North American Energy Infrastructure Act

To require approval for the construction, connection, operation, or maintenance of oil or natural gas pipelines or electric transmission facilities at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico, and for other purposes. 1. Short title This Act may be cited as the North American Energy Infrastructure Act 2. Finding Congress finds that the United States should establish a more uniform, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil and natural gas and the transmission of electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market. 3. Definitions In this Act: (1) Cross-border segment The term cross-border segment (2) Electric Reliability Organization The term Electric Reliability Organization 16 U.S.C. 824o(a) (3) Independent System Operator The term Independent System Operator 16 U.S.C. 796 (4) Modification The term modification (A) a change in ownership; (B) a volume expansion; (C) a downstream or upstream interconnection; or (D) an adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations). (5) Natural gas The term natural gas 15 U.S.C. 717a (6) Oil The term oil (7) Regional entity The term regional entity 16 U.S.C. 824o(a) (8) Regional Transmission Organization The term Regional Transmission Organization 16 U.S.C. 796 4. Authorization of certain energy infrastructure projects at the national boundary of the United States (a) Authorization Except as provided in subsection (c) and section 8, no person may construct, connect, operate, or maintain a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico without obtaining a certificate of crossing for the construction, connection, operation, or maintenance of the cross-border segment under this section. (b) Certificate of crossing (1) Requirement Not later than 120 days after final action is taken under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Relevant official The relevant official referred to in paragraph (1) is— (A) the Secretary of State with respect to oil pipelines; and (B) the Secretary of Energy with respect to electric transmission facilities. (3) Additional requirement for electric transmission facilities In the case of a request for a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing for the request under paragraph (1), that the cross-border segment of the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (A) the Electric Reliability Organization and the applicable regional entity; and (B) any Regional Transmission Organization or Independent System Operator with operational or functional control over the cross-border segment of the electric transmission facility. (c) Exclusions This section shall not apply to any construction, connection, operation, or maintenance of a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico— (1) if the cross-border segment is operating for the import, export, or transmission as of the date of enactment of this Act; (2) if a permit described in section 7 for the construction, connection, operation, or maintenance has been issued; (3) if a certificate of crossing for the construction, connection, operation, or maintenance has previously been issued under this section; or (4) if an application for a permit described in section 7 for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— (A) the date on which the application is denied; or (B) July 1, 2016. (d) Effect of other laws (1) Application to projects Nothing in this section or section 8 affects the application of any other Federal law to a project for which a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment is sought under this section. (2) Energy Policy and Conservation Act Nothing in this section or section 8 shall affect the authority of the President under section 103(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6212(a) 5. Importation or exportation of natural gas to Canada and Mexico Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) (1) by striking (c) For purposes (c) Expedited application and approval process (1) In general For purposes ; and (2) by adding at the end the following: (2) Deadline for approval of applications relating to Canada and Mexico In the case of an application for the importation or exportation of natural gas to or from Canada or Mexico, the Commission shall approve the application not later than 30 days after the date of receipt of the application. . 6. Transmission of electric energy to Canada and Mexico (a) Repeal of requirement To secure order Section 202 of the Federal Power Act ( 16 U.S.C. 824a (1) by striking subsection (e); and (2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (b) Conforming amendments (1) State regulations Subsection (e) of section 202 of the Federal Power Act ( 16 U.S.C. 824a insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e) (2) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. 7. No Presidential permit required (a) In general No Presidential permit (or similar permit) required under an applicable provision described in subsection (b) shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment of the pipeline or facility. (b) Applicable provisions Subsection (a) applies to— (1) section 301 of title 3, United States Code; (2) Executive Order 11423 ( 3 U.S.C. 301 (3) Executive Order 13337 ( 3 U.S.C. 301 (4) Executive Order 10485 ( 15 U.S.C. 717b (5) Executive Order 12038 ( 42 U.S.C. 7151 (6) any other Executive order. 8. Modifications to existing projects No certificate of crossing under section 4, or permit described in section 7, shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility— (1) that is operating for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of the Act; (2) for which a permit described in section 7 for the construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued under section 4. 9. Effective date; rulemaking deadlines (a) Effective date Sections 4 through 8, and the amendments made by those sections, take effect on July 1, 2016. (b) Rulemaking deadlines Each relevant official described in section 4(b)(2) shall— (1) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 4; and (2) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 4.

Summary: North American Energy Infrastructure Act Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Department of State, with respect to oil pipelines, or the Department of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969, unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with specified policies and standards. Amends the Natural Gas Act to require the Federal Energy Regulatory Commission to approve within 30 days after receipt any application for the importation or exportation of natural gas to or from Canada or Mexico. Declares that no presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment.