119-hr5600

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5600 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5600

 To amend the Federal Power Act to streamline the siting of certain 
 transmission facilities in the national interest.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 26, 2025

 Mr. Peters (for himself and Mr. Barr) introduced the following bill; 
 which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

 To amend the Federal Power Act to streamline the siting of certain 
 transmission facilities in the national interest.

 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 ``Streamlining Powerlines Essential to 
Electric Demand and Reliability Act of 2025'' or the ``SPEED and 
Reliability Act of 2025''.

SEC. 2. TRANSMISSION PERMITTING.

    (a) 

=== Definitions. ===
-

Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended by striking subsection

    (a) and inserting the 
following:
 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Commission.--The term `Commission' means the Federal 
 Energy Regulatory Commission.
 ``

    (2) ERO.--The term `ERO' has the meaning given such term 
 in 

section 215

    (a) .
 ``

    (3) Improved reliability.--The term `improved 
 reliability' means that, on balance, considering each of the 
 matters described in subparagraphs
        (A) through
            (D) , reliability 
 is improved in a material manner that benefits customers 
 through at least one of the following:
 ``
        (A) Facilitating compliance with a mandatory 
 standard for reliability approved by the Commission 
 under 

section 215.
 ``
        (B) A reduction in expected unserved energy, loss 
 of load hours, or loss of load probability (as defined 
 by the ERO).
 ``
            (C) Facilitating compliance with a tariff 
 requirement or process for resource adequacy on file 
 with the Commission.
 ``
            (D) Any other similar material improvement, 
 including a reduction in correlated outage risk, such 
 as achieved through increased geographic or resource 
 diversification.
 ``

    (4) Landowner input.--The term `landowner input' means 
 input received--
 ``
        (A) by the Commission;
 ``
        (B) from affected landowners, such as farmers and 
 ranchers, in the path of the proposed construction or 
 modification of an electric transmission facility; and
 ``
            (C) pursuant to notification provided to, and 
 consultation with, those affected landowners, farmers, 
 and ranchers by the Commission.
 ``

    (5) Secretary.--The term `Secretary' means the Secretary 
 of Energy.''.

    (b) Construction Permit.--

Section 216

    (b) of the Federal Power Act 
(16 U.S.C. 824p

    (b) ) is amended--

    (1) in the matter preceding paragraph

    (1) , by striking 
 ``Except'' and all that follows through ``finds that'' and 
 inserting ``Except as provided in subsections
            (d) (1) and
            (i) , 
 the Commission shall, after notice and an opportunity for 
 hearing, including a public comment period of at least 60 days, 
 issue one or more permits for the construction or modification 
 of electric transmission facilities necessary in the national 
 interest if the Commission finds that'';

    (2) in paragraph

    (1) --
        (A) in subparagraph
        (A)
            (i) , by inserting ``or 
 modification'' after ``siting''; and
        (B) in subparagraph
            (C) --
            (i) in the matter preceding clause
            (i) , by 
 inserting ``or modification'' after ``siting''; 
 and
            (ii) in clause
            (i) , by striking ``the later 
 of'' in the matter preceding subclause
            (I) and 
 all that follows through the semicolon at the 
 end of subclause
            (II) and inserting ``the date 
 on which the application was filed with the 
 State commission or other entity;''; and

    (3) by striking paragraphs

    (2) through

    (6) and inserting 
 the following:
 ``

    (2) the proposed facilities will be used for the 
 transmission of electric energy in interstate (including 
 transmission from the outer Continental Shelf to a State) or 
 foreign commerce;
 ``

    (3) the proposed construction or modification is 
 consistent with the public interest;
 ``

    (4) the proposed construction or modification will 
 significantly reduce transmission congestion in interstate 
 commerce, protect or benefit consumers, and provide improved 
 reliability;
 ``

    (5) the proposed construction or modification is 
 consistent with sound national energy policy and will enhance 
 energy independence;
 ``

    (6) the electric transmission facilities are capable of 
 transmitting electric energy at a voltage of not less than 100 
 kilovolts or, in the case of facilities that include advanced 
 transmission conductors (including superconductors), as defined 
 by the Commission, voltages determined to be appropriate by the 
 Commission; and
 ``

    (7) the proposed modification (including reconductoring) 
 will maximize, to the extent reasonable and economical, the 
 transmission capabilities of existing towers, structures, or 
 rights-of-way.''.
            (c) State Siting and Consultation.--

Section 216 of the Federal 
Power Act (16 U.S.C. 824p) is amended by striking subsection
            (d) and 
inserting the following:
 ``
            (d) State Siting and Consultation.--
 ``

    (1) Preservation of state siting authority.--The 
 Commission shall have no authority to issue a permit under 
 subsection

    (b) for the construction or modification of an 
 electric transmission facility within a State except as 
 provided in paragraph

    (1) of that subsection.
 ``

    (2) Consultation.--In any proceeding before the 
 Commission under subsection

    (b) , the Commission shall afford 
 each State in which a transmission facility covered by the 
 permit is or will be located, each affected Federal agency and 
 Indian Tribe, private property owners, and other interested 
 persons, a reasonable opportunity to present their views and 
 recommendations with respect to the need for and impact of a 
 facility covered by the permit.
 ``

    (3) Landowner input.--In authorizing the construction or 
 modification of an electric transmission facility under 
 subsection

    (b) , the Commission shall take into account 
 landowner input.''.
            (d) Rights-of-Way.--

Section 216

    (e)

    (3) of the Federal Power Act (16 
U.S.C. 824p

    (e)

    (3) ) is amended by striking ``shall conform'' and all 
that follows through the period at the end and inserting ``shall be in 
accordance with rule 71.1 of the Federal Rules of Civil Procedure.''.

    (e) Cost Allocation.--

    (1) In general.--

Section 216 of the Federal Power Act (16 
 U.S.C. 824p) is amended by striking subsection

    (f) and 
 inserting the following:
 ``

    (f) Cost Allocation.--
 ``

    (1) Transmission tariffs.--For the purposes of this 
 section, any transmitting utility that owns, controls, or 
 operates electric transmission facilities that the Commission 
 finds to be consistent with the findings under paragraphs

    (2) through

    (6) and, if applicable,

    (7) of subsection

    (b) shall 
 file a tariff or tariff revision with the Commission pursuant 
 to 

section 205 and the regulations of the Commission allocating 
 the costs of the new or modified transmission facilities.
 ``

    (2) Transmission benefits.--The Commission shall require 
 that tariffs or tariff revisions filed under this subsection 
 are just and reasonable and allocate the costs of providing 
 service to customers that benefit, in accordance with the cost-
 causation principle, including through--
 ``
        (A) improved reliability;
 ``
        (B) reduced congestion;
 ``
            (C) reduced power losses;
 ``
            (D) greater carrying capacity;
 ``
        (E) reduced operating reserve requirements; and
 ``
        (F) improved access to lower cost generation that 
 achieves reductions in the cost of delivered power.
 ``

    (3) Ratepayer protection.--Customers that receive no 
 benefit, or benefits that are trivial in relation to the costs 
 sought to be allocated, from electric transmission facilities 
 constructed or modified under this section shall not be 
 involuntarily allocated any of the costs of those transmission 
 facilities, provided, however, that nothing in this section 
 shall prevent a transmitting utility from recovering such costs 
 through voluntary agreement with its customers.''.

    (2) Savings provision.--If the Federal Energy Regulatory 
 Commission finds that the considerations under paragraphs

    (2) through

    (6) and, if applicable,

    (7) of subsection

    (b) of 
 

section 216 of the Federal Power Act (16 U.S.C. 824p) (as 
 amended by subsection

    (b) ) are met, nothing in this section or 
 the amendments made by this section shall be construed to 
 exclude transmission facilities located on the outer 
 Continental Shelf from being eligible for cost allocation 
 established under subsection

    (f)

    (1) of that section (as amended 
 by paragraph

    (1) ).

    (f) Coordination of Federal Authorizations for Transmission 
Facilities.--

Section 216

    (h) of the Federal Power Act (16 U.S.C. 
824p

    (h) ) is amended--

    (1) in paragraph

    (2) , by striking the period at the end and 
 inserting the following: ``, except that--
 ``
        (A) the Commission shall act as the lead agency 
 in the case of facilities permitted under subsection

    (b) ; and
 ``
        (B) the Department of the Interior shall act as 
 the lead agency in the case of facilities located on a 
 lease, easement, or right-of-way granted by the 
 Secretary of the Interior under 

section 8

    (p)

    (1)
            (C) of 
 the Outer Continental Shelf Lands Act (43 U.S.C. 
 1337

    (p)

    (1)
            (C) ).'';

    (2) in each of paragraphs

    (3) ,

    (4)
        (B) ,

    (4)
            (C) ,

    (5)
        (B) ,

    (6)
        (A) ,

    (7)
        (A) ,

    (7)
        (B)
            (i) ,

    (8)
        (A)
            (i) , and

    (9) , by striking 
 ``Secretary'' each place it appears and inserting ``lead 
 agency'';

    (3) in paragraph

    (4)
        (A) , by striking ``As head of the lead 
 agency, the Secretary'' and inserting ``The lead agency'';

    (4) in paragraph

    (5)
        (A) , by striking ``As lead agency head, 
 the Secretary'' and inserting ``The lead agency''; and

    (5) in paragraph

    (7) --
        (A) in subparagraph
        (A) , by striking ``18 months 
 after the date of enactment of this section'' and 
 inserting ``18 months after the date of enactment of 
 the SPEED and Reliability Act of 2025''; and
        (B) in subparagraph
        (B)
            (i) , by striking ``1 year 
 after the date of enactment of this section'' and 
 inserting ``18 months after the date of enactment of 
 the SPEED and Reliability Act of 2025''.

    (g) Interstate Compacts.--

Section 216
            (i) of the Federal Power Act 
(16 U.S.C. 824p
            (i) ) is amended--

    (1) in paragraph

    (3) , by striking ``, including facilities 
 in national interest electric transmission corridors''; and

    (2) in paragraph

    (4) --
        (A) in subparagraph
        (A) , by striking ``; and'' and 
 inserting a period;
        (B) by striking subparagraph
        (B) ; and
            (C) by striking ``in disagreement'' in the matter 
 preceding subparagraph
        (A) and all that follows through 
 ``
        (A) the'' in subparagraph
        (A) and inserting ``unable 
 to reach an agreement on an application seeking 
 approval by the''.

    (h) Transmission Infrastructure Investment.--

Section 219

    (b)

    (4) of 
the Federal Power Act (16 U.S.C. 824s

    (b)

    (4) ) is amended--

    (1) in subparagraph
        (A) , by striking ``and'' after the 
 semicolon at the end;

    (2) in subparagraph
        (B) , by striking the period at the end 
 and inserting ``; and''; and

    (3) by adding at the end the following:
 ``
            (C) all prudently incurred costs associated with 
 payments to jurisdictions impacted by electric 
 transmission facilities developed pursuant to 

section 216.''.
            (i) Jurisdiction.--

Section 216 of the Federal Power Act (16 U.S.C. 
824p) is amended by striking subsection

    (k) and inserting the 
following:
 ``

    (k) Jurisdiction.--
 ``

    (1) Ercot.--This section shall not apply within the area 
 referred to in 

section 212

    (k)

    (2)
        (A) .
 ``

    (2) Other utilities.--
 ``
        (A) In general.--For the purposes of this 
 section, the Commission shall have jurisdiction over 
 all transmitting utilities, including transmitting 
 utilities described in 

section 201

    (f) , but excluding 
 any ERCOT utility (as defined in 

section 212

    (k)

    (2)
        (B) ).
 ``
        (B) Clarification.--Being subject to Commission 
 jurisdiction for the purposes of this section shall not 
 make an entity described in 

section 201

    (f) a public 
 utility for the purposes of 

section 201

    (e) .''.

    (j) Conforming Amendments.--

    (1) Section 50151

    (b) of Public Law 117-169 (42 U.S.C. 
 18715

    (b) ) is amended by striking ``designated by the Secretary 
 to be necessary in the national interest under 

section 216

    (a) of the Federal Power Act (16 U.S.C. 824p

    (a) )''.

    (2) Section 1222 of the Energy Policy Act of 2005 (42 
 U.S.C. 16421) is amended--
        (A) in subsection

    (a)

    (1)
        (A) , by striking ``is 
 located in a national interest electric transmission 
 corridor designated under 

section 216

    (a) of the Federal 
 Power Act and''; and
        (B) in subsection

    (b)

    (1)
        (A) , by striking ``is 
 located in an area designated under 

section 216

    (a) of 
 the Federal Power Act and''.

    (3) Section 40106

    (h)

    (1)
        (A) of the Infrastructure Investment 
 and Jobs Act (42 U.S.C. 18713

    (h)

    (1)
        (A) ) is amended by striking 
 ``
        (A) is located in'' and all that follows through ``
        (B) is 
 necessary'' in subparagraph
        (B) and inserting ``is necessary''.

    (k) Minimizing Regulatory Burden.--Except as explicitly provided, 
no new rule or rule making (as such terms are defined in 

section 551 of 
title 5, United States Code) shall be required of any agency in order 
to implement this section or any amendment made by this section.
            (l) Savings Provision.--Nothing in this section or an amendment 
made by this section grants authority to the Federal Energy Regulatory 
Commission under the Federal Power Act (16 U.S.C. 791a et seq.) over 
sales of electric energy at retail or the local distribution of 
electricity.
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