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42 U.S.C. § 18715a — Grants to facilitate the siting of interstate electricity transmission lines

submitted 4 years ago by Pub. L. 117-169 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 652 words · no verdicts yet

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This section gives the Department of Energy $760 million for grants that help site major interstate transmission lines. Grants pay for impact studies, alternate route reviews, regulatory participation, and related economic development. Recipients must agree to decide permit applications within 2 years.

(a) Appropriation. Congress appropriates the Secretary $760,000,000 for fiscal year 2022, usable through September 30, 2029, for grants under this section and related administrative expenses.

(b) Use of funds. (1) The Secretary may give a siting authority a grant, for a "covered transmission project," to pay for: (A) studies and analyses of the project's impacts; (B) examining up to 3 alternate siting corridors the project could feasibly use; (C) taking part in another jurisdiction's regulatory proceedings or negotiations, including at a Transmission Organization also considering the project's siting or permitting; (D) taking part in Federal Energy Regulatory Commission or state proceedings that set applicable rates and cost allocation; and (E) other measures the Secretary decides could improve the chances of, or shorten the time needed for, the siting authority approving the project. (2) The Secretary may also give a grant to a siting authority, or another State, local, or Tribal government body, for economic development in communities that may be affected by building and running a covered transmission project — but the Secretary cannot sign a grant agreement under this paragraph that could result in payments after September 30, 2031.

(c) Conditions. (1) To get a grant for activities in subsection (b)(1), the siting authority must agree in writing to reach a final decision on the project's application within 2 years of receiving the grant, unless the Secretary allows an extension for good cause. (2) The federal share of costs for activities described in subsection (b)(1)(C) or (D) cannot exceed 50%. (3) Economic-development grant funds under subsection (b)(2) may only be paid out (A) to a siting authority once it approves the covered project, and (B) to any other government body once construction of the project begins in its area.

(d) Returning funds. If a siting authority does not use all its subsection (b)(1) grant funds within 2 years of receiving them, it must return the unused funds to the Secretary.

(e) Definitions. (1) "Covered transmission project" means a high-voltage interstate or offshore electricity transmission line that (A) is proposed to be built and to run either (i) at a minimum of 275 kilovolts AC or DC, or (ii) offshore at a minimum of 200 kilovolts AC or DC, and (B) whose developer has applied, or told the siting authority it intends to apply, for regulatory approval. (2) "Siting authority" means a State, local, or Tribal government body with authority to make a final decision on the siting, permitting, or regulatory status of a covered transmission project proposed for its area.

the actual law source: uscode.house.gov ↗public domain
(a) Appropriation

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $760,000,000, to remain available through September 30, 2029, for making grants in accordance with this section and for administrative expenses associated with carrying out this section.

(b) Use of funds
(1) In general

The Secretary may make a grant under this section to a siting authority for, with respect to a covered transmission project, any of the following activities:

(A)

Studies and analyses of the impacts of the covered transmission project.

(B)

Examination of up to 3 alternate siting corridors within which the covered transmission project feasibly could be sited.

(C)

Participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction, or under the auspices of a Transmission Organization (as defined in section 796 of title 16) that is also considering the siting or permitting of the covered transmission project.

(D)

Participation by the siting authority in regulatory proceedings at the Federal Energy Regulatory Commission or a State regulatory commission for determining applicable rates and cost allocation for the covered transmission project.

(E)

Other measures and actions that may improve the chances of, and shorten the time required for, approval by the siting authority of the application relating to the siting or permitting of the covered transmission project, as the Secretary determines appropriate.

(2) Economic development

The Secretary may make a grant under this section to a siting authority, or other State, local, or Tribal governmental entity, for economic development activities for communities that may be affected by the construction and operation of a covered transmission project, provided that the Secretary shall not enter into any grant agreement pursuant to this section that could result in any outlays after September 30, 2031.

(c) Conditions
(1) Final decision on application

In order to receive a grant for an activity described in subsection (b)(1), the Secretary shall require a siting authority to agree, in writing, to reach a final decision on the application relating to the siting or permitting of the applicable covered transmission project not later than 2 years after the date on which such grant is provided, unless the Secretary authorizes an extension for good cause.

(2) Federal share

The Federal share of the cost of an activity described in subparagraph (C) or (D) of subsection (b)(1) shall not exceed 50 percent.

(3) Economic development

The Secretary may only disburse grant funds for economic development activities under subsection (b)(2)—

(A)

to a siting authority upon approval by the siting authority of the applicable covered transmission project; and

(B)

to any other State, local, or Tribal governmental entity upon commencement of construction of the applicable covered transmission project in the area under the jurisdiction of the entity.

(d) Returning funds

If a siting authority that receives a grant for an activity described in subsection (b)(1) fails to use all grant funds within 2 years of receipt, the siting authority shall return to the Secretary any such unused funds.

(e) Definitions

In this section:

(1) Covered transmission project

The term “covered transmission project” means a high-voltage interstate or offshore electricity transmission line—

(A)

that is proposed to be constructed and to operate—

(i)

at a minimum of 275 kilovolts of either alternating-current or direct-current electric energy by an entity; or

(ii)

offshore and at a minimum of 200 kilovolts of either alternating-current or direct-current electric energy by an entity; and

(B)

for which such entity has applied, or informed a siting authority of such entity’s intent to apply, for regulatory approval.

(2) Siting authority

The term “siting authority” means a State, local, or Tribal governmental entity with authority to make a final determination regarding the siting, permitting, or regulatory status of a covered transmission project that is proposed to be located in an area under the jurisdiction of the entity.

Source credit: (Pub. L. 117–169, title V, § 50152, Aug. 16, 2022, 136 Stat. 2046.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-169 · 136 Stat. 2046

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-169 on 2022-08-16.

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