I 
118TH CONGRESS 
1ST SESSION H. R. 4689 
To amend the Federal Power Act to facilitate more expeditious review and 
permitting of certain electric transmission facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2023 
Mr. PETERS (for himself, Mr. VEASEY, and Mr. CA´RDENAS) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Natural Resources, and Ag-
riculture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend the Federal Power Act to facilitate more expedi-
tious review and permitting of certain electric trans-
mission facilities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Facilitating America’s 
Siting of Transmission and Electric Reliability Act of 
2023’’ or the ‘‘FASTER Act of 2023’’. 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. NATIONAL INTEREST ELECTRIC TRANSMISSION FA-
CILITIES. 
(a) IN GENERAL.—Section 216 of the Federal Power 
Act (16 U.S.C. 824p) is amended to read as follows: 
‘‘SEC. 216. SITING OF INTERSTATE ELECTRIC TRANS-
MISSION FACILITIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMMISSION.—The term ‘Commission’ 
means the Federal Energy Regulatory Commission. 
‘‘(2) COMMUNITY BENEFIT AGREEMENT.— 
‘‘(A) IN GENERAL.—The term ‘community 
benefit agreement’ means an agreement be-
tween CBA parties, including, at a minimum, at 
least 1 entity described in each of subclauses 
(I) through (IV) of subparagraph (B)(iii), 
that— 
‘‘(i) relates to a project for the con-
struction or modification of a national in-
terest electric transmission facility for 
which a permit is sought under subsection 
(c); 
‘‘(ii) is applicable through the con-
struction (or modification) and operation 
of that national interest electric trans-
mission facility; 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
‘‘(iii) is negotiated through a process 
that includes meaningful engagement, by 
the project sponsor, with— 
‘‘(I) the applicable 1 or more 
agreement entities that are parties to 
the agreement; and 
‘‘(II) stakeholder groups, includ-
ing at least 1 entity described in each 
of subclauses (I) and (II) of subpara-
graph (B)(v); 
‘‘(iv) details specific, measurable, and 
legally enforceable CBA commitments; 
‘‘(v) includes a detailed plan, with 
clear metrics, milestones, and timelines, for 
accomplishing CBA commitments; 
‘‘(vi) establishes specific roles, respon-
sibilities, and processes for tracking and 
reporting progress with respect to CBA 
commitments; 
‘‘(vii) establishes clear enforcement 
processes to address noncompliance, in-
cluding specific penalties for noncompli-
ance; and 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
‘‘(viii) requires the CBA parties to an-
nually submit to the Commission a report 
that describes, in a transparent manner— 
‘‘(I) the CBA commitments in-
cluded in the agreement; and 
‘‘(II) the progress made with re-
spect those CBA commitments. 
‘‘(B) ASSOCIATED DEFINITIONS.—For pur-
poses of this paragraph: 
‘‘(i) AGREEMENT ENTITY.— 
‘‘(I) IN
GENERAL.—The term 
‘agreement entity’ means an entity de-
scribed in subclause (II) that will be 
significantly impacted by project de-
velopment, construction, or local oper-
ations activities relating to the appli-
cable project that is the subject of the 
agreement described in subparagraph 
(A). 
‘‘(II) ENTITY
DESCRIBED.—An 
entity referred to in subclause (I) is 
any of the following: 
‘‘(aa) Any political subdivi-
sion of a State, including a coun-
ty and any subdivision of a coun-
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
ty, in which the project will be lo-
cated. 
‘‘(bb) A Tribal governmental 
entity of an Indian Tribe that 
will be affected by the project. 
‘‘(cc) Any other State, Trib-
al, or local entity, as the Com-
mission or the parties to the ap-
plicable agreement determine to 
be appropriate. 
‘‘(ii) CBA COMMITMENT.—The term 
‘CBA commitment’ means a commitment, 
made by the project sponsor and detailed 
in an agreement described in subparagraph 
(A), that benefits stakeholder groups. 
‘‘(iii) CBA PARTY.—The term ‘CBA 
party’ includes, at a minimum, each of the 
following: 
‘‘(I) The project sponsor. 
‘‘(II) An agreement entity. 
‘‘(III) A community group. 
‘‘(IV) A labor union or equivalent 
organization, such as a workforce de-
velopment board, representing workers 
or trades that will be needed for each 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
of the construction and operation (in-
cluding, if applicable, production) ac-
tivities associated with the project 
that is the subject of the agreement 
described in subparagraph (A). 
‘‘(iv) COMMUNITY GROUP.—The term 
‘community group’ means any of the fol-
lowing: 
‘‘(I) An unincorporated associa-
tion composed of— 
‘‘(aa) underserved, overbur-
dened, or disadvantaged commu-
nities and members of those com-
munities in the applicable agree-
ment entity; or 
‘‘(bb) affected landowners or 
community members in the appli-
cable agreement entity. 
‘‘(II) A registered organization 
described in section 501(c)(3) of the 
Internal Revenue Code of 1986 and 
exempt from taxation under section 
501(a) of that Code that has a history 
of— 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
‘‘(aa) prior work consistent 
with the goals established by the 
applicable agreement described in 
subparagraph (A); or 
‘‘(bb) advocating for com-
munity members in the applicable 
agreement entity. 
‘‘(v) 
STAKEHOLDER
GROUP.—The 
term ‘stakeholder group’ means— 
‘‘(I) a community group; and 
‘‘(II) a CBA party described in 
clause (iii)(IV). 
‘‘(C) 
REQUIREMENT.—The 
Commission 
shall make all reports submitted to the Com-
mission 
in 
accordance 
with 
subparagraph 
(A)(viii) publicly available on the website of the 
Commission. 
‘‘(3) COOPERATING
AGENCY.—The term ‘co-
operating agency’ has the meaning given the term in 
section 1508.1 of title 40, Code of Federal Regula-
tions (or a successor regulation). 
‘‘(4) COUNCIL.—The term ‘Council’ means the 
Federal Permitting Improvement Steering Council 
established by section 41002(a) of the FAST Act 
(42 U.S.C. 4370m–1(a)). 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
‘‘(5) ENVIRONMENTAL
REVIEW
DOCUMENT.— 
The term ‘environmental review document’ has the 
meaning given the term ‘environmental document’ in 
section 41001 of the FAST Act (42 U.S.C. 4370m). 
‘‘(6) FEDERAL AUTHORIZATION.— 
‘‘(A) IN GENERAL.—The term ‘Federal au-
thorization’ means any authorization required 
under Federal law in order to site a national in-
terest electric transmission facility. 
‘‘(B) INCLUSIONS.—The term ‘Federal au-
thorization’ includes such permits, special use 
authorizations, certifications, opinions, or other 
approvals as may be required under Federal law 
in order to site a national interest electric 
transmission facility. 
‘‘(7) NATIONAL
INTEREST
ELECTRIC
TRANS-
MISSION
FACILITY.—The term ‘national interest 
electric transmission facility’ means— 
‘‘(A) an electric transmission facility— 
‘‘(i) that is located in a national inter-
est electric transmission corridor des-
ignated by the Secretary under paragraph 
(2) or (5) of subsection (b); and 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
‘‘(ii) with respect to which the Com-
mission finds that the proposed construc-
tion or modification of the facility— 
‘‘(I) is consistent with the public 
interest; 
‘‘(II) will significantly reduce 
transmission congestion in interstate 
commerce; 
‘‘(III) will protect or benefit con-
sumers; 
‘‘(IV) is consistent with sound 
national energy policy; 
‘‘(V) will enhance energy inde-
pendence; and 
‘‘(VI) will maximize, to the ex-
tent reasonable and economical, the 
transmission capabilities of existing 
towers or structures; or 
‘‘(B) an electric transmission facility 
that— 
‘‘(i) has a transmission capacity of 
not less than— 
‘‘(I) 345 kilovolts; or 
‘‘(II) 750 megawatts; and 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
‘‘(ii) is located in not fewer than 2 
States. 
‘‘(8) PARTICIPATING AGENCY.—The term ‘par-
ticipating agency’ has the meaning given the term in 
section 41001 of the FAST Act (42 U.S.C. 4370m). 
‘‘(9) PREFILING PROCESS.—The term ‘prefiling 
process’ means the prefiling process established 
under subsection (h)(7)(C). 
‘‘(10) QUALIFYING PROJECT.—The term ‘quali-
fying project’ means a project— 
‘‘(A) for the siting, construction, or modi-
fication of a national interest electric trans-
mission facility; and 
‘‘(B) with respect to which the project 
sponsor complies with— 
‘‘(i) the prefiling regulations described 
in subsection (h)(7)(C); and 
‘‘(ii) all other applicable regulations 
promulgated by the Commission relating to 
an application for a permit under sub-
section (c). 
‘‘(11) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Energy. 
‘‘(12) STATE OR LOCAL AUTHORIZATION.— 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) IN
GENERAL.—The term ‘State or 
local authorization’ means any authorization re-
quired under State or local law in order to site 
a transmission facility. 
‘‘(B) INCLUSIONS.—The term ‘State or 
local authorization’ includes such permits, spe-
cial use authorizations, certifications, opinions, 
or other approvals as may be required under 
State or local law in order to site a trans-
mission facility. 
‘‘(b) STUDY, REPORT, AND DESIGNATION OF NA-
TIONAL
INTEREST
ELECTRIC
TRANSMISSION
COR-
RIDORS.— 
‘‘(1) STUDY.—Not later than 1 year after the 
date of enactment of the FASTER Act of 2023, and 
every 3 years thereafter, the Secretary, in consulta-
tion with affected States, Indian Tribes, and local 
governments, shall conduct a study of electric trans-
mission capacity constraints and congestion. 
‘‘(2) REPORT AND DESIGNATION.—Not less fre-
quently than once every 3 years, the Secretary, after 
considering alternatives and recommendations from 
interested parties (including an opportunity for com-
ment from affected States, Indian Tribes, and local 
governments), shall issue a report, based on the 
VerDate Sep 11 2014 
20:41 Aug 08, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS
study under paragraph (1) or other information re-
lating to electric transmission capacity constraints 
and congestion, which may designate as a national 
interest electric transmission corridor any geo-
graphic area that— 
‘‘(A) is experiencing electric energy trans-
mission capacity constraints or congestion that 
adversely affects consumers; or 
‘‘(B) is expected to experience such energy 
transmission capacity constraints or congestion. 
‘‘(3) CONSULTATION.—Not less frequently than 
once every 3 years, the Secretary, in conducting the 
study under paragraph (1) and issuing the report 
under paragraph (2), shall consult with any appro-
priate regional entity referred to in section 215. 
‘‘(4) CONSIDERATIONS.—In determining wheth-
er to designate a national interest electric trans-
mission corridor under paragraph (2), the Secretary 
shall consider whether— 
‘‘(A) the economic vitality and development 
of the corridor, or the end markets served by 
the corridor, may be constrained by lack of ade-
quate or reasonably priced electricity; 
‘‘(B)(i) economic growth in the corridor, or 
the end markets served by the corridor, may be 
VerDate Sep 11 2014 
22:31 Aug 07, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4689.IH
H4689
kjohnson on DSK79L0C42PROD with BILLS