

9 (1) supporting the mission of the Environ10 mental Protection Agency by providing leadership on 

11 environmental justice and external civil rights in the 

12 programs and activities of the Environmental Pro13 tection Agency, in collaboration with other Federal 

14 agencies and partners; 

15 (2) coordinating implementation of the environ16 mental justice and external civil rights programs and 

17 activities described in paragraph (1) across— 

18 (A) national programs and regions of the 

19 Environmental Protection Agency; and 

20 (B) partnerships the Environmental Pro21 tection Agency has with other agencies and 

22 partners in State, Tribal, and local governments 

23 and communities; 

24 (3) providing resources and other technical as25 sistance on civil rights and environmental justice to 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
146 

•HR 6747 IH

1 partners in State, Tribal, and local governments and 

2 communities; 

3 (4) engaging with communities with environ4 mental justice concerns; 

5 (5) providing support for community-led action 

6 relating to environmental justice; and 

7 (6) providing service and expertise in alter8 native dispute resolution, environmental conflict res9 olution, consensus-building, and collaborative prob10 lem solving through the Conflict Prevention and 

11 Resolution Center of the Environmental Protection 

12 Agency. 

13 SEC. 602. ESTABLISHMENT OF WHITE HOUSE ENVIRON14 MENTAL JUSTICE INTERAGENCY COUNCIL. 

15 (a) IN GENERAL.—The President shall maintain 

16 within the Executive Office of the President a White 

17 House Environmental Justice Interagency Council (re18 ferred to in this section as the ‘‘Council’’). 

19 (b) PURPOSES.—The purposes of the Council are— 

20 (1) to improve coordination and collaboration 

21 among agencies and to help advise and assist agen22 cies in identifying and addressing, as appropriate, 

23 the disproportionate human health and environ24 mental effects of Federal programs, policies, prac25 tices, and activities on communities of color, low-inVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
147 

•HR 6747 IH

1 come communities, and Tribal and Indigenous com2 munities; 

3 (2) to promote meaningful involvement and due 

4 process in the development, implementation, and en5 forcement of environmental laws; 

6 (3) to coordinate with, and provide direct guid7 ance and technical assistance to, environmental jus8 tice communities, with a focus on increasing— 

9 (A) community understanding of the 

10 science, regulations, and policy related to agen11 cy actions on environmental justice issues; and 

12 (B) community capacity to address envi13 ronmental justice issues; 

14 (4) to address environmental health, pollution, 

15 and public health burdens in environmental justice 

16 communities, and build healthy, sustainable, and re17 silient communities; 

18 (5) to develop and update an interagency Fed19 eral environmental justice strategy, as described in 

20 subsection (g)(1); 

21 (6) to annually publish a public performance 

22 scorecard, as described in subsection (g)(2); and 

23 (7) to support and facilitate interagency col24 laboration on Federal and State programs and ac25 tivities related to environmental justice, including 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
148 

•HR 6747 IH

1 the development of materials for environmental jus2 tice training to build the capacity of Federal employ3 ees to advance environmental justice and to increase 

4 the meaningful participation of individuals from 

5 communities with environmental justice concerns in 

6 Federal activities. 

7 (c) COMPOSITION.— 

8 (1) IN GENERAL.—The Council shall be com9 posed of individuals described in the text amended 

10 by section 7(a) of Executive Order 14096 (88 Fed. 

11 Reg. 25251; relating to Revitalizing Our Nation’s 

12 Commitment to Environmental Justice for All). 

13 (2) ADDITIONAL MEMBERS.—The Council may 

14 include additional individuals from independent 

15 agencies, including individuals from the Nuclear 

16 Regulatory Commission and the Federal Energy 

17 Regulatory Commission, as determined appropriate 

18 by the Chair of the Council on Environmental Qual19 ity (referred to in this section as the ‘‘Chair’’). 

20 (d) GOVERNANCE.—The Chair shall serve as a mem21 ber and Chairperson of the Council. 

22 (e) REPORTING TO PRESIDENT.—The Council shall 

23 report to the President through the Chair. 

24 (f) UNIFORM CONSIDERATION GUIDANCE.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
149 

•HR 6747 IH

1 (1) IN GENERAL.—To ensure that there is a 

2 common level of understanding of terminology used 

3 in dealing with environmental justice issues, not 

4 later than 1 year after the date of enactment of this 

5 Act, after coordinating with and conducting outreach 

6 to environmental justice communities, State govern7 ments, Tribal Governments, and local governments, 

8 the Council shall develop and publish in the Federal 

9 Register a guidance document to assist agencies in 

10 defining and applying terms relating to— 

11 (A) health disparities; 

12 (B) environmental exposure disparities; 

13 (C) demographic characteristics, including 

14 age, sex, race, and ethnicity; 

15 (D) social stressors, including poverty, 

16 housing quality, access to health care, edu17 cation, immigration status, linguistic isolation, 

18 historical trauma, and lack of community re19 sources; 

20 (E) cumulative effects or risks; 

21 (F) community vulnerability or suscepti22 bility to adverse human health and environ23 mental effects, including climate change; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
150 

•HR 6747 IH

1 (G) barriers to meaningful involvement in 

2 the development, implementation, and enforce3 ment of environmental laws; and 

4 (H) community capacity to address envi5 ronmental concerns, including the capacity to 

6 obtain equitable access to environmental amen7 ities. 

8 (2) PUBLIC COMMENT.—For a period of not 

9 less than 60 days, the Chair shall seek public com10 ment on the guidance document developed under 

11 paragraph (1). 

12 (g) DEVELOPMENT OF INTERAGENCY FEDERAL EN13 VIRONMENTAL JUSTICE STRATEGY.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this section, after notice 

16 and opportunity for public comment, the Council, in 

17 consultation with the White House Environmental 

18 Justice Advisory Council and local environmental 

19 justice leaders, shall develop a coordinated inter20 agency Federal environmental justice strategy to ad21 dress current and historical environmental injustice, 

22 which shall include clear performance metrics to en23 sure accountability. The Council shall update said 

24 strategy not less frequently than once every 3 years, 

25 after notice and opportunity for public comment. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
151 

•HR 6747 IH

1 (2) ANNUAL PERFORMANCE SCORECARD.—The 

2 Council shall annually publish a public performance 

3 scorecard on the implementation of the interagency 

4 Federal environmental justice strategy. 

5 (h) SUBMISSION OF REPORT TO PRESIDENT.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after updating the interagency Federal environ8 mental justice strategy under subsection (g)(1), the 

9 Chair shall submit to the President a report that 

10 contains a description of the implementation of the 

11 interagency Federal environmental justice strategy. 

12 (2) PUBLIC AVAILABILITY.—The head of each 

13 agency that is a member of the Council shall make 

14 each report described in paragraph (1) available to 

15 the public (including by posting a copy of the report 

16 on the website of each agency). 

17 (i) ADMINISTRATION.— 

18 (1) OFFICE OF ADMINISTRATION.—The Office 

19 of Administration within the Executive Office of the 

20 President shall provide funding and administrative 

21 support for the Council, to the extent permitted by 

22 law and within existing appropriations. 

23 (2) OTHER AGENCIES.—To the extent per24 mitted by law and subject to the availability of ap25 propriations, the Secretary of Labor, the Secretary 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
152 

•HR 6747 IH

1 of Transportation, and the Administrator of the En2 vironmental Protection Agency shall provide admin3 istrative support for the Council, as necessary. 

4 (j) MEETINGS AND STAFF.— 

5 (1) CHAIRPERSON.—The Chair shall— 

6 (A) convene regular meetings of the Coun7 cil; 

8 (B) determine the agenda of the Council in 

9 accordance with this section; and 

10 (C) direct the work of the Council. 

11 (2) EXECUTIVE DIRECTOR.—The Chair shall 

12 designate an Executive Director of the Council, who 

13 shall coordinate the work of, and head any staff as14 signed to, the Council. 

15 (k) OFFICERS.—To facilitate the work of the Council, 

16 the head of each agency that is a member of the Council 

17 shall designate an Environmental Justice Officer within 

18 the agency, with the authority— 

19 (1) to represent the agency on the Council; and 

20 (2) to perform such other duties relating to the 

21 implementation of this section within the agency as 

22 the head of the agency determines to be appropriate. 

23 (l) ESTABLISHMENT OF SUBGROUPS.—At the direc24 tion of the Chair, the Council may establish 1 or more 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
153 

•HR 6747 IH

1 subgroups consisting exclusively of Council members or 

2 their designees under this section, as appropriate. 

3 SEC. 603. PROHIBITION ON DISPARATE IMPACT DISCRIMI4 NATION. 

5 Section 601 of the Civil Rights Act of 1964 (42 

6 U.S.C. 2000d) is amended— 

7 (1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 

8 and 

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

10 ‘‘(b)(1)(A) Discrimination (including exclusion from 

11 participation and denial of benefits) based on disparate 

12 impact is established under this title if— 

13 ‘‘(i) an entity subject to this title (referred 

14 to in this title as a ‘covered entity’) has a pro15 gram, policy, practice, or activity that causes a 

16 disparate impact on the basis of race, color, or 

17 national origin and the covered entity fails to 

18 demonstrate that the challenged program, pol19 icy, practice, or activity is related to and nec20 essary to achieve the nondiscriminatory goal of 

21 the program, policy, practice, or activity alleged 

22 to have been operated in a discriminatory man23 ner; or 

24 ‘‘(ii) a less discriminatory alternative pro25 gram, policy, practice, or activity exists, and the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
154 

•HR 6747 IH

1 covered entity refuses to adopt such alternative 

2 program, policy, practice, or activity. 

3 ‘‘(B) With respect to demonstrating that a particular 

4 program, policy, practice, or activity does not cause a dis5 parate impact, the covered entity shall demonstrate that 

6 each particular challenged program, policy, practice, or ac7 tivity does not cause a disparate impact, except that if 

8 the covered entity demonstrates to the courts that the ele9 ments of the covered entity’s decision-making process are 

10 not capable of separation for analysis, the decision-making 

11 process may be analyzed as 1 program, policy, practice, 

12 or activity. 

13 ‘‘(2) A demonstration that a program, policy, prac14 tice, or activity is necessary to achieve the goals of a pro15 gram, policy, practice, or activity may not be used as a 

16 defense against a claim of intentional discrimination under 

17 this title. 

18 ‘‘(3) No person in the United States shall be sub19 jected to discrimination, including retaliation or intimida20 tion, because such person opposed any program, policy, 

21 practice, or activity prohibited by this title, or because 

22 such person made a charge, testified, assisted, or partici23 pated in any manner in an investigation, proceeding, or 

24 hearing under this title. 

25 ‘‘(4) In this subsection— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
155 

•HR 6747 IH

1 ‘‘(A) the term ‘demonstrates’ means to meet 

2 the burdens of going forward with the evidence and 

3 of persuasion; and 

4 ‘‘(B) the term ‘disparate impact’ means an ac5 tion or practice that, even if appearing neutral, actu6 ally has the effect of subjecting persons to discrimi7 nation on the basis of their race, color, or national 

8 origin.’’. 

9 SEC. 604. PROVISION FOR RIGHT OF ACTION. 

10 (a) IN GENERAL.—Section 602 of the Civil Rights 

11 Act of 1964 (42 U.S.C. 2000d–1) is amended— 

12 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal de13 partment and agency which is empowered’’; and 

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

15 ‘‘(b) Any person aggrieved by the failure to comply 

16 with this title, including any regulation promulgated pur17 suant to this title, may file suit in any district court of 

18 the United States having jurisdiction of the parties, with19 out respect to the amount in controversy and without re20 gard to the citizenship of the parties.’’. 

21 (b) EFFECTIVE DATE.— 

22 (1) IN GENERAL.—This section, including the 

23 amendments made by this section, takes effect on 

24 the date of enactment of this Act. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
156 

•HR 6747 IH

1 (2) APPLICATION.—This section, including the 

2 amendments made by this section, applies to all ac3 tions or proceedings pending on or after the date of 

4 enactment of this Act. 

5 SEC. 605. PROVISION FOR RIGHTS OF RECOVERY. 

6 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

7 2000d et seq.) is amended by inserting after section 602 

8 the following: 

9 ‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. 

10 ‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL

11 DISCRIMINATION.—In an action brought by an aggrieved 

12 person under this title against an entity subject to this 

13 title (referred to in this section as a ‘covered entity’) who 

14 has engaged in unlawful intentional discrimination (not a 

15 practice that is unlawful because of its disparate impact) 

16 prohibited under this title (including its implementing reg17 ulations), the aggrieved person may recover equitable and 

18 legal relief (including compensatory and punitive dam19 ages), attorney’s fees (including expert fees), and costs of 

20 the action, except that punitive damages are not available 

21 against a government, government agency, or political 

22 subdivision. 

23 ‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT

24 STANDARD OF PROOF.—In an action brought by an ag25 grieved person under this title against a covered entity 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
157 

•HR 6747 IH

1 who has engaged in unlawful discrimination based on dis2 parate impact prohibited under this title (including imple3 menting regulations), the aggrieved person may recover 

4 attorney’s fees (including expert fees), and costs of the 

5 action. 

6 ‘‘(c) DEFINITIONS.—In this section: 

7 ‘‘(1) AGGRIEVED PERSON.—The term ‘ag8 grieved person’ means a person aggrieved by dis9 crimination on the basis of race, color, or national 

10 origin. 

11 ‘‘(2) DISPARATE ACTION.—The term ‘disparate 

12 impact’ means an action or practice that, even if ap13 pearing neutral, actually has the effect of subjecting 

14 persons to discrimination on the basis of their race, 

15 color, or national origin.’’. 

16 SEC. 606. REQUIREMENT FOR COMMUNITY IMPACT RE17 PORTS. 

18 (a) PURPOSE.—The purpose of this section is to es19 tablish additional protections relating to Federal actions 

20 affecting environmental justice communities in recognition 

21 of the disproportionate burden of adverse environmental 

22 and public health impacts faced by such communities. 

23 (b) PREPARATION OF A COMMUNITY IMPACT RE24 PORT.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
158 

•HR 6747 IH

1 (1) IN GENERAL.—A lead agency proposing to 

2 take a Federal action shall prepare and make pub3 licly available a community impact report that as4 sesses the potential for the proposed Federal action 

5 to have adverse environmental and public health im6 pacts on environmental justice communities. 

7 (2) CONTENTS.— 

8 (A) IN GENERAL.—A community impact 

9 report described in paragraph (1) shall— 

10 (i) assess the degree to which the pro11 posed Federal action has the potential to 

12 cause multiple exposures or cumulative ex13 posure to human health or environmental 

14 hazards that influence, exacerbate, or con15 tribute to adverse health outcomes of any 

16 affected environmental justice commu17 nities; 

18 (ii) assess relevant public health data 

19 and industry data concerning how the pro20 posed Federal action may affect the poten21 tial for multiple exposures or cumulative 

22 exposure to human health or environ23 mental hazards in the geographic area of 

24 the affected environmental justice commu25 nity; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
159 

•HR 6747 IH

1 (iii) assess legacy pollution in the geo2 graphic area of any affected environmental 

3 justice community, including historical pat4 terns of exposure to human health or envi5 ronmental hazards; 

6 (iv) assess the impact of the proposed 

7 Federal action on the ability of any af8 fected environmental justice community to 

9 access public parks, outdoor spaces, and 

10 public recreation opportunities; 

11 (v) evaluate alternatives to and miti12 gation measures for the proposed Federal 

13 action that will— 

14 (I) eliminate or reduce any expo15 sure to human health and environ16 mental hazards assessed under clause 

17 (i) to a level that is reasonably ex18 pected to avoid human health impacts 

19 from such exposure in the geographic 

20 area of any affected environmental 

21 justice community; and 

22 (II) not negatively impact the 

23 ability of any affected environmental 

24 justice community to access public 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
160 

•HR 6747 IH

1 parks, outdoor spaces, and public 

2 recreation opportunities; 

3 (vi) analyze any alternative developed 

4 by members of an affected environmental 

5 justice community that meets the purpose 

6 and need to which the agency is respond7 ing in proposing the alternatives, including 

8 the proposed action; 

9 (vii) assess the impact of the proposed 

10 Federal action on access to reliable energy 

11 and on electricity prices for low-income 

12 communities, minority communities, Indian 

13 Tribes, and senior citizens; 

14 (viii) assess the impact of the pro15 posed Federal action on the potential for 

16 drought, domestic food availability, and do17 mestic food prices; and 

18 (ix) assess the impact of the proposed 

19 Federal action on the ability of the Federal 

20 Government to achieve the carbon pollution 

21 reduction and elimination goals established 

22 under Executive Order 14057 (86 Fed. 

23 Reg. 70935; relating to Catalyzing Clean 

24 Energy Industries and Jobs Through Fed25 eral Sustainability). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
161 

•HR 6747 IH

1 (B) SCOPE OF ASSESSMENTS, EVALUA2 TION, AND ANALYSIS.—In assessing, evaluating, 

3 and analyzing the matters described in clauses 

4 (i) through (vi) of subparagraph (A), the lead 

5 agency shall assess multiple and cumulative ef6 fects, including effects that are not within the 

7 control of the lead agency or any participating 

8 Federal agencies. 

9 (3) DELEGATION.—A lead agency may not dele10 gate responsibility for the preparation of a commu11 nity impact report described in paragraph (1) to any 

12 non-Federal entity. This paragraph does not affect 

13 the ability of a lead agency to enter into a contract 

14 with a third party to assist with the preparation of 

15 a community impact report described in paragraph 

16 (1). 

17 (4) AGENCY DETERMINATION.—Any determina18 tion by a lead agency related to any assessment, 

19 evaluation, or analysis included in a community im20 pact report described in paragraph (1) shall be sub21 ject to judicial review to the same extent as any 

22 other analysis performed under the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
162 

•HR 6747 IH

1 SEC. 607. ENGAGEMENT WITH ENVIRONMENTAL JUSTICE 

2 COMMUNITIES AND INDIAN TRIBES IN NEPA 

3 REVIEWS. 

4 (a) NATIONAL ENVIRONMENTAL POLICY ACT RE5 QUIREMENTS FOR ENVIRONMENTAL JUSTICE COMMU6 NITIES.— 

7 (1) IN GENERAL.—When carrying out the re8 quirements of the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.) by preparing 

10 an environmental document for a proposed Federal 

11 action that may have reasonably foreseeable adverse 

12 public health or environmental impacts on an envi13 ronmental justice community, a lead agency shall— 

14 (A) hold a public comment period carried 

15 out during the scoping for the Federal action 

16 for not less than 90 days; 

17 (B) provide early and meaningful opportu18 nities for any affected environmental justice 

19 community to be involved in the environmental 

20 review process of the proposed Federal action 

21 by— 

22 (i) holding multiple hearings in each 

23 affected environmental justice community 

24 regarding the proposed Federal action in 

25 each language spoken by more than 5 per26 cent of the population of each affected enVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
163 

•HR 6747 IH

1 vironmental justice community, at times 

2 and locations that are accessible to mem3 bers of such affected environmental justice 

4 communities; and 

5 (ii) providing notice to any represent6 ative entities or organizations present in 

7 any affected environmental justice commu8 nity of any step or action in the process re9 lated to the preparation of any environ10 mental document for the proposed Federal 

11 action that involves public participation, 

12 which may include providing notice to— 

13 (I) local religious organizations; 

14 (II) civic associations and organi15 zations; 

16 (III) business associations of peo17 ple of color; 

18 (IV) environmental organizations 

19 and environmental justice organiza20 tions, including community-based 

21 grassroots organizations led by people 

22 of color; 

23 (V) homeowners, tenants, and 

24 neighborhood watch groups; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
164 

•HR 6747 IH

1 (VI) local governments and Trib2 al Governments; 

3 (VII) rural cooperatives; 

4 (VIII) business and trade organi5 zations; 

6 (IX) community and social serv7 ice organizations; 

8 (X) universities, colleges, and vo9 cational schools; 

10 (XI) labor and other worker or11 ganizations; 

12 (XII) civil rights organizations; 

13 (XIII) senior citizens’ groups; 

14 and 

15 (XIV) public health agencies and 

16 clinics; 

17 (C) provide translations of any environ18 mental documents made publicly available pur19 suant to that Act in any language spoken by 

20 more than 5 percent of the population of an af21 fected environmental justice community; and 

22 (D) consider all potential direct, indirect, 

23 and cumulative impacts caused by the action, 

24 alternatives to such action, and mitigation 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
165 

•HR 6747 IH

1 measures on the environmental justice commu2 nity required by that Act. 

3 (2) COMMUNICATION METHODS AND REQUIRE4 MENTS.—Any notice provided under paragraph 

5 (1)(B)(ii) shall be provided— 

6 (A) through communication methods that 

7 are accessible to the environmental justice com8 munity, which may include electronic media, 

9 virtual meetings, newspapers, radio, direct mail10 ings, canvassing, and other outreach methods 

11 particularly targeted at communities of color, 

12 low-income communities, and Tribal and Indig13 enous communities; and 

14 (B) at least 30 days before the applicable 

15 public comment period or hearing is held. 

16 (b) NATIONAL ENVIRONMENTAL POLICY ACT RE17 QUIREMENTS FOR INDIAN TRIBES.—When carrying out 

18 the requirements of the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) by preparing an 

20 environmental document for a proposed Federal action 

21 that may affect an Indian Tribe, a lead agency shall— 

22 (1) seek Tribal representation in the process in 

23 a manner that is consistent with the government-to24 government relationship between the United States 

25 and Tribal Governments, the Federal Government’s 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
166 

•HR 6747 IH

1 trust responsibility to Indian Tribes, and any treaty 

2 rights; and 

3 (2) invite affected Indian Tribes to be cooper4 ating agencies under section 107(a)(3) of the Na5 tional Environmental Policy Act of 1969 (42 U.S.C. 

6 4336a(a)(3)), including with regard to any Federal 

7 action that could impact off reservation lands and 

8 sacred sites, not later than the date on which the 

9 scoping process for a proposed Federal action re10 quiring the preparation of an environmental docu11 ment commences. 

12 SEC. 608. REQUIREMENT OF NOTICES OF INTENT TO PRE13 PARE ENVIRONMENTAL DOCUMENTS. 

14 (a) NOTICES OF INTENT TO PREPARE ENVIRON15 MENTAL DOCUMENTS.—When the lead agency publishes 

16 a notice of intent to prepare an environmental impact 

17 statement or an environmental assessment for a Federal 

18 action, the lead agency shall include in such notice of in19 tent the following: 

20 (1) A description of the proposed Federal ac21 tion. 

22 (2) An outline of the anticipated schedule for 

23 completing the process under the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

25 with a description of key milestones. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
167 

•HR 6747 IH

1 (3) To the extent possible, an initial list of 

2 other existing or proposed sources of multiple or cu3 mulative exposure to environmental hazards that 

4 contribute to higher rates of serious illnesses within 

5 any affected environmental justice community. 

6 (4) An agency point of contact, or the points of 

7 contact if there is more than one lead agency. 

8 (5) Identification of locations where comments 

9 will be received or hearings held, if known as of the 

10 date on which the notice of intent is published. 

11 (6) Any telephone number or locations where 

12 further information with respect to the preparation 

13 of the environmental document can be obtained. 

14 (b) EFFECTIVE DATE.—Subsection (a) shall take ef15 fect 1 year after the date of enactment of this Act. 

16 SEC. 609. AVOIDANCE OF CUMULATIVE IMPACTS THROUGH 

17 NEPA. 

18 (a) REVISION.—Section 101(a) of the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 4331(a)) is 

20 amended— 

21 (1) by striking ‘‘man’s’’ and inserting 

22 ‘‘human’’; and 

23 (2) by striking ‘‘man’’ each place it appears and 

24 inserting ‘‘humankind’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
168 

•HR 6747 IH

1 (b) COOPERATION OF AGENCIES; REPORTS; AVAIL2 ABILITY OF INFORMATION; RECOMMENDATIONS; INTER3 NATIONAL AND NATIONAL COORDINATION OF EF4 FORTS.—Section 102 of the National Environmental Pol5 icy Act of 1969 (42 U.S.C. 4332) is amended— 

6 (1) by striking ‘‘The Congress authorizes and 

7 directs that, to the fullest extent possible:’’ and in8 serting ‘‘The Congress authorizes and directs that, 

9 notwithstanding any other provision of law and to 

10 the fullest extent possible:’’; and 

11 (2) in paragraph (2)— 

12 (A) in subparagraph (A), by striking 

13 ‘‘man’s’’ and inserting ‘‘the human’’; 

14 (B) in subparagraph (C)— 

15 (i) in clause (iii), by inserting ‘‘and 

16 that, where applicable, do not cause or 

17 contribute to adverse cumulative effects, 

18 including effects caused by exposure to en19 vironmental pollution, on an overburdened 

20 community that are higher than those 

21 borne by other communities within the 

22 State, county, or other geographic unit of 

23 analysis as determined by the agency pre24 paring or having taken primary responsi25 bility for preparing the environmental docVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
169 

•HR 6747 IH

1 ument pursuant to this Act, except that 

2 where the agency determines that an alter3 native will serve a compelling public inter4 est in the affected overburdened commu5 nity with conditions to protect public 

6 health’’ after ‘‘purpose and need of the 

7 proposal’’; and 

8 (ii) in clause (iv)— 

9 (I) by striking ‘‘man’s’’ and in10 serting ‘‘humankind’s’’; and 

11 (II) by striking the ‘‘and’’ at the 

12 end; 

13 (C) in subparagraph (F), by inserting 

14 ‘‘that are consistent with subparagraph 

15 (C)(iii)’’ after ‘‘feasible alternatives’’; and 

16 (D) in subparagraph (I), by striking ‘‘man17 kind’s’’ and inserting ‘‘humankind’s’’. 

18 (c) DEFINITIONS.—Section 111 of the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 4336e) is 

20 amended— 

21 (1) by redesignating paragraphs (10), (11), 

22 (12), and (13) as paragraphs (13), (15), (16), and 

23 (17), respectively; 

24 (2) by inserting after paragraph (9) the fol25 lowing: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
170 

•HR 6747 IH

1 ‘‘(10) EFFECT; IMPACT.—The terms ‘effect’ 

2 and ‘impact’ mean changes to the human environ3 ment from the proposed action or alternatives that 

4 are reasonably foreseeable and include the following: 

5 ‘‘(A) Direct effects, which are caused by 

6 the action and occur at the same time and 

7 place. 

8 ‘‘(B) Indirect effects, which are caused by 

9 the action and are later in time or farther re10 moved in distance, but are still reasonably fore11 seeable. Indirect effects may include growth in12 ducing effects and other effects related to in13 duced changes in the pattern of land use, popu14 lation density or growth rate, and related ef15 fects on air and water and other natural sys16 tems, including ecosystems. 

17 ‘‘(C) Cumulative effects, which are effects 

18 on the environment that result from the incre19 mental effects of the action when added to the 

20 effects of other past, present, and reasonably 

21 foreseeable actions regardless of what agency 

22 (Federal or non-Federal) or person undertakes 

23 such other actions. Cumulative effects can re24 sult from individually minor but collectively sigVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
171 

•HR 6747 IH

1 nificant actions taking place over a period of 

2 time. 

3 ‘‘(D) Effects that are ecological (such as 

4 the effects on natural resources and on the 

5 components, structures, and functioning of af6 fected ecosystems), aesthetic, historic, cultural, 

7 economic, social, or health, whether direct, indi8 rect, or cumulative. Effects may also include 

9 those resulting from actions which may have 

10 both beneficial and detrimental effects, even if 

11 on balance the agency believes that the effects 

12 will be beneficial. 

13 ‘‘(11) LIMITED ENGLISH PROFICIENCY.—The 

14 term ‘limited English proficiency’ means that a 

15 household does not have an adult that speaks 

16 English very well according to the United States 

17 Census Bureau. 

18 ‘‘(12) LOW-INCOME HOUSEHOLD.—The term 

19 ‘low-income household’ means a household that is at 

20 or below twice the poverty threshold as that thresh21 old is determined annually by the United States 

22 Census Bureau.’’; 

23 (3) by inserting after paragraph (13), as so re24 designated, the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
172 

•HR 6747 IH

1 ‘‘(14) OVERBURDENED COMMUNITY.—The term 

2 ‘overburdened community’ means any census block 

3 group, as determined in accordance with the most 

4 recent United States Census, in which— 

5 ‘‘(A) at least 35 percent of the households 

6 qualify as low-income households; 

7 ‘‘(B) at least 40 percent of the residents 

8 identify as minority or as members of a Tribal 

9 or Indigenous community; or 

10 ‘‘(C) at least 40 percent of the households 

11 have limited English proficiency.’’; and 

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

13 ‘‘(18) TRIBAL OR INDIGENOUS COMMUNITY.— 

14 The term ‘Tribal or Indigenous community’ means a 

15 community of people who are members of— 

16 ‘‘(A) a federally recognized Indian Tribe; 

17 ‘‘(B) a State-recognized Indian Tribe; 

18 ‘‘(C) an Alaska Native or Native Hawaiian 

19 community or organization; or 

20 ‘‘(D) any other community of Indigenous 

21 people located in a State or territory of the 

22 United States.’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
173 

•HR 6747 IH

1 SEC. 610. INCLUSION OF GREENHOUSE GAS PROJECTIONS 

2 IN NEPA REVIEWS. 

3 (a) REQUIREMENT.—In preparing an environmental 

4 document for a proposed major Federal action, the lead 

5 agency shall consider the potential effects of— 

6 (1) the proposed major Federal action on cli7 mate change; and 

8 (2) the effects of climate change on the pro9 posed major Federal action. 

10 (b) QUANTIFYING EFFECTS.—In considering the ef11 fects described under subsection (a), the lead agency 

12 shall— 

13 (1) quantify the reasonably foreseeable direct 

14 and indirect greenhouse gas emissions of the pro15 posed major Federal action and reasonable alter16 natives; 

17 (2) utilize the best available estimates of the so18 cial cost of carbon, as determined by the Chair of 

19 the Council on Environmental Quality; and 

20 (3) identify alternatives and mitigation meas21 ures to avoid or reduce greenhouse gas emissions of 

22 the proposed major Federal action. 

23 (c) SOCIAL COST OF CARBON DEFINED.—In this sec24 tion, the term ‘‘social cost of carbon’’ means a quantifica25 tion, in dollars, of the long-term damage caused by a ton 

26 of carbon dioxide emissions in a given year. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
174 

•HR 6747 IH

1 SEC. 611. ESTABLISHMENT OF COMMUNITY BENEFITS 

2 AGREEMENTS. 

3 (a) CONSIDERATION IN NEPA.—When carrying out 

4 the requirements of the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.) by preparing an 

6 environmental document for a proposed major Federal ac7 tion that may have reasonably foreseeable adverse public 

8 health or environmental impacts, the lead agency shall 

9 take into consideration whether a project sponsor has en10 tered into a community benefits agreement with a State, 

11 a unit of local government, an Indian Tribe, a labor orga12 nization, or a community benefits organization that may 

13 include the disbursement of funds for social, economic, or 

14 environmental benefits that will— 

15 (1) offset adverse impacts resulting from the 

16 construction or operation of the proposed major 

17 Federal action; or 

18 (2) address legacy or historical harm or adverse 

19 cumulative social, economic, or environmental im20 pacts in the location in which the proposed major 

21 Federal action is to be carried out. 

22 (b) PROJECTS REQUIRING ENVIRONMENTAL IMPACT

23 STATEMENTS.—The lead agency with respect to a pro24 posed project that requires the preparation of an environ25 mental impact statement may require the project sponsor 

26 to enter into a community benefits agreement with a 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
175 

•HR 6747 IH

1 State, a unit of local government, an Indian Tribe, a labor 

2 organization, or a community benefits organization to off3 set, in full or in part, any significant adverse social, eco4 nomic, or environmental impacts that would result from 

5 the construction or operation of the project. 

6 (c) CONSIDERATIONS.—In determining whether to 

7 require a project sponsor to enter into a community bene8 fits agreement under subsection (c), the lead agency shall 

9 consider— 

10 (1) the available resources of the project spon11 sor; 

12 (2) the scale of the project and degree of im13 pacts, including cumulative impacts to communities 

14 with environmental justice concerns; and 

15 (3) the benefits from the project to be received 

16 by the community or communities, relative to the 

17 adverse impacts resulting from the project. 

18 (d) NEGOTIATION.— 

19 (1) IN SPONSOR.—A community benefits agree20 ment shall be negotiated between the project sponsor 

21 and the State, unit of local government, Indian 

22 Tribe, labor organization, or community benefits or23 ganization, as applicable. 

24 (2) TECHNICAL ASSISTANCE.—On request of a 

25 State, unit of local government, Indian Tribe, or a 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
176 

•HR 6747 IH

1 community benefits organization the lead agency 

2 may provide technical assistance to the State, unit 

3 of local government, Indian Tribe, labor organiza4 tion, or community benefits organization in devel5 oping and negotiating a community benefits agree6 ment. 

7 (3) THIRD PARTY NEUTRAL.—For a community 

8 benefits agreement required by a lead agency under 

9 subsection (b), the lead agency— 

10 (A) may request a representative of the 

11 Conflict Prevention and Resolution Center of 

12 the Environmental Protection Agency or the 

13 John S. McCain III National Center for Envi14 ronmental Conflict Resolution to act as a neu15 tral third party in the negotiation and prepara16 tion of the community benefits agreement; and 

17 (B) shall reimburse the Environmental 

18 Protection Agency (unless the lead agency is 

19 the Environmental Protection Agency) or the 

20 Udall Foundation for the reasonable costs of 

21 that service. 

22 (4) MECHANISM FOR HOLDING FUNDS.—Nego23 tiation relating to a community benefits agreement 

24 shall address the mechanism through which funds 

25 associated with the community benefits agreement 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
177 

•HR 6747 IH

1 will be held and dispersed, such as through a trust 

2 fund or similar instrument. 

3 (e) USE OF FUNDS.—Funds received by a State, unit 

4 of local government, Indian Tribe, labor organization, or 

5 community benefits organization under a community bene6 fits agreement shall be used for any activity or the con7 struction or modification of infrastructure that— 

8 (1) is beneficial to communities affected by the 

9 applicable project; 

10 (2) is identified as a priority by any State, unit 

11 of local government, or Indian Tribe that is a party 

12 to the community benefits agreement; and 

13 (3) is inclusive of labor organizations capable of 

14 completing construction or modification. 

15 (f) DEFINITIONS.—In this section: 

16 (1) COMMUNITY BENEFITS AGREEMENT.—The 

17 term ‘‘community benefits agreement’’— 

18 (A) means an agreement to carry out ac19 tivities to address historical or legacy impacts 

20 that continue to contribute to cumulative im21 pacts that are identified under a community im22 pact report prepared under section 606; and 

23 (B) includes— 

24 (i) commitments by a project sponsor 

25 to hire members of the local workforce durVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
178 

•HR 6747 IH

1 ing construction, operation, or mainte2 nance of the applicable project; and 

3 (ii) the disbursement of funds for so4 cial, economic, or environmental benefits 

5 that will— 

6 (I) offset adverse impacts result7 ing from the construction or operation 

8 of the applicable project; or 

9 (II) address legacy or historical 

10 harm or adverse cumulative impacts 

11 in the location in which the applicable 

12 project is to be carried out. 

13 (2) COMMUNITY BENEFITS ORGANIZATION.—In 

14 this section, the term ‘‘community benefits organiza15 tion’’ means an organization that— 

16 (A) is described in section 501(c)(3) of the 

17 Internal Revenue Code of 1986 and is exempt 

18 from taxation under section 501(a) of such 

19 Code; and 

20 (B) is formed to protect the human health 

21 and environment of communities in the area in 

22 which a proposed major Federal action is to be 

23 carried out. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
179 

•HR 6747 IH

1 SEC. 612. REQUIREMENT OF TIMELY PUBLIC RELEASE OF 

2 NEPA DOCUMENTATION. 

3 (a) IN GENERAL.—To achieve the goals described in 

4 section 1507.4 of title 40, Code of Federal Regulations 

5 (or a successor regulation), to allow agencies and the pub6 lic to efficiently and effectively access information relating 

7 to environmental reviews required under the National En8 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

9 the lead agency for a proposed major Federal action shall 

10 make the documents identified under subsection (b) with 

11 respect to such proposed major Federal action available 

12 to the public in a searchable, digital format when such 

13 documents are completed by the lead agency, or in the 

14 case of final documents, finalized by the agency. The lead 

15 agency may make such documents available to the public 

16 in a searchable, digital format by— 

17 (1) publishing and maintaining such documents 

18 on the public website or websites of the applicable 

19 agency or agencies; and 

20 (2) uploading such documents to the E–NEPA 

21 online permitting portal established under subsection 

22 (b) of section 110 of the National Environmental 

23 Policy Act of 1969 (as added by section 615(b) of 

24 this Act). 

25 (b) DOCUMENTS.—The documents identified under 

26 this subsection are the following: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
180 

•HR 6747 IH

1 (1) Any notice of intent and other scoping no2 tices. 

3 (2) Any draft and final environmental assess4 ments and findings of no significant impacts. 

5 (3) Any draft, final, and supplemental environ6 mental impact statements. 

7 (4) Any records of decision. 

8 (5) Any documentation associated with a deter9 mination to proceed with the proposed major Fed10 eral action under a categorical exclusion. 

11 (6) Any additional related documentation. 

12 (c) TIMING.—The lead agency shall make the docu13 ments identified under subsection (b) available to the pub14 lic in a searchable, digital format under subsection (a) by 

15 not later than the earlier of— 

16 (1) 3 days after the date on which the lead 

17 agency completes the document; and 

18 (2) 3 days after the date on the document is 

19 published in the Federal Register. 

20 (d) COOPERATING AGENCIES.—A cooperating agency 

21 shall publish a link to the location on the website of the 

22 lead agency to the documents identified under subsection 

23 (b) on which the agency was a cooperating agency. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
181 

•HR 6747 IH

1 SEC. 613. ESTABLISHMENT OF GRANTS FOR CAPACITY 

2 BUILDING AND COMMUNITY ENGAGEMENT. 

3 (a) IN GENERAL.—The Administrator of the Envi4 ronmental Protection Agency shall make grants to States, 

5 units of local government, Indian Tribes, and nonprofit 

6 associations which may be used for purposes of— 

7 (1) increasing the capacity of such organiza8 tions to conduct activities related to proposed major 

9 Federal actions, and State, local, and Tribal envi10 ronmental reviews, permits, and consultations, in11 cluding by— 

12 (A) compiling data and conducting anal13 yses, planning, and environmental review; 

14 (B) determining potential economic, social, 

15 public health, and environmental impacts; and 

16 (C) identifying opportunities to mitigate 

17 such impacts; 

18 (2) enhancing community engagement opportu19 nities related to environmental reviews; 

20 (3) identifying zones for renewable energy de21 velopment; 

22 (4) facilitating the siting of renewable energy23 related facilities and infrastructure; 

24 (5) providing technical assistance to units of 

25 local government to establish renewable energy zon26 ing ordinances; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
182 

•HR 6747 IH

1 (6) training and hiring personnel, and other ac2 tivities to increase the capacity of States, units of 

3 local government, Indian Tribes, and nonprofit asso4 ciations, as applicable, to carry out activities de5 scribed in paragraphs (1) through (5). 

6 (b) FUNDING.— 

7 (1) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to the Ad9 ministrator of the Environmental Protection Agency 

10 to make grants under subsection (a) $500,000,000 

11 for each of fiscal years 2024 through 2029. 

12 (2) ENVIRONMENTAL REVIEW FUND.—In addi13 tion to amounts made available under paragraph 

14 (1), the Administrator may use amounts available in 

15 the Environmental Review Fund for the Environ16 mental Protection Agency established under section 

17 614(c) to make grants to under subsection (a). 

18 SEC. 614. ESTABLISHMENT OF FEES FOR ENVIRONMENTAL 

19 REVIEWS AND AUTHORIZATIONS FOR 

20 PROJECTS. 

21 (a) ESTABLISHMENT OF FEES.— 

22 (1) IN GENERAL.—The head of each Federal 

23 agency required or authorized to complete an envi24 ronmental document or an authorization for a major 

25 Federal action shall issue regulations to collect fees 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
183 

•HR 6747 IH

1 for work to complete any such environmental docu2 ment or authorization. 

3 (2) SPECIFICATIONS.—A fee collected under 

4 paragraph (1) shall be, as determined by the head 

5 of the applicable Federal agency— 

6 (A) fair; 

7 (B) sufficient to cover the costs to the 

8 Federal agency of completing the environmental 

9 document or authorization; and 

10 (C) consistent with the guidance estab11 lished by the Council on Environmental Quality 

12 and the Office of Management and Budget 

13 under subsection (b). 

14 (3) ADDITIONAL CONSIDERATIONS.—In col15 lecting a fee under paragraph (1), the head of a 

16 Federal agency may also consider— 

17 (A) the value of the service or thing to the 

18 individual or entity that receives a completed 

19 environmental review or authorization; 

20 (B) the public interest served by the major 

21 Federal action; 

22 (C) the complexity of the major Federal 

23 action and number of agencies involved as co24 operating agencies; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
184 

•HR 6747 IH

1 (D) potential impacts of the major Federal 

2 action on small businesses; and 

3 (E) other relevant factors, as determined 

4 by the head of the Federal agency. 

5 (4) DEPOSIT OF FEES.—Fees collected under 

6 this subsection shall be deposited into the applicable 

7 Environmental Review Fund established under sub8 section (c)(1). 

9 (b) GUIDANCE.—Not later than 120 days after the 

10 date of enactment of this Act, the Council on Environ11 mental Quality and the Office of Management and Budget 

12 shall issue joint guidance for Federal agencies to facilitate 

13 the collection of fees under subsection (a) and the report14 ing of data under subsection (c)(5). 

15 (c) ENVIRONMENTAL REVIEW FUNDS.— 

16 (1) ESTABLISHMENT.—There is established at 

17 each Federal agency with authority for completing 

18 environmental reviews or authorizations required by 

19 law an Environmental Review Fund (referred to in 

20 this subsection as a ‘‘Fund’’), consisting of fees es21 tablished under subsection (a) that are collected by 

22 the Federal agency. 

23 (2) AVAILABILITY.—Amounts in a Fund and 

24 amounts transferred to an agency under paragraph 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
185 

•HR 6747 IH

1 (3) shall be available to the applicable Federal agen2 cy, without further appropriation, for— 

3 (A) environmental review staff salaries and 

4 training and third-party contracts to support 

5 the completion of environmental documents and 

6 authorizations for major Federal actions; 

7 (B) environmental data collection; 

8 (C) development of documents and anal9 yses that will facilitate timely environmental re10 views, including programmatic analyses and 

11 memoranda of understanding; 

12 (D) monitoring compliance with terms and 

13 conditions included in authorizations for major 

14 Federal actions; and 

15 (E) other activities and services that will 

16 facilitate timely environmental reviews, as de17 termined by the head of the Federal agency. 

18 (3) TRANSFER AUTHORITY.— 

19 (A) IN GENERAL.—A Federal agency for 

20 which a Fund is established by paragraph (1) 

21 may transfer amounts in such a Fund to an22 other Federal agency— 

23 (i) for work performed as a cooper24 ating agency to complete an environmental 

25 document for a major Federal action that 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
186 

•HR 6747 IH

1 is subject to a fee established by the Fed2 eral agency under subsection (a); 

3 (ii) to pay the costs of conducting and 

4 completing responsibilities required under 

5 other Federal law for the major Federal 

6 action on which the Federal agency is serv7 ing as the lead agency; or 

8 (iii) to fund liaison positions at an9 other Federal agency to facilitate inter10 agency coordination and timely completion 

11 of environmental documents and authoriza12 tions for major Federal action. 

13 (B) ACCEPTANCE OF FUNDS.—A Federal 

14 agency with a Fund shall have the authority to 

15 accept funding transferred by another agency 

16 under subparagraph (A). 

17 (4) PROGRAMMATIC ENVIRONMENTAL REVIEW

18 FUND.— 

19 (A) ESTABLISHMENT.—A Federal agency 

20 for which a Fund is established by paragraph 

21 (1) may establish, by issuing regulations, within 

22 the Fund a separate programmatic environ23 mental review fund. 

24 (B) CONTRIBUTION BY PROJECT SPON25 SORS.—A Federal agency may allow a project 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
187 

•HR 6747 IH

1 sponsor or group of project sponsors to con2 tribute to a programmatic environmental review 

3 fund established under subparagraph (A) to fa4 cilitate the development of a programmatic en5 vironmental review. 

6 (C) FEES FOR PROGRAMMATIC ENVIRON7 MENTAL REVIEWS.—A Federal agency that es8 tablished a programmatic environmental review 

9 fund under subparagraph (A) may establish 

10 fees, consistent with specifications and consider11 ations under subsection (a), when the environ12 mental document for a project carried out by a 

13 project sponsor will tier off the programmatic 

14 environmental review, consistent with section 

15 1501.11 of title 40, Code of Federal Regula16 tions (or a successor regulation). 

17 (5) REPORT.—The head of each Federal agency 

18 for which a Fund is established by paragraph (1) 

19 shall prepare, and make publicly available on the 

20 website of the Federal agency, an annual report on 

21 the collection and use of fees under subsection (a) 

22 and this subsection. 

23 (6) CLARIFICATIONS.— 

24 (A) AMOUNTS IN FUND.—Amounts in a 

25 Fund shall supplement existing amounts auVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
188 

•HR 6747 IH

1 thorized to carry out activities described in 

2 paragraph (2). 

3 (B) POSITIONS.—A Federal agency using 

4 amounts in a Fund shall not be subject to any 

5 limitation relating to the number of full-time 

6 equivalent employees of the Federal agency oth7 erwise imposed by law. 

8 (d) EXEMPTION.—A Federal agency that establishes 

9 a fee under subsection (a) may exempt an entity from such 

10 a fee if, as determined by the Federal agency, the fee 

11 would impose an undue financial burden or is otherwise 

12 determined to be inappropriate. 

13 SEC. 615. ESTABLISHMENT OF INTERAGENCY ENVIRON14 MENTAL DATA SYSTEM. 

15 (a) ENVIRONMENTAL DATA SYSTEMS.— 

16 (1) IN GENERAL.—Not later than 2 years after 

17 the date of enactment of the Clean Electricity and 

18 Transmission Acceleration Act of 2023, the Council 

19 on Environmental Quality (referred to in this section 

20 as the ‘‘Council’’), in coordination with, and support 

21 from, the Administrator of the Environmental Pro22 tection Agency (referred to in this section as the 

23 ‘‘Administrator’’) and the Director of the Office of 

24 Management and Budget (referred to in this section 

25 as the ‘‘Director’’) and in consultation with the FedVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
189 

•HR 6747 IH

1 eral Geographic Data Committee and heads of Fed2 eral agencies with relevant geographic information 

3 system data, shall develop linked interagency envi4 ronmental data collection systems that include 

5 georeferenced qualitative and quantitative data for 

6 use by all Federal agencies in preparing any envi7 ronmental document and tracking environmental 

8 outcomes of major Federal actions, including— 

9 (A) environmental documents; 

10 (B) data on mitigation commitments re11 quired in environmental documents; and 

12 (C) monitoring and compliance data and 

13 information required under Federal environ14 mental laws. 

15 (2) REQUIREMENTS.—In developing linked 

16 interagency environmental data collection systems 

17 under paragraph (1), the Council, in coordination 

18 with the Administrator and the Director, shall— 

19 (A) facilitate— 

20 (i) the reduction of administrative 

21 costs borne by project developers, including 

22 in the establishment of the permitting por23 tal under section 110(b) of the National 

24 Environmental Policy Act of 1969; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
190 

•HR 6747 IH

1 (ii) the reduction of the duplication of 

2 efforts by Federal and State agencies; 

3 (iii) the standardization of the collec4 tion of information on environmental im5 pacts and outcomes; and 

6 (iv) the tracking of long-term environ7 mental outcomes, including the efficacy of 

8 mitigation commitments; 

9 (B) make the linked interagency environ10 mental data collection systems developed under 

11 paragraph (1) publicly available, to the extent 

12 consistent with section 552 of title 5, United 

13 States Code, and any exemption from disclosure 

14 of sensitive site-specific information under ap15 plicable law; 

16 (C) include tools that— 

17 (i) enhance the abilities of Federal 

18 agencies to conduct the public outreach 

19 and engagement required under the Na20 tional Environmental Policy Act of 1969 

21 (42 U.S.C. 4321 et seq.); 

22 (ii) enable Federal agencies to publish 

23 information regarding public engagement 

24 opportunities under the National EnvironVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
191 

•HR 6747 IH

1 mental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.); and 

3 (iii) facilitate opportunities for the 

4 public to provide Federal agencies with rel5 evant environmental or scientific informa6 tion and data, including locally-specific en7 vironmental data, that could complement 

8 monitoring efforts and enhance evidence9 based decision making; 

10 (D) facilitate coordination between Federal 

11 and State agencies, including by providing for 

12 up-to-date georeferenced information sharing 

13 about current Federal agency actions; 

14 (E) enable States to integrate relevant 

15 State-level environmental data; 

16 (F) standardize and enhance the use of 

17 nonconfidential geographic information and 

18 geospatial data in the preparation of environ19 mental documents and in the authorization and 

20 permitting of major Federal actions; 

21 (G) use an interactive, digital, and cloud22 based platform; 

23 (H) ensure that data is searchable, acces24 sible, interoperable, reusable, and includes— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
192 

•HR 6747 IH

1 (i) digital geographic information sys2 tem data or other location data for the ac3 tivities for which an environmental impact 

4 statement or an environmental assessment 

5 was prepared; 

6 (ii) each environmental impact state7 ment and environmental assessment, in8 cluding appendices, in a machine-readable 

9 format; and 

10 (iii) to the extent practicable, geo11 graphic information system data or other 

12 location data for documents, permits, mon13 itoring reports, or reports prepared under 

14 State environmental review laws; 

15 (I) allow users to find specific documents 

16 and specific types of information, such as— 

17 (i) analyses of types of environmental 

18 impact; 

19 (ii) analyses of types of major Federal 

20 actions; 

21 (iii) geographic location of major Fed22 eral actions; 

23 (iv) ecological, cultural, and historical 

24 features and resources; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
193 

•HR 6747 IH

1 (v) other categories, as determined by 

2 the Council, the Administrator, and the 

3 Director; and 

4 (J) enable sponsors of major Federal ac5 tions and the public— 

6 (i) to identify project locations that 

7 would avoid or minimize impacts; and 

8 (ii) to conduct preliminary scoping of 

9 impacts. 

10 (3) EXISTING DATA.—In developing linked 

11 interagency environmental data collection systems 

12 under paragraph (1), the Council in coordination 

13 with the Administrator and the Director, shall incor14 porate relevant information from existing geographic 

15 information systems and other relevant systems and 

16 databases. 

17 (4) AGENCY RESPONSIBILITIES.—Each Federal 

18 agency that is required to prepare an environmental 

19 document or otherwise maintains relevant environ20 mental data shall— 

21 (A) participate in the development of 

22 linked interagency environmental data collection 

23 systems under paragraph (1); 

24 (B) make relevant environmental data 

25 available to be integrated into those linked 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
194 

•HR 6747 IH

1 interagency environmental data collection sys2 tems; and 

3 (C) make environmental documents avail4 able to be integrated into those linked inter5 agency environmental data collection systems. 

6 (5) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to the Coun8 cil on Environmental Quality to develop linked inter9 agency environmental data collection systems under 

10 subsection (a)(1) $20,000,000 for each of fiscal 

11 years 2023 through 2028. 

12 (b) E–NEPA IMPLEMENTATION.—Section 110 of the 

13 National Environmental Policy Act of 1969 (42 U.S.C. 

14 4336d) is amended— 

15 (1) by redesignating subsection (b) as sub16 section (c); 

17 (2) by adding after subsection (b) the following: 

18 ‘‘(b) PERMITTING PORTAL.—Not later than 1 year 

19 after the date of enactment of the Clean Electricity and 

20 Transmission Acceleration Act of 2023, the Council on 

21 Environmental Quality shall establish an online permitting 

22 portal— 

23 ‘‘(1) with the parameters described in para24 graphs (1) through (3) of subsection (a) for major 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
195 

•HR 6747 IH

1 Federal actions that require review under section 

2 102(2)(C); and 

3 ‘‘(2) through which the public can access the 

4 documents identified under section 612(b) of the 

5 Clean Electricity and Transmission Acceleration Act 

6 of 2023.’’; and 

7 (3) in subsection (c), as so redesignated— 

8 (A) by striking ‘‘There is authorized’’ and 

9 inserting the following: 

10 ‘‘(1) STUDY.—There is authorized’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(2) PERMITTING PORTAL.—There is author13 ized to be appropriated $1,000,000 for the Council 

14 on Environmental Quality to carry out subsection 

15 (b).’’. 

16 SEC. 616. TRANSFERENCE OF UNOBLIGATED BALANCES 

17 FOR USE UNDER THE ENDANGERED SPECIES 

18 ACT. 

19 (a) IN GENERAL.—Unobligated balances of amounts 

20 made available by division J of the Infrastructure Invest21 ment and Jobs Act (Public Law 117–58) to any agency 

22 funded by the Infrastructure Investment and Jobs Act 

23 may be transferred to and merged with amounts otherwise 

24 made available to the United States Fish and Wildlife 

25 Service and the National Marine Fisheries Service for the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
196 

•HR 6747 IH

1 costs of carrying out consultation and conference respon2 sibilities under section 7 of the Endangered Species Act 

3 of 1973 (16 U.S.C. 1536) in connection with activities and 

4 projects funded by the Infrastructure Investment and 

5 Jobs Act (Public Law 117–58). 

6 (b) SUPPLEMENT NOT SUPPLANT.—Amounts trans7 ferred pursuant to subsection (a) shall supplement, not 

8 supplant, amounts and transfer authorities otherwise 

9 available to the United States Fish and Wildlife Service 

10 and the National Marine Fisheries Service for the costs 

11 of carrying out the responsibilities described in subsection 

12 (a). 

13 (c) EMERGENCY REQUIREMENT.—Any amount 

14 transferred pursuant to this section that, at the time of 

15 such transfer, is designated by the Congress as an emer16 gency requirement pursuant to section 4112(a) of H. Con. 

17 Res. 71 (115th Congress), the concurrent resolution on 

18 the budget for fiscal year 2018, or section 251(b) of the 

19 Balanced Budget and Emergency Deficit Control Act of 

20 1985, shall retain such designation. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
197 

•HR 6747 IH

1 SEC. 617. DESIGNATION OF SENIOR COMMUNITY ENGAGE2 MENT OFFICERS AND TRIBAL COMMUNITY 

3 ENGAGEMENT OFFICERS. 

4 (a) DESIGNATION OF SENIOR COMMUNITY ENGAGE5 MENT OFFICERS AND TRIBAL COMMUNITY ENGAGEMENT

6 OFFICERS.— 

7 (1) IN GENERAL.—The head of each Federal 

8 agency required or authorized to complete an envi9 ronmental document or an authorization for a major 

10 Federal action shall designate— 

11 (A) 1 or more appropriate employees or of12 ficials of the applicable Federal agency to serve 

13 as a senior community engagement officer (re14 ferred to in this section as an ‘‘SCO’’); and 

15 (B) 1 or more appropriate employees or of16 ficials of the applicable Federal agency (other 

17 than an employee or official designated as an 

18 SCO under subparagraph (A)) to serve as a 

19 Tribal community engagement officer (referred 

20 to in this section as a ‘‘TEO’’). 

21 (2) RESPONSIBILITIES OF AN SCO AND TEO.— 

22 An SCO and a TEO shall— 

23 (A) oversee community or Tribal, as appli24 cable, engagement in environmental review and 

25 authorization processes carried out by the Fed26 eral agency; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
198 

•HR 6747 IH

1 (B) advise the applicable head of the Fed2 eral agency on matters relating to community 

3 or Tribal, as applicable, engagement in such re4 views and processes; 

5 (C) identify, recommend, and implement 

6 approaches to expand and improve early, mean7 ingful community or Tribal, as applicable, en8 gagement relating to the environmental review 

9 and authorization processes carried out by the 

10 Federal agency; 

11 (D) identify and avoid or resolve conflicts 

12 with communities or Indian Tribes affected by 

13 the environmental review or authorization proc14 esses, as applicable— 

15 (i) to align Federal actions with the 

16 needs and interests of those communities 

17 or Indian Tribes, as applicable; and 

18 (ii) to minimize the potential for delay 

19 of environmental review and authorization 

20 processes carried out by the Federal agen21 cy; 

22 (E) identify opportunities with affected 

23 communities or Indian Tribes to accelerate the 

24 environmental review and authorization proc25 esses carried out by the Federal agency; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
199 

•HR 6747 IH

1 (F) provide technical support and capacity 

2 building, on request of a community or an In3 dian Tribe to enhance the ability of commu4 nities and Indian Tribes to engage construc5 tively in Federal agency decision making; and 

6 (G) assist in developing and negotiating 

7 community benefits agreements consistent with 

8 section 611. 

9 (3) REPORTING.—An SCO and a TEO shall re10 port directly to a Deputy Secretary (or equivalent) 

11 or higher position in the Federal agency in which 

12 the SCO or TEO serves. 

13 (4) GUIDANCE.—The Director of the Office of 

14 Management and Budget shall establish any guid15 ance necessary to establish SCO and TEO positions 

16 not later than 2 years of the date of enactment of 

17 this Act. 

18 (b) REGIONAL COMMUNITY ENGAGEMENT OFFI19 CERS.—A Federal agency may appoint regional commu20 nity engagement officers to support community and Tribal 

21 engagement in environmental review and authorization 

22 processes carried out by the Federal agency within a re23 gion impacted by a proposed major Federal project, in24 cluding by carrying out activities— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
200 

•HR 6747 IH

1 (1) to identify and implement approaches to ex2 pand and improve early, meaningful community and 

3 Tribal engagement relating to the environmental re4 view and authorization processes carried out by the 

5 Federal agency; 

6 (2) to identify and avoid or resolve conflicts 

7 with affected communities and Indian Tribes that 

8 have the potential to delay environmental review and 

9 authorization processes carried out by the Federal 

10 agency; 

11 (3) to identify opportunities with affected com12 munities and Indian Tribes to accelerate the envi13 ronmental review and authorization processes car14 ried out by the Federal agency; 

15 (4) to provide technical support and capacity 

16 building, on request of a community or an Indian 

17 Tribe, to enhance the ability of communities or In18 dian Tribes to engage constructively in Federal 

19 agency decision making; and 

20 (5) to assist in developing and negotiating com21 munity benefits agreements consistent with section 

22 611. 

23 (c) APPLICATION.—Notwithstanding any other provi24 sion of law, chapter 10 of title 5, United States Code 

25 (commonly known as the ‘‘Federal Advisory Committee 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
201 

•HR 6747 IH

1 Act’’), shall not apply to stakeholder engagement proc2 esses or public comment activities that are required under 

3 or proceeding from a Federal environmental permitting 

4 process and led by an SCO, a TEO, or a regional commu5 nity engagement officer appointed under subsection (b). 

6 (d) FAST 41.— 

7 (1) DEFINITION OF AGENCY SCO.—Section 

8 41001 of the FAST Act (42 U.S.C. 4370m) (as 

9 amended by section 201(a)(2)(A)) is amended— 

10 (A) by redesignating paragraphs (2) 

11 through (18) as paragraphs (3) through (19), 

12 respectively; and 

13 (B) by inserting after paragraph (1) the 

14 following: 

15 ‘‘(2) AGENCY SCO.—The term ‘agency SCO’ 

16 means the senior community engagement officer of 

17 an agency, as designated by the head of the agency 

18 under section 617(a)(1)(A) of the Clean Electricity 

19 and Transmission Acceleration Act of 2023.’’. 

20 (2) DISPUTE RESOLUTION.—Section 

21 41003(c)(2)(C)(i) of the FAST Act (42 U.S.C. 

22 4370m–2(c)(2)(C)(i)) is amended by striking ‘‘agen23 cy CERPOs’’ and inserting ‘‘agency CERPOs, agen24 cy SCOs,’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
202 

•HR 6747 IH

1 (3) ENVIRONMENTAL REVIEW IMPROVEMENT

2 FUND.—Section 41009(d)(3) of the FAST Act (42 

3 U.S.C. 4370m–8(d)(3)) is amended— 

4 (A) by striking ‘‘facilitate timely’’ and in5 serting ‘‘facilitate early, meaningful community 

6 engagement and timely’’; and 

7 (B) by inserting ‘‘and agency SCOs’’ after 

8 ‘‘agency CERPOs’’. 

9 SEC. 618. ESTABLISHMENT OF FERC ENVIRONMENTAL JUS10 TICE LIAISON. 

11 Section 319 of the Federal Power Act (16 U.S.C. 

12 825q–1) is amended by adding at the end the following: 

13 ‘‘(c)(1) The Director shall appoint within the Office 

14 at least one environmental justice liaison. 

15 ‘‘(2) A liaison shall engage and consult with environ16 mental justice communities that are determined by the Di17 rector to be reasonably likely to be affected by the con18 struction or operation of projects authorized by the Com19 mission to— 

20 ‘‘(A) increase the awareness of such projects; 

21 ‘‘(B) solicit input from such environmental jus22 tice communities on such projects; and 

23 ‘‘(C) aid in the planning of such projects to 

24 minimize any adverse effects on human health or the 

25 environment. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
203 

•HR 6747 IH

1 ‘‘(3) In engaging and consulting with the environ2 mental justice communities described in paragraph (2), a 

3 liaison shall coordinate with, as applicable— 

4 ‘‘(A) the appropriate counterparts of Tribal, 

5 State, or a local governments; 

6 ‘‘(B) community-based organizations; 

7 ‘‘(C) faith-based organizations; 

8 ‘‘(D) local small businesses; and 

9 ‘‘(E) representatives of any other groups, orga10 nizations, or individuals, as determined by the liai11 son. 

12 ‘‘(4) In this subsection: 

13 ‘‘(A) The term ‘environmental justice commu14 nity’ means any population of color, community of 

15 color, indigenous community, or low-income commu16 nity that experiences a disproportionate burden of 

17 the adverse human health or environmental impacts 

18 of pollution or other environmental hazards. 

19 ‘‘(B) The term ‘liaison’ means an environmental 

20 justice liaison appointed by the Director under para21 graph (1).’’. 

22 SEC. 619. REQUIREMENT FOR INTERVENOR FUNDING AT 

23 FERC OFFICE OF PUBLIC PARTICIPATION. 

24 (a) IN GENERAL.—Section 319(b)(2) of the Federal 

25 Power Act (16 U.S.C. 825q–l(b)(2)) is amended by strikVerDate Sep 11 2014 02:08 Jan 05, 2024 Jkt 049200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H6747.IH H6747

kjohnson on DSK7ZCZBW3PROD with $$_JOB
204 

•HR 6747 IH

1 ing ‘‘The Commission may’’ and inserting ‘‘The Commis2 sion shall’’. 

3 (b) RULEMAKING.—Not later than 180 days after the 

4 date of enactment of this Act, the Federal Energy Regu5 latory Commission shall promulgate a final rule to provide 

6 compensation under section 319(b)(2) of the Federal 

7 Power Act (16 U.S.C. 825q–1(b)(2)), as amended by this 

8 section. Under such rule the Commission shall require that 

9 each intervenor or participant file a disclosure form of 

10 earned and unearned income to identify conflicts of inter11 est. Such form shall not be overly burdensome. 

12 SEC. 620. REFORM OF RTO AND ISO GOVERNANCE AND 

13 PARTICIPATION. 

14 (a) TECHNICAL CONFERENCE.—Not later than 180 

15 days after the date of enactment of this section, the Fed16 eral Energy Regulatory Commission shall convene a tech17 nical conference to consider Regional Transmission Orga18 nization and Independent System Operator independence, 

19 the responsiveness of RTOs and ISOs to their customers 

20 and other stakeholders, and ways for RTOs and ISOs to 

21 increase the equitable treatment of their customers and 

22 other stakeholders, including the effectiveness of stake23 holder policies and procedures adopted in compliance with 

24 the final rule titled ‘‘Wholesale Competition in Regions 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
205 

•HR 6747 IH

1 With Organized Electric Markets’’ published in the Fed2 eral Register on October 28, 2008 (73 Fed. Reg. 64100). 

3 (b) PARTICIPATION.—The technical conference con4 vened under subsection (a) shall be led by members of the 

5 Commission, and the Commission shall invite participation 

6 from representatives of each RTO and ISO, owners and 

7 operators of transmission facilities, owners and operators 

8 of electric generation facilities, owners and operators of 

9 distributed energy generation systems, end-use customers, 

10 electric power marketers, publicly owned electric utilities, 

11 consumer advocates, environmental justice advocates, en12 vironmental groups, State commissions, and such other 

13 stakeholders as the Commission determines appropriate. 

14 (c) TOPICS.—In conducting the technical conference 

15 convened under subsection (a), the Commission shall seek 

16 to identify policies and procedures that maintain RTO and 

17 ISO independence, and enhance the responsiveness of 

18 RTOs and ISOs to their customers and other stake19 holders, taking into consideration— 

20 (1) the benefits of greater transparency in RTO 

21 and ISO stakeholder processes, including access by 

22 stakeholders to relevant data and written back23 ground materials; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
206 

•HR 6747 IH

1 (2) barriers to participation in such stakeholder 

2 processes for new market participants and other 

3 non-incumbent stakeholders; 

4 (3) the need for periodic, independent review of 

5 RTO and ISO stakeholder policies and procedures; 

6 (4) power imbalances between incumbent and 

7 non-incumbent stakeholders, including whether cur8 rent RTO and ISO membership rules, sectoral des9 ignations, and voting procedures allow for adequate 

10 representation of all stakeholder views; 

11 (5) whether and how RTOs and ISOs should 

12 take State public policy objectives into consideration 

13 as part of such stakeholder processes; 

14 (6) whether existing RTO and ISO decision15 making processes are sufficiently independent from 

16 the control of any market participant or class of par17 ticipants; 

18 (7) the role of the Office of Public Participation 

19 of the Commission in facilitating greater stakeholder 

20 participation in RTOs and ISOs; and 

21 (8) such other subjects as the Commission con22 siders appropriate. 

23 (d) PUBLIC COMMENT.—The Commission shall pro24 vide an opportunity for public comment on the technical 

25 conference convened under subsection (a). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
207 

•HR 6747 IH

1 (e) RULEMAKING.—Not later than 18 months after 

2 the conclusion of the technical conference convened under 

3 subsection (a), the Commission shall issue a final rule 

4 adopting such policies and procedures as the Commission 

5 determines necessary to maintain the independence of 

6 RTOs and ISOs, and to enhance the transparency and re7 sponsiveness of RTOs and ISOs to their customers and 

8 other stakeholders. 

9 (f) DEFINITIONS.—In this section: 

10 (1) COMMISSION.—The term ‘‘Commission’’ 

11 means the Federal Energy Regulatory Commission. 

12 (2) FEDERAL POWER ACT DEFINITIONS.—The 

13 terms ‘‘electric utility’’, ‘‘Independent System Oper14 ator’’, ‘‘ISO’’, ‘‘Regional Transmission Organiza15 tion’’, ‘‘RTO’’, and ‘‘State commission’’ have the 

16 meanings given such terms in section 3 of the Fed17 eral Power Act (16 U.S.C. 796). 

18 SEC. 621. SAVINGS CLAUSE. 

19 Nothing in this title diminishes— 

20 (1) any right granted through the National En21 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.) to the public; or 

23 (2) the requirements under the National Envi24 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
208 

•HR 6747 IH

1 seq.) to consider direct, indirect, and cumulative im2 pacts. 

3 SEC. 622. DEFINITIONS. 

4 In this title: 

5 (1) AFFECTED ENVIRONMENTAL JUSTICE COM6 MUNITY.—The term ‘‘affected environmental justice 

7 community’’ means an environmental justice commu8 nity that may experience adverse health and environ9 mental impacts as a result of a major Federal ac10 tion. 

11 (2) CATEGORICAL EXCLUSION; COOPERATING

12 AGENCY; ENVIRONMENTAL ASSESSMENT; ENVIRON13 MENTAL DOCUMENT; ENVIRONMENTAL IMPACT

14 STATEMENT; LEAD AGENCY.—The terms ‘‘categor15 ical exclusion’’, ‘‘cooperating agency’’, ‘‘environ16 mental assessment’’, ‘‘environmental document’’, 

17 ‘‘environmental impact statement’’, ‘‘lead agency’’, 

18 and ‘‘participating Federal agency’’ have the mean19 ings given such terms in section 111 of the National 

20 Environmental Policy Act of 1969 (42 U.S.C. 

21 4336e). 

22 (3) COMMUNITY OF COLOR.—The term ‘‘com23 munity of color’’ means a geographically distinct 

24 area in which the population of any of the following 

25 categories of individuals is higher than the average 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
209 

•HR 6747 IH

1 population of that category for the State in which 

2 the community is located: 

3 (A) Black. 

4 (B) African American. 

5 (C) Asian. 

6 (D) Pacific Islander. 

7 (E) Other non-White race. 

8 (F) Hispanic. 

9 (G) Latino. 

10 (H) Linguistically isolated. 

11 (I) Middle Eastern and North African. 

12 (4) ENVIRONMENTAL JUSTICE COMMUNITY.— 

13 The term ‘‘environmental justice community’’ means 

14 a community with significant representation of com15 munities of color, low-income communities, or Tribal 

16 and Indigenous communities that experience, or are 

17 at risk of experiencing, a disproportionate burden of 

18 the adverse human health or environmental impacts 

19 of pollution or other environmental hazards. 

20 (5) LOW-INCOME COMMUNITY.—The term ‘‘low21 income community’’ means any census block group 

22 in which 30 percent or more of the population are 

23 individuals with an annual household income equal 

24 to, or less than, the greater of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
210 

•HR 6747 IH

1 (A) an amount equal to 80 percent of the 

2 median income of the area in which the house3 hold is located, as reported by the Department 

4 of Housing and Urban Development; and 

5 (B) 200 percent of the Federal poverty 

6 line. 

7 (6) MAJOR FEDERAL ACTION.—The term 

8 ‘‘major Federal action’’ means a major Federal ac9 tion significantly affecting the quality of the human 

10 environment under section 102(2)(C) of the National 

11 Environmental Policy Act of 1969 (42 U.S.C. 

12 4332(C)(2)). 

13 (7) TRIBAL AND INDIGENOUS COMMUNITY.— 

14 The term ‘‘Tribal and Indigenous community’’ 

15 means a population of people who are members of— 

16 (A) a federally recognized Indian Tribe; 

17 (B) a State-recognized Indian Tribe; 

18 (C) an Alaska Native community or orga19 nization; 

20 (D) a Native Hawaiian community or or21 ganization; or 

22 (E) any other Indigenous community lo23 cated in a State. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB