Resolving Environmental and Grid Reliability Conflicts Act of 2012

Resolving Environmental and Grid Reliability Conflicts Act of 2012 - Amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to ensure that any emergency order issued under such Act for the interconnection of facilities for the generation, transmission, and sale of electric energy, that may result in a conflict with a requirement of any environmental law, shall: (1) require generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and (2) to the maximum extent practical, be consistent with any other applicable environmental law and minimize any adverse environmental impacts.

Provides that any omission or action taken by a party to comply with such an order that results in noncompliance with any environmental law shall not: (1) be considered a violation of such law; or (2) subject such party to any requirement of, or any civil or criminal liability under, such law.

Requires such an order that may result in a conflict with environmental law to expire within 90 days after it is issued. Authorizes FERC to renew or reissue such order for subsequent periods, not to exceed 90 days each, as necessary to meet the emergency and serve the public interest.

Requires FERC, in renewing or reissuing such order, to: (1) consult with the primary federal agency with expertise in the environmental interest protected by such law and include in any such order conditions determined to be necessary to minimize any adverse environmental impacts, and (2) make such conditions available to the public. Authorizes FERC to exclude such a condition from the order if such condition would prevent the order from adequately addressing the emergency.

Authorizes, during an emergency, a municipality engaged in the transmission or sale of electric energy and not otherwise subject to FERC's jurisdiction to make temporary connections with public utilities subject to FERC's jurisdiction and construct temporary facilities for the transmission of electric energy in interstate commerce as may be necessary or appropriate to meet such emergency.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4273 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4273

To clarify that compliance with an emergency order under section 202(c) 
   of the Federal Power Act may not be considered a violation of any 
Federal, State, or local environmental law or regulation, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2012

Mr. Olson (for himself, Mr. Doyle, Mr. Terry, Mr. Gene Green of Texas, 
 Mr. Kinzinger of Illinois, and Mr. Gonzalez) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To clarify that compliance with an emergency order under section 202(c) 
   of the Federal Power Act may not be considered a violation of any 
Federal, State, or local environmental law or regulation, and for other 
                               purposes.

    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 ``Resolving Environmental and Grid 
Reliability Conflicts Act of 2012''.

SEC. 2. AMENDMENTS TO THE FEDERAL POWER ACT.

    (a) Compliance With or Violation of Environmental Laws While Under 
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following: ``An order issued 
        under this section should require generation, delivery, 
        interchange, or transmission of electric energy only during 
        times necessary to meet the emergency and serve the public 
        interest, and, to the extent reasonable, be consistent with any 
        other applicable Federal law, including any environmental law 
        or regulation, and endeavor to minimize any adverse 
        environmental impacts.
    ``(2)(A) To the extent any omission or action taken by a party, 
which is necessary to comply with an order issued under paragraph (1), 
including any omission or action taken to voluntarily comply with such 
order, results in noncompliance with, or causes such party to not 
comply with, any Federal, State, or local environmental law or 
regulation, such omission or action shall not be considered a violation 
of such environmental law or regulation, or subject such party to any 
requirement, civil or criminal liability, or a citizen suit under such 
environmental law or regulation.
    ``(B) In this paragraph, the term `environmental law' does not 
include the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 
et seq.).''.
    (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''.
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