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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 848 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 848

 To clarify that compliance with an emergency order under the Federal 
 Power Act may not be considered a violation of any Federal, State, or 
     local environmental law or regulation, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2015

  Mrs. McCaskill (for herself and Mr. Blunt) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
 To clarify that compliance with an emergency order under the Federal 
 Power Act may not be considered a violation of any Federal, State, or 
     local environmental law or regulation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resolving Environmental and Grid 
Reliability Conflicts Act of 2015''.

SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT.

    (a) Compliance With or Violation of Environmental Laws While Under 
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended--
            (1) in the first sentence, by striking ``(c) During'' and 
        inserting the following:
    ``(c) Authorization During War or Emergency.--
            ``(1) In general.--During''; and
            (2) by adding at the end the following:
            ``(2) Limitation as result of conflict with environmental 
        law.--With respect to an order issued under this subsection 
        that may result in a conflict with a requirement of any 
        Federal, State, or local environmental law (including 
        regulations), the Commission shall ensure that the order--
                    ``(A) requires generation, delivery, interchange, 
                or transmission of electric energy only during hours 
                necessary to meet the emergency and serve the public 
                interest; and
                    ``(B) to the maximum extent practicable--
                            ``(i) is consistent with any applicable 
                        Federal, State, or local environmental law 
                        (including regulations); and
                            ``(ii) minimizes any adverse environmental 
                        impacts.
            ``(3) Compliance not considered violation of other law.--To 
        the extent that any omission or action taken by a party that is 
        necessary to comply with an order issued under this subsection, 
        including any omission or action taken to voluntarily comply 
        with the order, results in noncompliance with, or causes the 
        party to not comply with, any Federal, State, or local 
        environmental law (including regulations), the omission or 
        action shall not--
                    ``(A) be considered a violation of that 
                environmental law (including regulations); or
                    ``(B) subject the party to any requirement, civil 
                or criminal liability, or a citizen suit under that 
                environmental law or regulation.
            ``(4) Expiration of order; renewal.--
                    ``(A) Expiration.--An order issued under this 
                subsection that may result in a conflict as described 
                in paragraph (3) shall expire not later than 90 days 
                after that order is issued.
                    ``(B) Renewal.--The Commission may renew or reissue 
                an order described in subparagraph (A) pursuant to 
                paragraphs (1) and (2) for subsequent periods, not to 
                exceed 90 days for each period, as the Commission 
                determines necessary to meet the emergency and serve 
                the public interest.
                    ``(C) Consultation.--In renewing or reissuing an 
                order under subparagraph (A) or (B), the Commission--
                            ``(i) shall consult with the primary 
                        Federal agency with expertise in the 
                        environmental interest protected by the law or 
                        regulation in conflict; and
                            ``(ii)(I) shall include in any renewed or 
                        reissued order such conditions as that Federal 
                        agency determines necessary to minimize any 
                        adverse environmental impacts to the maximum 
                        extent practicable; or
                            ``(II) may exclude from the renewed or 
                        reissued order any condition if the 
                        Commission--
                                    ``(aa) determines the condition 
                                would prevent the order from adequately 
                                addressing the emergency necessitating 
                                the order; and
                                    ``(bb) provides in the order, or 
                                otherwise makes publicly available, an 
                                explanation of that determination.
                    ``(D) Public availability.--Any conditions 
                submitted by the Federal agency under subparagraph 
                (C)(ii) shall be made available to the public.
            ``(5) Effect of court action.--If an order issued under 
        this subsection is subsequently stayed, modified, or set aside 
        by a court pursuant to section 313 or any other provision of 
        law, any omission or action previously taken by a party that 
        was necessary to comply with the order while the order was in 
        effect, including any omission or action taken to voluntarily 
        comply with the order, shall remain subject to paragraph 
        (3).''.
    (b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended 
in the matter preceding the first proviso by inserting ``or 
municipality'' before ``engaged in the transmission or sale of electric 
energy''.
                                 <all>
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