S.Amdt. 2574

1. Adds TITLE VIII--MISCELLANEOUS at the end of the bill

   Adds a title

   In S. 3414 · Placed on Calendar Senate

   (21) Third party.--The term "third party" includes Federal entities and non-Federal entities.

   Inserted: TITLE VIII--MISCELLANEOUS

   Inserted: SEC. 801. COMPLIANCE WITH OR VIOLATION OF ENVIRONMENTAL LAWS WHILE UNDER EMERGENCY ORDER.

   Inserted: (a) In General.--Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended--

   Inserted: (1) by striking "(c) During" and inserting the following:

   Inserted: "(c) Temporary Connection and Exchange of Facilities During Emergency.--

   Inserted: "(1) In general.--During"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(2) Compliance with or violation of environmental laws while under emergency order.--

   Inserted: "(A) In general.--If an order issued under this subsection may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation, the Commission shall ensure that the order--

   Inserted: "(i) requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and

   Inserted: "(ii) to the maximum extent practicable, is consistent with any applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts.

   Inserted: "(B) Effect of compliance with emergency orders.--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 the order) results in noncompliance with, or causes the party to not comply with, any Federal, State, or local environmental law or regulation, the omission or action shall not be considered a violation of the environmental law or regulation, or subject the party to any requirement, civil or criminal liability, or a citizen suit under the environmental law or regulation.

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   Inserted: "(C) Term of emergency orders.--Subject to subparagraph (D), 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 the order is issued.

   Inserted: "(D) Renewal or reissuance of emergency orders.--

   Inserted: "(i) In general.--The Commission may renew or reissue the order pursuant to this subsection 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.

   Inserted: "(ii) Administration.--In renewing or reissuing an order under clause (i), the Commission shall--

   Inserted: "(I) consult with the primary Federal agency with expertise in the environmental interest protected by the law or regulation; and

   Inserted: "(II) include in the renewed or reissued order such conditions as the Federal agency determines necessary to minimize any adverse environmental impacts to the maximum extent practicable.

   Inserted: "(iii) Public availability of conditions.--The conditions, if any, submitted by the Federal agency shall be made available to the public.

   Inserted: "(iv) Exclusion of conditions.--The Commission may exclude a condition from the renewed or reissued order if the Commission--

   Inserted: "(I) determines that the condition would prevent the order from adequately addressing the emergency necessitating the order; and

   Inserted: "(II) provides in the order, or otherwise makes publicly available, an explanation of the determination.".

   Inserted: (b) Temporary Connection or Construction by Municipalities.--Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended by inserting "or municipality" before "engaged in the transmission or sale of electric energy".

   Original wording

   At the end of the bill, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed