Overview

Title

To speed up the deployment of electricity transmission and clean energy, with proper input from affected communities, and for other purposes.

ELI5 AI

The Clean Electricity and Transmission Acceleration Act of 2023 is like a big plan to make it faster and easier to use more clean energy, like wind and solar power, by building new power lines and listening to what people in the community think. It also wants to make sure this doesn’t hurt the environment and gives money to help make these changes happen smoothly while making sure everyone is treated fairly.

Summary AI

The Clean Electricity and Transmission Acceleration Act of 2023 aims to speed up the deployment of electricity transmission and clean energy projects with input from affected communities, modernizing electricity transmission and addressing environmental justice concerns. It sets goals for increased renewable energy production on federal lands and the Outer Continental Shelf, establishes an investment tax credit for transmission projects, and seeks to improve the governance and efficiency of the grid. The bill also establishes new standards and requirements for environmental reviews and community engagement, focusing on reducing the adverse impacts of federal projects on environmental justice communities.

Published

2023-12-13
Congress: 118
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2023-12-13
Package ID: BILLS-118hr6747ih

Bill Statistics

Size

Sections:
66
Words:
41,436
Pages:
210
Sentences:
696

Language

Nouns: 12,073
Verbs: 3,009
Adjectives: 2,689
Adverbs: 269
Numbers: 1,425
Entities: 1,760

Complexity

Average Token Length:
4.42
Average Sentence Length:
59.53
Token Entropy:
5.83
Readability (ARI):
32.51

AnalysisAI

The "Clean Electricity and Transmission Acceleration Act of 2023" is an extensive legislative proposal introduced in the United States Congress. This bill focuses on advancing the deployment of electricity transmission and clean energy, with a strong emphasis on input from affected communities. It seeks to improve national electricity transmission capacity, modernize electricity rate-making, facilitate clean energy deployment, empower communities, and streamline offshore renewable energy permitting processes.

General Summary of the Bill

This legislative act is aimed at accelerating the growth and deployment of clean electrical systems across the country. It introduces measures for planning, cost allocation, and financing of electricity transmission facilities and clean energy projects. Among its several goals, the bill pushes for the establishment of national targets for renewable energy production on federal lands and the development of offshore renewable energy. Various definitions and standards are set within the bill to facilitate its implementation. Furthermore, it addresses environmental justice, providing specific roles and offices within the Environmental Protection Agency (EPA) to ensure fair treatment of communities affected by energy projects.

Summary of Significant Issues

The bill raises several issues, notably the broadness of definitions within the bill, such as "energy storage project" and "grid enhancing asset," which can lead to ambiguity and potentially uneven or wasteful allocation of resources. The Federal Energy Regulatory Commission (FERC) is given increased authority over transmission siting, potentially undermining state control, which could become a contentious issue. Additionally, there are concerns regarding the calculation and integration of greenhouse gas emissions costs into electricity rates, as the bill lacks clarity on the methodology for such calculations, which could lead to inconsistent implementations. There is also some vagueness in the provisions for offshore renewable energy projects that could be seen as favoritism or unfair advantages.

Impact on the Public

The bill, if enacted, aims to modernize the United States' electricity grid, potentially leading to more reliable and sustainable energy sources available to the public. This could result in lower utility costs in the long term and contribute positively to the environment by reducing carbon emissions. On the flip side, the increased focus on renewable energy production and transmission infrastructure could initially result in higher implementation costs, potentially affecting electricity rates until savings through efficiencies are realized.

Impact on Specific Stakeholders

For state governments, the bill's provisions giving FERC greater authority over transmission siting might lead to reduced state control over energy projects within their boundaries. Utility companies and new market participants may face new regulatory landscapes, with potential cost burdens due to requirements for incorporating greenhouse gas emission costs into their rates and adhering to performance standards.

Communities directly affected by new energy projects could see increased engagement opportunities, leading to decisions that more accurately reflect community needs and perspectives. Moreover, the emphasis on environmental justice could bring long-needed changes in how projects consider and address the disproportionate impacts on low-income, minority, and tribal communities.

The legislative framework for funding and incentives could disproportionately favor larger companies and organizations capable of navigating complex regulatory environments, potentially leaving smaller entities at a disadvantage unless support systems are put in place.

In summary, while the bill presents a forward-looking approach to electricity and clean energy deployment, there are significant challenges and areas requiring clarification that must be addressed to ensure equitable benefits and mitigate potential drawbacks for stakeholders across the board.

Financial Assessment

The Clean Electricity and Transmission Acceleration Act of 2023 introduces several financial commitments and appropriations to support and expedite the deployment of electricity transmission and clean energy initiatives. Analyzing these financial provisions reveals key aspects of how the bill seeks to fund and advance its objectives.

Financial Allocations and Appropriations

The bill outlines several appropriations and financial commitments, underscoring the federal initiative to bolster electricity transmission and clean energy projects:

  1. Grid Enhancements and Energy Infrastructure:
  2. Section 209 authorizes a substantial appropriation of $2,100,000,000 to the Secretary of Energy. These funds aim to expand domestic manufacturing of critical components like transformers and grid elements necessary for electricity infrastructure.

  3. Support for Renewable Energy Projects:

  4. Section 502 includes an authorization of $25,000,000 for each fiscal year from 2024 through 2028. This funding is directed toward enhancing the capacity of states, Indian Tribes, and nonprofit associations in offshore renewable energy project development.

  5. Community Engagement and Capacity Building:

  6. Section 613 provides an authorization of $500,000,000 annually from 2024 to 2029 for the Environmental Protection Agency. This sum supports various activities, including enhancing community engagement and facilitating renewable energy development.

  7. Research and Development:

  8. Section 205 secures $5,000,000 for grants supporting the development of standards for electric grid interoperability, facilitating offshore transmission networks and collaboration among manufacturers and stakeholders.
  9. Section 208 authorizes $20,000,000 annually from 2024 through 2027 to streamline local permitting processes for energy systems, highlighting the focus on improving efficiency and coordination in renewable energy deployment.

  10. Interagency Environmental Data System:

  11. Section 615 authorizes funding of $20,000,000 annually from 2023 through 2028 for the development of interagency environmental data systems, ensuring data transparency and support for decision-making in environmental reviews.

Relation to Identified Issues

These financial provisions intersect with several issues identified in the bill analysis:

  • Deployment of Grid Enhancements: While funds are allocated for expanding infrastructure, the ambiguity in defining "grid enhancing assets" (Section 105) could affect how effectively these funds are utilized. Without clear definitions, financial allocations might lead to inefficiencies and disputes over deployment priorities.

  • Oversight and Qualifications of Monitors: The establishment of independent transmission monitors in Section 204 lacks specific qualifications or oversight mechanisms. The transparency and effective oversight of significant financial allocations could thus be undermined, risking inefficiencies or misallocation.

  • Community Engagement Obligations: The financial burdens associated with community benefits agreements in Section 611, alongside the substantial funds allocated for community engagement and environmental justice efforts, could lead to uncertainty. Project sponsors might face financial and operational challenges, particularly without explicit guidelines on fund usage and management.

  • Job Creation and Direct Hire Authority: The direct hire authority provision in Section 202 warrants attention, especially in relation to the financial allocations. While it aims to expedite staffing and support the rapid deployment of these projects, bypassing competitive hiring processes could raise transparency and accountability concerns regarding the allocation and efficient use of funds.

The financial aspects of the Clean Electricity and Transmission Acceleration Act of 2023 reflect a significant federal investment in renewable energy infrastructure and community engagement. However, the financial implications are closely tied to the bill's operational and oversight provisions, which require careful implementation to ensure that funds are used effectively and equitably.

Issues

  • The definition of 'energy storage project' and 'grid enhancing asset' in Section 101 is broad and could lead to ambiguities about which technologies are eligible for support, potentially resulting in uneven or wasteful allocation of resources.

  • The increased authority granted to FERC in Section 107 for transmission siting might undermine state jurisdiction, which may spark political debate on states' rights.

  • The lack of clear guidelines in Section 301 on how the cost of greenhouse gas emissions should be calculated for reflecting in rates could lead to inconsistent application and significant contention among stakeholders.

  • Section 105's ambiguous definition of 'grid enhancing assets' could lead to confusion and disputes over what qualifies, impacting the deployment of technology and financial allocations.

  • In Section 106, the unspecified costs involved with implementing interregional transfer capability requirements could obscure potential financial impacts on different stakeholders, raising concerns about transparency and accountability.

  • Section 502's vague language on non-monetary factors and conditions under which waivers can be granted for offshore renewable energy projects might foster perceptions of favoritism or unfair advantages.

  • Section 204 establishes independent transmission monitors without specifying qualifications or oversight mechanisms, raising potential concerns about transparency and the effective oversight of transmission planning and operations.

  • Section 403's requirement for extensive public involvement in land use planning and environmental impact statement updates might lead to administrative delays and increased costs, impacting the timeliness and efficiency of new renewable energy projects.

  • The establishment of a community benefits agreement in Section 611 could impose additional burdens on project sponsors without clear guidelines on fund use, potentially leading to financial and operational uncertainties.

  • The provision for direct hire authority in Section 202 could bypass standard competitive service processes, raising potential concerns about transparency and merit-based hiring within the FERC.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

This Act, called the "Clean Electricity and Transmission Acceleration Act of 2023", aims to improve national electricity transmission capacity, enhance grid governance and efficiency, modernize electricity rate-making, facilitate clean energy deployment on public land, modernize offshore renewable energy permitting, and empower communities through various measures such as establishing new offices, goals, and funds, while addressing issues like environmental justice and community engagement.

101. Definitions Read Opens in new tab

Summary AI

The text amends the Federal Power Act by adding definitions for terms like "energy storage project," "generating facility," "greenhouse gas," and others related to electrical transmission and storage. These definitions help clarify the types of equipment, gases, and technologies involved in energy generation, storage, transmission, and the benefits of improving transmission systems.

102. Improvement of interregional electric transmission planning Read Opens in new tab

Summary AI

The bill section mandates that the Commission develop regulations for Transmission Organizations to create plans every three years that identify efficient and beneficial interregional electric transmission projects. These plans must consider various factors such as technology trends, market integrity, consumer protection, and environmental benefits, and aim to eliminate arbitrary project requirements. The Commission will approve these plans and publish annual reports on their progress.

224. Improving interregional electric transmission planning Read Opens in new tab

Summary AI

The section requires the Commission to create rules for Transmission Organizations to develop and submit plans every three years for interregional electric transmission projects that are efficient and beneficial. These plans must consider several factors, such as laws, technology trends, and public interest, and the Commission will review and report on the progress of these plans annually, considering environmental benefits as needed.

103. Allocation of costs of interregional electric transmission facilities Read Opens in new tab

Summary AI

The new section added to the Federal Power Act allows utilities that manage important electric transmission facilities to submit a plan for sharing the costs of these facilities. This cost-sharing should reflect benefits to local areas and applies to large, new, or upgraded interstate transmission lines, including those built offshore, constructed after this section's enactment.

225. Allocation of costs of transmission facilities of national significance Read Opens in new tab

Summary AI

This section outlines how the costs for building and operating certain important transmission facilities, like big power lines, should be shared. It explains that the costs should be divided among the customers who will benefit from these facilities, and describes what kinds of transmission lines are considered significant, including large new lines, offshore lines, and major upgrades to existing lines.

104. Allocation of costs of electricity interconnection and network upgrades Read Opens in new tab

Summary AI

The section outlines new regulations by the Federal Power Commission on how the costs for electricity network upgrades should be divided. It states that utilities cannot unfairly charge one customer for these upgrades, and must spread the cost based on the expected benefits for all users. There are exceptions where customers might pay more if they solely benefit from the upgrade, need specific generator tie lines, or choose to cover costs upfront with a possibility of refund within ten years.

226. Allocation of costs of electricity interconnection and network upgrades Read Opens in new tab

Summary AI

The section requires that within 18 months, the Commission must create rules to ensure that the costs of network upgrades for electricity transmission are fairly shared, rather than being mostly or entirely paid by individual customers requesting interconnection. However, there are exceptions where a customer may be responsible for certain costs, such as constructing needed generator tie lines, voluntarily paying some costs upfront with a refund option, or covering costs when the upgrades benefit only them.

105. Deployment of grid enhancing assets Read Opens in new tab

Summary AI

The section requires the Commission to set rules for using "grid enhancing assets," like technologies to improve power transmission systems, within 18 months of the law's start. It also outlines processes for consulting, studying, and deciding on these assets' deployment and allows interconnection customers to appeal decisions if a utility chooses not to deploy them.

227. Grid enhancing assets Read Opens in new tab

Summary AI

The section requires that within 18 months of the Clean Electricity and Transmission Acceleration Act of 2023 being enacted, the Commission must create rules for the deployment of grid enhancing assets. These assets are intended to improve the use of existing transmission facilities and provide environmental and community benefits. The rules will involve consultation, a study on their effectiveness, and a process for appealing decisions against deploying these assets. Furthermore, the costs of these assets should be fairly shared among those who benefit from the transmission improvements.

106. Protection of electricity reliability through improved interregional transfer capability Read Opens in new tab

Summary AI

The section mandates that the Federal Energy Regulatory Commission create rules to ensure there is enough capacity for transferring electricity between regions. Each region should be able to transfer at least 30% of its peak electricity demand to neighboring regions, or 15% if it only borders one other region, unless it's proven that a lower capacity would still be beneficial.

228. Protecting electricity reliability by improving interregional transfer capability Read Opens in new tab

Summary AI

The proposed legislation mandates that within 24 months of the enactment of the Clean Electricity and Transmission Acceleration Act of 2023, regulations must be created to ensure a minimum level of electricity transfer capability between different transmission planning regions. These regulations require that regions share at least 30% of their peak electricity demand with neighboring regions, or 15% if they only have one neighbor, unless a lower capability is proven to be equally beneficial.

107. Increased FERC transmission siting authority Read Opens in new tab

Summary AI

The section expands the Federal Energy Regulatory Commission's (FERC) authority to approve the building, changing, or operation of large electric transmission facilities that cross state lines. It sets guidelines for application processes, public consultations, and emphasizes minimizing the use of eminent domain while prioritizing renewable energy and system reliability.

Money References

  • — “(A) MINIMUM JURISDICTIONAL AMOUNT.—A district court of the United States shall only have jurisdiction of an action or proceeding to exercise the right of eminent domain under subsection (f) if the amount claimed by the owner of the property to be condemned exceeds $3,000.
  • “(B) CIVIL PENALTIES.—A material misrepresentation made by an applicant for, or holder of, a certificate of public convenience and necessity, or on behalf of such an applicant or holder, to an affected landowner concerning the electric transmission facility to be constructed, modified, or operated under the certificate, shall be considered to be a violation of this part for purposes of section 316A and such applicant or holder shall be assessed a civil penalty by the Commission in accordance with such section 316A, except the amount of such civil penalty may not exceed $10,000 per affected landowner to whom the misrepresentation was made.

229. Siting of certain interstate electric transmission facilities Read Opens in new tab

Summary AI

The text outlines the process for obtaining a certificate of public convenience and necessity for building or modifying interstate electric transmission facilities. It details the requirements for applications, rulemaking, public hearings, landowner notices, and aspects of eminent domain, as well as procedures for judicial review and defines relevant terms and rights, ensuring these projects meet certain standards and considerations in their development.

Money References

  • — (A) MINIMUM JURISDICTIONAL AMOUNT.—A district court of the United States shall only have jurisdiction of an action or proceeding to exercise the right of eminent domain under subsection (f) if the amount claimed by the owner of the property to be condemned exceeds $3,000.
  • (ii) JURISDICTION.—The district courts of the United States shall have jurisdiction over any action arising under clause (i). (B) CIVIL PENALTIES.—A material misrepresentation made by an applicant for, or holder of, a certificate of public convenience and necessity, or on behalf of such an applicant or holder, to an affected landowner concerning the electric transmission facility to be constructed, modified, or operated under the certificate, shall be considered to be a violation of this part for purposes of section 316A and such applicant or holder shall be assessed a civil penalty by the Commission in accordance with such section 316A, except the amount of such civil penalty may not exceed $10,000 per affected landowner to whom the misrepresentation was made. (j) Definitions.—In this section: (1) AFFECTED LANDOWNER.

108. Facilitation of efficient environmental review of the designation of national interest electric transmission corridors Read Opens in new tab

Summary AI

The section amends the Federal Power Act to streamline environmental reviews for designating national interest electric transmission corridors, aiming to avoid duplicate efforts. The Secretary might skip preparing an environmental document if it's deemed unnecessary, but if one is prepared, the findings will be used by other agencies for further reviews and constructions within those corridors. Additionally, it updates the definitions related to environmental documents and federal authorizations.

109. Increased flexibility for Federal transmission financing Read Opens in new tab

Summary AI

The section of the bill modifies existing laws to give the Secretary more flexibility in financing federal transmission projects by changing the criteria from being located in designated national interest areas to simply being in the national interest.

110. Establishment of transmission investment tax credit Read Opens in new tab

Summary AI

The section establishes a tax credit for investments in electric power transmission lines that meet specific criteria, including improvements on resilience and efficiency. It outlines requirements for qualifying properties, sets a higher tax credit for properties meeting certain wage and apprenticeship standards, and specifies that the credit applies to properties placed in service after December 31, 2023, and before the start of 2034.

48F. Qualifying electric power transmission line credit Read Opens in new tab

Summary AI

The section provides a 6% tax credit for investments in certain electric power transmission lines, including new or modified lines and related properties, aimed at enhancing grid capacity and resilience. Qualifying projects that meet specific labor standards receive an increased credit amount, and the incentive is available for construction started before the end of 2033.

201. Authorization to establish FERC Office of Electricity Transmission Read Opens in new tab

Summary AI

The Federal Power Act is being amended to allow the establishment of the Office of Electricity Transmission, which will coordinate electric energy transmission matters and manage specific responsibilities related to electricity as per the law.

318. Office of Electricity Transmission Read Opens in new tab

Summary AI

The section allows the Commission to establish an Office of Transmission to manage electric energy transmission issues and work alongside the Office of Energy Projects to fulfill its duties under specific sections of legislation.

202. Support for FERC Staffing Read Opens in new tab

Summary AI

The proposed changes to the Department of Energy Organization Act aim to improve the Federal Energy Regulatory Commission's (FERC) hiring process by allowing direct appointment for highly qualified individuals when there is a severe shortage of candidates. It also involves creating an implementation plan for staffing needs and removing the expiration of certain reporting requirements related to energy staffing.

203. Evaluation of FERC fee assessments Read Opens in new tab

Summary AI

The bill amends Section 3401 of the Omnibus Budget Reconciliation Act of 1986 to require the Federal Energy Regulatory Commission (FERC) to review its fee assessments at least once every five years. This review is meant to ensure that the fees and charges are adequate for FERC to efficiently manage its workload.

204. Establishment of independent transmission monitors Read Opens in new tab

Summary AI

The section requires the Federal Energy Regulatory Commission to either mandate or establish independent entities to monitor how electricity transmission facilities are planned and operated. These entities will analyze and review transmission processes, costs, and examine if rates are fair, while also collaborating with state authorities and providing relevant data to stakeholders.

205. Assurance of interoperability of offshore electric transmission infrastructure Read Opens in new tab

Summary AI

The section mandates the Secretary of Energy to conduct a study on making offshore electric transmission systems work well together and to devise a program to create and promote standards for their compatibility. The goals include improving cooperation among manufacturers, reducing project delays, and enhancing grid security, with an allotted budget of $5 million for implementation.

Money References

  • , the Secretary may provide grants to— (A) engage equipment manufacturers and industry stakeholders in collaborative platforms, including workshops and forums; (B) identify current challenges and propose solutions to improve interoperability of electric grid components, systems, and technologies; and (C) develop a set of voluntary industry standards to maximize interoperability of electric grid components, systems, and technologies that meet the goals described in paragraph (2). (c) Authorization of appropriations.—There are authorized to be appropriated to the Secretary of Energy to carry out this section $5,000,000, to remain available until expended.

206. Aggregator bidding into organized wholesale electric markets Read Opens in new tab

Summary AI

The section mandates that any Transmission Organization must allow bids from retail customer aggregators into organized wholesale electric markets, regardless of state restrictions, if those aggregators pool demand from utilities distributing over 4 million megawatt-hours a year. Additionally, the Federal Energy Regulatory Commission is required to establish a related rule within a year.

207. Expansion of community solar Read Opens in new tab

Summary AI

The section outlines the creation of a program to boost participation in community solar, especially for those lacking access to onsite solar, like low and moderate-income individuals, businesses, and governments. It requires electric utilities to offer community solar programs, defines key terms, and adjusts federal policies to support the integration and expansion of these programs.

208. Establishment of program to facilitate voluntary streamlined process for local permitting of qualifying distributed energy systems Read Opens in new tab

Summary AI

The section outlines a program that the Secretary of Energy will establish to make local permitting for distributed energy systems, like solar panels or wind turbines on residential buildings, simpler and faster. This includes creating an online platform for permit processing, providing training and financial assistance, and possibly awarding prizes to encourage local authorities to adopt these streamlined processes.

Money References

  • (f) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $20,000,000 for each of fiscal years 2024 through 2027.

209. Mitigation of the shortage of electricity transformers Read Opens in new tab

Summary AI

Congress has authorized $2.1 billion to help the President, through the Secretary of Energy, use special powers to boost the production of electricity transformers and related components in the U.S., like certain types of steel and equipment that help connect and manage electricity from different sources.

Money References

  • There is authorized to be appropriated $2,100,000,000 for the President, acting through the Secretary of Energy, under the authority of title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.), to expand domestic manufacturing of transformers and grid components, including amorphous steel, grain-oriented electrical steel, flexible transformers, circuit breakers, switchgear and substations to serve load and interconnect generation, and inverters and optimizers to integrate the influx of distributed generators.

210. Study of next generation highways Read Opens in new tab

Summary AI

The section requires the Administrator of the Federal Highway Administration to study and report on the best ways to place high-voltage power lines along highways. The report should include suggestions to ensure safety, help with highway and power line maintenance, plan better for electricity needs on roads, and combine transmission planning with transportation planning.

301. Reflection of the cost of greenhouse gas emissions in rates Read Opens in new tab

Summary AI

The section mandates that, within 18 months of the enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Commission must establish rules requiring public utilities to include the cost of greenhouse gas emissions in their rates and charges for electricity. To determine these costs, the Commission, alongside the EPA, can use federal standards like the social cost of carbon and must consider a discount rate acknowledging the permanence of climate change.

230. Reflection of the cost of greenhouse gas emissions in rates and charges Read Opens in new tab

Summary AI

The section mandates that within 18 months of the enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Commission must create rules requiring utility companies to include the cost of greenhouse gas emissions in their electricity rates. Additionally, within 180 days, the Commission should determine these costs with guidance from federal and state standards and must ensure that no electricity rates are considered fair unless they reflect these emission costs.

302. Facilitation of performance-based ratemaking Read Opens in new tab

Summary AI

Section 302 of the bill amends the Federal Power Act to include the Clean Electricity and Transmission Act of 2023, enhancing its focus on reliability, resilience, and reducing greenhouse gas emissions associated with delivered power. It also specifies changes to the requirements and rules related to the promotion of reliable and resilient electricity transmission and clarifies the timing of when entities join a Transmission Organization.

401. Definitions Read Opens in new tab

Summary AI

This section defines key terms related to the management and development of energy projects on federal lands, such as "covered land," "energy storage project," "priority area," and "renewable energy project." It outlines which lands are eligible for energy development, describes various types of energy projects, and clarifies the roles of federal entities in managing these lands.

402. Establishment of national goal for renewable energy production on Federal land Read Opens in new tab

Summary AI

The section requires the Secretary, together with other officials, to set new national goals for generating renewable energy on federal lands by January 1, 2024. It also mandates that by December 31, 2030, permits should be issued for the production of at least 60 gigawatts of electricity from wind, solar, and geothermal sources on these lands.

403. Requirement for land use planning and updates to programmatic environmental impact statements Read Opens in new tab

Summary AI

The section requires the Secretary, with consultation from the Secretary of Energy, to designate priority areas on federal land for solar and wind energy projects, aiming to promote efficient development while minimizing environmental impacts. It also mandates regular updates to environmental impact assessments for renewable energy projects and calls for coordination with state, tribal, and local entities to ensure these areas are practical and eco-friendly.

404. Limited exemptions from new requirements Read Opens in new tab

Summary AI

Owners of projects who applied for rights-of-way before December 19, 2016, are required to pay rents and fees according to the rates set before a specific Bureau of Land Management rule took effect unless they come to a different agreement with the project owner. The term "project" refers to a particular type of system as defined in U.S. regulations.

405. Distribution of revenues Read Opens in new tab

Summary AI

The section outlines how revenues from wind or solar projects on federal land will be distributed. Starting in 2024, these revenues are divided into four equal parts: 25% goes to the state where the project is located, 25% to the counties of the project location, 25% to expedite renewable energy permits, and 25% to the Renewable Energy Resource Conservation Fund. The fund supports activities such as habitat restoration and improving public access to federal lands. Some exceptions apply, and interest on the fund is reinvested to support these purposes.

406. Incentives for renewable energy development in priority areas Read Opens in new tab

Summary AI

The section allows the Secretary to create rules that offer incentives to owners of wind and solar energy projects located in areas prioritized under a previously mentioned section of the bill.

407. Savings clause Read Opens in new tab

Summary AI

The Secretary is required to manage public lands by balancing different uses, like resource extraction and conservation, in line with existing laws. This includes considering energy projects and environmental needs when planning land uses and permits.

501. Establishment of national offshore wind permitting target Read Opens in new tab

Summary AI

The Secretary of the Interior, along with the Secretary of Energy and other relevant agencies, will set and update national targets for generating wind energy from offshore locations. They aim to approve permits to produce at least 30 gigawatts of electricity by 2030 and 50 gigawatts by 2035 from offshore wind projects.

502. Increased responsible development of offshore renewable energy projects Read Opens in new tab

Summary AI

The text outlines amendments to the Outer Continental Shelf Lands Act to facilitate the development of offshore renewable energy projects. It includes definitions, requirements for environmental protection and stakeholder consultation, provisions for project labor agreements, mandates for using domestic materials, and specifies that the Secretary of the Interior will oversee these projects, with a focus on transparency and sustainability. Additionally, it authorizes funding for community engagement and makes certain actions subject to judicial review in specific circuits.

Money References

  • “(B) PURPOSES.—Grants awarded under subparagraph (A) shall be used by entities to— “(i) enable States, Indian Tribes, affected ocean users, and nonprofit associations that represent affected ocean users to compile data, conduct analyses, educate stakeholders, and complete other activities relating to offshore renewable energy project development; “(ii) engage in planning activities and in the development of offshore wind projects for the purposes of— “(I) determining potential economic, social, public health, and environmental benefits and impacts; and “(II) identifying opportunities to mitigate such impacts; “(iii) facilitate siting of offshore renewable energy projects and associated electric transmission infrastructure; and “(iv) hire and train personnel, and other activities designed to increase the capacity of States, Indian Tribes, and nonprofit associations, as applicable, to carry out activities described in clauses (i) through (iii). “(C) PRIORITIZATION.—When awarding grants under subparagraph (A), the Secretary shall prioritize awarding grants that will be used to build organizational capacity and enhance community engagement opportunities of Indian Tribes. “(D) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out this paragraph $25,000,000 for each of fiscal years 2024 through 2028.”.

503. Establishment of Offshore Renewable Energy Compensation Fund Read Opens in new tab

Summary AI

The text describes the establishment of the Offshore Renewable Energy Compensation Fund, which is used to compensate communities and organizations negatively affected by offshore renewable energy projects. This fund, managed by the U.S. Treasury, provides payments for verified claims of lost income or damaged gear and grants for mitigation activities, ensuring a fair and transparent process overseen by an advisory group and reviewed annually.

Money References

  • “(2) AMOUNT.—No holder of an offshore renewable energy lease shall be required to pay an amount under paragraph (1) in excess of $3 per acre of the leased land described in paragraph (1).

34. Offshore Renewable Energy Compensation Fund Read Opens in new tab

Summary AI

The section establishes the Offshore Renewable Energy Compensation Fund, managed by the Secretary or a contracted third party, to compensate and provide grants to entities affected by offshore renewable energy projects. It includes guidelines for the Fund's management, claim processing, mitigation grants, and sets up an advisory group to provide recommendations, while authorizing the Secretary to collect additional funds if necessary, and ensuring oversight through an annual report to Congress.

Money References

  • (2) AMOUNT.—No holder of an offshore renewable energy lease shall be required to pay an amount under paragraph (1) in excess of $3 per acre of the leased land described in paragraph (1).

601. Establishment of Office of Environmental Justice and External Civil Rights Read Opens in new tab

Summary AI

The section establishes an Office of Environmental Justice and External Civil Rights within the Environmental Protection Agency (EPA) to address the needs of communities facing environmental justice issues and enforce civil rights laws related to EPA's financial assistance programs. It outlines the duties of this Office, such as providing leadership, coordinating programs, offering resources and technical assistance, engaging with affected communities, and supporting community-led environmental justice initiatives.

602. Establishment of White House Environmental Justice Interagency Council Read Opens in new tab

Summary AI

The White House Environmental Justice Interagency Council is a group within the Executive Office of the President that aims to improve coordination among federal agencies to address environmental justice, focusing on communities of color, low-income, and Tribal and Indigenous communities. The Council will develop strategies, offer guidance, publish performance scorecards, and coordinate federal programs to ensure these communities have a voice in environmental decision-making and can access resources to tackle environmental issues.

603. Prohibition on disparate impact discrimination Read Opens in new tab

Summary AI

The text amends the Civil Rights Act of 1964 to clarify that programs, policies, practices, or activities that result in a disparate impact based on race, color, or national origin may be considered discriminatory if they are not necessary for achieving their goals or if less discriminatory alternatives exist. It also protects individuals from retaliation or intimidation for opposing discriminatory practices or participating in related proceedings.

604. Provision for right of action Read Opens in new tab

Summary AI

The section amends the Civil Rights Act of 1964 to allow anyone who believes they have been harmed by a violation of the Act to file a lawsuit in a U.S. district court. This change takes effect immediately upon the enactment of the Act and applies to any ongoing or future cases.

605. Provision for rights of recovery Read Opens in new tab

Summary AI

This section of the Civil Rights Act of 1964 allows individuals who have faced intentional discrimination to seek compensation and legal fees, but not punitive damages against government entities. It also explains that if discrimination was based on practices that unintentionally affect certain racial or ethnic groups, people can only recover attorney fees and costs.

602A. Actions brought by aggrieved persons Read Opens in new tab

Summary AI

In this section, an aggrieved person — someone who has experienced racial, color, or national origin discrimination — can file a lawsuit against an entity that discriminates intentionally or through practices that disproportionately affect certain groups. They may seek different types of damages, including attorney fees and court costs, but punitive damages are not available when suing governmental entities.

606. Requirement for community impact reports Read Opens in new tab

Summary AI

The section requires that before taking any federal action, a lead agency must create a community impact report to evaluate potential negative environmental and health effects on communities that already experience significant environmental injustice. This report must be publicly accessible and should include assessments of pollution exposure, alternatives to reduce harm, and impacts on public resources, among other factors. The agency's findings are subject to judicial review, ensuring accountability.

607. Engagement with environmental justice communities and Indian Tribes in NEPA Reviews Read Opens in new tab

Summary AI

The section outlines requirements under the National Environmental Policy Act (NEPA) to ensure meaningful engagement with environmental justice communities and Indian Tribes in the review process of federal actions. It mandates extended public comment periods, multiple hearings in impacted communities with language accommodations, consideration of all impacts on these communities, and ensures Indian Tribes are actively involved with representation and cooperation, honoring their rights and treaty obligations.

608. Requirement of notices of intent to prepare environmental documents Read Opens in new tab

Summary AI

The section outlines requirements for notices of intent when an agency begins preparing environmental documents like impact statements or assessments. These notices must include details about the proposed action, a schedule, information about potential environmental hazards, contact details, ways for the public to comment, and where to find more information. This rule goes into effect one year after the Act is enacted.

609. Avoidance of cumulative impacts through NEPA Read Opens in new tab

Summary AI

The section outlines revisions to the National Environmental Policy Act of 1969 aimed at avoiding cumulative environmental impacts. It includes changes in terminology and expands definitions for terms like "effect" and "impact," focusing on various environmental effects, introduces definitions for "low-income household" and "overburdened community," and clarifies what constitutes a "Tribal or Indigenous community."

610. Inclusion of greenhouse gas projections in NEPA reviews Read Opens in new tab

Summary AI

The section requires that when creating environmental documents for major federal actions, agencies must consider the impact of those actions on climate change and vice versa. They must also calculate greenhouse gas emissions, use the best available cost estimates for carbon emissions, and find ways to reduce these emissions.

Money References

  • (c) Social cost of carbon defined.—In this section, the term “social cost of carbon” means a quantification, in dollars, of the long-term damage caused by a ton of carbon dioxide emissions in a given year.

611. Establishment of community benefits agreements Read Opens in new tab

Summary AI

A community benefits agreement (CBA) is an arrangement where a project sponsor agrees to provide social, economic, or environmental benefits, like jobs or funds, to communities affected by a large federal project. The lead agency may require such agreements if the project has major negative impacts, ensuring that the benefits outweigh the harms, and might involve neutral parties or technical assistance in the negotiation process.

612. Requirement of timely public release of NEPA documentation Read Opens in new tab

Summary AI

The section requires federal lead agencies to make key documents related to the National Environmental Policy Act (NEPA) available to the public in a searchable, digital format. This includes various environmental reports and decisions, and must be done within three days of completion or publication, ensuring ease of access through agency websites or the E-NEPA portal.

613. Establishment of grants for capacity building and community engagement Read Opens in new tab

Summary AI

The section outlines a program where the Environmental Protection Agency (EPA) will provide grants to states, local governments, Indian Tribes, and nonprofit associations. These grants aim to enhance the capacity of these organizations in conducting environmental reviews and engaging communities, particularly in terms of renewable energy development and related activities, with a funding authorization of $500 million annually from 2024 to 2029.

Money References

  • (a) In general.—The Administrator of the Environmental Protection Agency shall make grants to States, units of local government, Indian Tribes, and nonprofit associations which may be used for purposes of— (1) increasing the capacity of such organizations to conduct activities related to proposed major Federal actions, and State, local, and Tribal environmental reviews, permits, and consultations, including by— (A) compiling data and conducting analyses, planning, and environmental review; (B) determining potential economic, social, public health, and environmental impacts; and (C) identifying opportunities to mitigate such impacts; (2) enhancing community engagement opportunities related to environmental reviews; (3) identifying zones for renewable energy development; (4) facilitating the siting of renewable energy-related facilities and infrastructure; (5) providing technical assistance to units of local government to establish renewable energy zoning ordinances; and (6) training and hiring personnel, and other activities to increase the capacity of States, units of local government, Indian Tribes, and nonprofit associations, as applicable, to carry out activities described in paragraphs (1) through (5). (b) Funding.— (1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator of the Environmental Protection Agency to make grants under subsection (a) $500,000,000 for each of fiscal years 2024 through 2029.

614. Establishment of fees for environmental reviews and authorizations for projects Read Opens in new tab

Summary AI

Section 614 of the bill sets up a system where federal agencies can charge fees for conducting environmental reviews and getting approvals for major projects. These fees should cover the costs of the reviews and be fair, with special funds being used to pay for necessary activities like staff salaries and data collection. Agencies can adjust or even exempt fees if they're too burdensome, and they must provide an annual report about the fees collected and their use.

615. Establishment of interagency environmental data system Read Opens in new tab

Summary AI

The bill mandates the creation of a unified system for federal environmental data within two years, coordinated by various agencies, to streamline project planning and public engagement while integrating existing data. It authorizes funding and ensures that environmental documents are accessible in a digital format, also calling for an online portal for public access to related documents.

Money References

  • (5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Council on Environmental Quality to develop linked interagency environmental data collection systems under subsection (a)(1) $20,000,000 for each of fiscal years 2023 through 2028.
  • (b) E–NEPA implementation.—Section 110 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336d) is amended— (1) by redesignating subsection (b) as subsection (c); (2) by adding after subsection (b) the following: “(b) Permitting portal.—Not later than 1 year after the date of enactment of the Clean Electricity and Transmission Acceleration Act of 2023, the Council on Environmental Quality shall establish an online permitting portal— “(1) with the parameters described in paragraphs (1) through (3) of subsection (a) for major Federal actions that require review under section 102(2)(C); and “(2) through which the public can access the documents identified under section 612(b) of the Clean Electricity and Transmission Acceleration Act of 2023.”; and (3) in subsection (c), as so redesignated— (A) by striking “There is authorized” and inserting the following: “(1) STUDY.—There is authorized”; and (B) by adding at the end the following: “(2) PERMITTING PORTAL.—There is authorized to be appropriated $1,000,000 for the Council on Environmental Quality to carry out subsection (b).”. ---

616. Transference of unobligated balances for use under the Endangered Species Act Read Opens in new tab

Summary AI

The section outlines that money not yet spent from the Infrastructure Investment and Jobs Act can be moved to the United States Fish and Wildlife Service and the National Marine Fisheries Service. This funding is to help them with their duties under the Endangered Species Act, specifically related to infrastructure projects, and the transferred funds should add to their budgets without replacing existing funds. Also, any funds marked as emergency by Congress will keep that status.

617. Designation of senior community engagement officers and Tribal community engagement officers Read Opens in new tab

Summary AI

The section outlines the role of Senior Community Engagement Officers (SCOs) and Tribal Community Engagement Officers (TEOs) in federal agencies. These officers are responsible for overseeing engagement with communities and Tribes during environmental reviews, offering advice, resolving conflicts, and speeding up processes, and they report directly to high-level officials.

618. Establishment of FERC Environmental Justice Liaison Read Opens in new tab

Summary AI

The section of the Federal Power Act establishes the position of an environmental justice liaison within the Office, responsible for working with communities likely affected by energy projects to increase awareness, gather input, and help minimize negative impacts on health or the environment. The liaison coordinates with local authorities and organizations to involve these communities in project planning, focusing on those facing greater environmental and health challenges due to pollution.

619. Requirement for intervenor funding at FERC Office of Public Participation Read Opens in new tab

Summary AI

The section mandates that the Federal Energy Regulatory Commission (FERC) must now compensate individuals or groups who participate in its proceedings, changing the language from "may" to "shall" in the relevant law. Additionally, FERC is required to create a new rule within 180 days that ensures these participants disclose their income to avoid conflicts of interest, but the process should not be too difficult for them.

620. Reform of RTO and ISO governance and participation Read Opens in new tab

Summary AI

The section requires the Federal Energy Regulatory Commission to hold a technical conference to discuss the independence and responsiveness of Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to their customers and stakeholders. The Commission will seek public feedback and then issue new rules within 18 months to ensure RTOs and ISOs operate independently and more transparently, taking into account various factors like transparency, participation barriers, and power imbalances among stakeholders.

621. Savings clause Read Opens in new tab

Summary AI

The savings clause in Section 621 ensures that this title does not reduce any rights given to the public by the National Environmental Policy Act (NEPA) of 1969. It also maintains NEPA's requirement to consider various types of environmental impacts.

622. Definitions Read Opens in new tab

Summary AI

The section defines key terms related to environmental justice, including what constitutes an "affected environmental justice community," a "community of color," and a "low-income community." It also explains what is meant by "major Federal action" and outlines the criteria for identifying "Tribal and Indigenous communities."