II 118th CONGRESS 2d Session S. 4348 IN THE SENATE OF THE UNITED STATES May 15, 2024 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act to prohibit the Federal Energy Regulatory Commission from issuing permits for the construction or modification of electric transmission facilities in a State over the objection of the State, and for other purposes.

1. Short title This Act may be cited as the Protecting Our Farmers from the Green New Deal Act . 2. Purpose The purpose of this Act is to protect farmers and landowners from national efforts to site electric transmission facilities over the objection of State regulators. 3. Siting of interstate electric transmission facilities (a) In general Section 216(b) of the Federal Power Act ( 16 U.S.C. 824p(b) ) is amended— (1) by striking paragraph (1) and inserting the following: (A) a State in which the transmission facilities are to be constructed or modified does not have authority to approve the siting of the facilities; ; (2) by redesignating paragraphs (2) through (6) as subparagraphs (B) through (F), respectively, and indenting appropriately; (3) in the matter preceding subparagraph (A) (as so designated), by striking Except and inserting the following: (1) In general Except ; (4) in paragraph (1) (as so designated)— (A) in subparagraph (E), by striking and at the end; (B) in subparagraph (F), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (G) the proposed construction or modification minimizes any adverse effects on landowners and agriculture, adequately compensates landowners and agricultural producers for any harms, and provides benefits to consumers in the State that exceed the harms to landowners and agricultural producers. ; and (5) by adding at the end the following: (2) Prohibition Under no circumstances may the Commission review an application or issue a permit for the construction or modification of transmission facilities if a State entity with authority to approve the siting of the facilities— (A) has previously denied an identical or substantially similar application; or (B) is currently reviewing an identical or substantially similar application. . (b) Conforming amendment Section 216(i)(4) of the Federal Power Act ( 16 U.S.C. 824p(i)(4) ) is amended by striking , unless in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (B) and inserting a period. 4. Report (a) Definitions In this section: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) Committees of jurisdiction The term committees of jurisdiction means— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (b) Report required Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commission shall submit to the committees of jurisdiction and make publicly available a report describing all actions taken by the Commission pursuant to section 216(b) of the Federal Power Act ( 16 U.S.C. 824p(b) ) during the period covered by the report. (c) Contents The report required under subsection (b) shall include a description of— (1) any adverse effects on private landowners, farmers, and agricultural producers; (2) how those effects were taken into account; and (3) the steps taken by the Commission— (A) to minimize those effects; (B) to compensate any affected individuals; and (C) to ensure that affected individuals benefit from the applicable project.