Resolving Environmental and Grid Reliability Conflicts Act of 2013

To clarify that compliance with an emergency order under section 202(c) of the Federal Power Act may not be considered a violation of any Federal, State, or local environmental law or regulation, and for other purposes. 1. Short title This Act may be cited as the Resolving Environmental and Grid Reliability Conflicts Act of 2013 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) (1) by inserting (1) (c) (2) by adding at the end the following: (2) 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 or regulation, the Commission shall ensure that such order requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest, and, to the maximum extent practicable, is consistent with any applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts. (3) To the extent 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 such order, results in noncompliance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation. (4) (A) An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation shall expire not later than 90 days after it is issued. The Commission may renew or reissue such order 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. (B) In renewing or reissuing an order under subparagraph (A), the Commission shall consult with the primary Federal agency with expertise in the environmental interest protected by such law or regulation, and shall include in any such renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts to the maximum extent practicable. The conditions, if any, submitted by such Federal agency shall be made available to the public. The Commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order, or otherwise makes publicly available, an explanation of such determination. . (b) Temporary connection or construction by municipalities Section 202(d) of the Federal Power Act ( 16 U.S.C. 824a(d) or municipality engaged in the transmission or sale of electric energy May 20, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Resolving Environmental and Grid Reliability Conflicts Act of 2013 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to ensure that any emergency order issued under such Act for the interconnection of facilities for the generation, transmission, and sale of electric energy, that may result in a conflict with a requirement of any environmental law, shall: (1) require generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and (2) to the maximum extent practical, be consistent with any other applicable environmental law and minimize any adverse environmental impacts. Provides that any omission or action taken by a party to comply with such an order that results in noncompliance with any environmental law shall not: (1) be considered a violation of such law; or (2) subject such party to any requirement of, or any civil or criminal liability under, such law. Requires such an order that may result in a conflict with environmental law to expire within 90 days after it is issued. Authorizes FERC to renew or reissue such order for subsequent periods, not to exceed 90 days each, as necessary to meet the emergency and serve the public interest. Requires FERC, in renewing or reissuing such order, to: (1) consult with the primary federal agency with expertise in the environmental interest protected by such law and include in any such order conditions determined to be necessary to minimize any adverse environmental impacts, and (2) make such conditions available to the public. Authorizes FERC to exclude such a condition from the order if such condition would prevent the order from adequately addressing the emergency. Authorizes, during an emergency, a municipality engaged in the transmission or sale of electric energy and not otherwise subject to FERC's jurisdiction to make temporary connections with public utilities subject to FERC's jurisdiction and construct temporary facilities for the transmission of electric energy in interstate commerce as may be necessary or appropriate to meet such emergency.