POWER ON Act
Bill: H.R.1514 | Sponsor: Rep. Peters, Scott H. (D-CA)
Policy area: Energy

Summary:
Prevent Outages With Energy Resilient Options Nationwide Act or the POWER ON Act
This bill revises requirements governing the designation of a national interest electric transmission corridor. Currently, the Department of Energy (DOE) may designate any geographic area experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers.
The bill expands the list of considerations DOE may use to select and designate a corridor. Specifically, DOE may consider whether the designation would (1) enhance the ability of facilities that generate or transmit renewable energy, low-emission energy, or emission-free energy to connect to the electric grid; (2) promote electrification of other sectors, including the transportation sector; or (3) facilitate other public policies to decarbonize the grid. DOE may also consider whether the designation maximizes existing rights-of-way, avoids sensitive environmental areas and cultural heritage sites, and would lower the cost of electricity for consumers.
The bill also revises the authority (i.e., backstop authority) of the Federal Energy Regulatory Commission (FERC) to issue a permit for interstate transmission projects in such corridors when states and local governments fail to do so, including by specifying the timing for when FERC may issue such permits. In addition, the bill requires permit holders to make good faith efforts to engage landowners and other stakeholders early before exercising the right of eminent domain to purchase property needed to complete permit projects.
Finally, the bill requires DOE to provide technical assistance to regional transmission siting agencies.

To amend the Federal Power Act to increase transmission capacity for 
     clean energy, reduce congestion, and increase grid resilience.

    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 ``Prevent Outages With Energy 
Resilient Options Nationwide Act'' or the ``POWER ON Act''.

SEC. 2. AMENDMENTS TO FEDERAL POWER ACT.

    (a) Designation of National Interest Electric Transmission 
Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)) 
is amended--
            (1) in paragraph (1), by inserting ``capacity constraints 
        and'' before ``congestion'';
            (2) in paragraph (2)--
                    (A) by inserting ``, not less often than once every 
                3 years,'' after ``Secretary shall'';
                    (B) by inserting ``and Indian tribes'' after 
                ``affected States'';
                    (C) by inserting ``or other information about 
                electric transmission capacity constraints or 
                congestion'' after ``the study''; and
                    (D) by inserting ``, or that is expected to 
                experience such constraints or congestion,'' after 
                ``consumers'';
            (3) in paragraph (3), by inserting ``, not less often than 
        once every 3 years,'' after ``Secretary shall''; and
            (4) in paragraph (4)--
                    (A) in subparagraph (C), by inserting ``or energy 
                security'' after ``independence'';
                    (B) in subparagraph (D), by striking the ``and'' at 
                the end;
                    (C) in subparagraph (E), by striking ``security.'' 
                and inserting ``security;''; and
                    (D) by adding at the end the following:
            ``(F) the designation would--
                    ``(i) enhance the ability of facilities that 
                generate or transmit renewable energy, low-emission 
                energy, or emission-free energy to connect to the 
                electric grid;
                    ``(ii) promote electrification of other sectors, 
                including the transportation sector; or
                    ``(iii) facilitate other public policies to 
                decarbonize the grid;
            ``(G) the designation--
                    ``(i) maximizes existing rights-of-way, including 
                along highways, brownfields, and railways; and
                    ``(ii) avoids, to the maximum extent practicable, 
                sensitive environmental areas and cultural heritage 
                sites; and
            ``(H) the designation would result in a reduction in the 
        cost to purchase electric energy for consumers.''.
    (b) Construction Permit.--Section 216(b) of the Federal Power Act 
(16 U.S.C. 824p(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)(ii), by inserting ``or 
                interregional benefits'' after ``interstate benefits''; 
                and
                    (B) by amending subparagraph (C) to read as 
                follows:
            ``(C) a State commission or other entity that has authority 
        to approve the siting of the facilities has--
                    ``(i) not approved or denied an application seeking 
                approval pursuant to applicable law by the date that is 
                1 year after the filing of the application or 1 year 
                after the designation of the relevant national interest 
                electric transmission corridor, whichever is later;
                    ``(ii) conditioned its approval in such a manner 
                that the proposed construction or modification will not 
                significantly reduce transmission congestion in 
                interstate commerce or is not economically feasible; or
                    ``(iii) denied an application seeking approval 
                pursuant to applicable law;''.
    (c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16 
U.S.C. 824p(e)(1)) is amended by inserting ``and the permit holder has 
made good faith efforts to engage landowners and other stakeholders 
early,'' after ``facilities,''.
    (d) Interstate Compacts.--Section 216(i) of the Federal Power Act 
(16 U.S.C. 824p) is amended--
            (1) in paragraph (2), by striking ``may'' and inserting 
        ``shall''; and
            (2) in paragraph (4), by striking ``the members of the 
        compact are in disagreement and the Secretary makes, after 
        notice and an opportunity for a hearing, the finding described 
        in subsection (b)(1)(C)'' and inserting ``the Secretary finds 
        that the members of the compact are in disagreement after the 
        date that is 1 year after the filing of an application for the 
        facility or 1 year after the designation of the relevant 
        national interest electric transmission corridor, whichever is 
        later''.
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