Promoting Cross-border Energy Infrastructure

Summary#

This bill sets new rules for building and running facilities that cross the United States border to move oil, natural gas, or electricity. It creates a "certificate of crossing" that owners must get before constructing, connecting, operating, or maintaining those border-crossing parts. The Federal Energy Regulatory Commission (FERC) handles certificates for oil and natural gas pipelines. The Secretary of Energy handles certificates for electric transmission. For electricity, the bill requires compliance with electric reliability organizations and any Regional Transmission Organization or Independent System Operator that controls the facility.

The bill requires the relevant agency to issue a certificate within 120 days after the final National Environmental Policy Act (NEPA) action, unless the agency finds the project is not in the public interest. The bill does not apply to facilities already operating, facilities with an existing Presidential permit, or to certain pending permit applications for up to two years. It also says no Presidential permit will be required for these facilities and generally prevents the President from revoking existing Presidential permits except by an Act of Congress.

The bill also changes other laws: it directs FERC to act on applications to import or export natural gas to Canada or Mexico within 30 days of a complete application, and it repeals a Federal Power Act provision that required a Commission order for some cross-border electricity transactions. The bill takes effect one year after enactment and requires agencies to start rulemakings within 180 days and finish final rules within 1 year.

What it means for you#

• If you plan to build or operate a border-crossing segment of an oil or natural gas pipeline, you must get a certificate from FERC unless your project is already covered by an existing permit or is operating now.
• If you plan to build or operate a border-crossing electric transmission line, you must get a certificate from the Secretary of Energy and meet reliability and RTO/ISO standards.
• Existing border facilities and certain modifications to them are excluded from the new certificate requirement.
• Presidential permits will no longer be required for these cross-border oil, gas, or electric facilities, and existing Presidential permits cannot be revoked by the President except through Congress.
• Companies applying to import or export natural gas with Canada or Mexico should receive FERC approval within 30 days after a complete application is filed.

Expenses#

No publicly available information on the bill’s costs, savings, or budgetary effects is included in the provided bill text or metadata.

Proponents' View#

The bill’s text and headings state goals of creating a more uniform, transparent, and modern process for authorizing cross-border energy infrastructure and of strengthening North American energy security. It replaces Presidential permit requirements with a statutory certificate process and adds deadlines for agency action.

Opponents' View#

No publicly available information on opponents’ views or formal objections is included in the provided bill text or metadata.