Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB23

Introduced
1/23/23  

Caption

Promoting Cross-border Energy Infrastructure Act This bill establishes a new process for approving the construction and operation of energy infrastructure across an international border of the United States and replaces the existing process established under specified executive orders. Specifically, this bill requires a person to obtain a certificate of crossing before constructing, connecting, operating, or maintaining a border-crossing facility for the import or export of oil, natural gas, or electricity across a U.S. border between Canada or Mexico. A certificate must be obtained from the Federal Energy Regulatory Commission (FERC) for a facility consisting of oil or natural gas pipelines or the Department of Energy (DOE) for an electric transmission facility. As a condition of issuing a certificate, DOE must require that an electric transmission facility be constructed, connected, operated, or maintained consistent with specified policies and standards. FERC and DOE must meet a deadline for issuing a certificate as set forth by this bill. The bill also requires FERC to meet a deadline for approving applications to import or export natural gas to or from Canada or Mexico.

Impact

The bill establishes specific timelines for review and approval of applications, which proponents argue will foster greater investment in energy infrastructure and facilitate more efficient energy trade between the U.S., Canada, and Mexico. By mandating that relevant agencies respond to applications within defined periods, it aims to create a more predictable regulatory environment, potentially increasing the competitiveness of American energy exports. Additionally, it explicitly removes the need for a Presidential permit for certain projects, further simplifying the process.

Summary

Senate Bill 23, known as the Promoting Cross-border Energy Infrastructure Act, proposes a new and streamlined regulatory framework for the construction, operation, and maintenance of international border-crossing facilities related to the import and export of oil and natural gas, as well as the transmission of electricity. This bill aims to replace existing processes with a standardized procedure that seeks to eliminate bureaucratic delays while reinforcing North American energy security. Under this legislation, parties will need to secure a 'certificate of crossing' from the Federal Energy Regulatory Commission (FERC) for oil and gas pipelines, or from the Department of Energy (DOE) for electric transmission facilities, which replaces the current executive order-based framework.

Contention

Despite the intentions behind SB 23, there are notable points of contention surrounding the bill. Critics argue that the accelerated approval process may lead to insufficient environmental assessments, risking the potential for negative environmental impacts along border regions. There is concern that quick approvals might bypass local considerations and hinder community input, which could be detrimental to ecosystems and public health. Supporters counter this by emphasizing the need for energy independence and the urgent demand for modernized infrastructure, suggesting that careful planning and regulation can still be respected within the streamlined process.

Companion Bills

US HB1058

Related bill Promoting Cross-border Energy Infrastructure Act

US HB1

Related bill Lower Energy Costs Act This bill provides for the exploration, development, importation, and exportation of energy resources (e.g., oil, gas, and minerals). For example, it sets forth provisions to (1) expedite energy projects, (2) eliminate or reduce certain fees related to the development of federal energy resources, and (3) eliminate certain funds that provide incentives to decrease emissions of greenhouse gases. The bill expedites the development, importation, and exportation of energy resources, including by waiving environmental review requirements and other specified requirements under certain environmental laws, eliminating certain restrictions on the import and export of oil and natural gas, prohibiting the President from declaring a moratorium on the use of hydraulic fracturing (a type of process used to extract underground energy resources), directing the Department of the Interior to conduct sales for the leasing of oil and gas resources on federal lands and waters as specified by the bill, and limiting the authority of the President and executive agencies to restrict or delay the development of energy on federal land. In addition, the bill reduces royalties for oil and gas development on federal land and eliminates charges on methane emissions. It also eliminates a variety of funds, such as funds for energy efficiency improvements in buildings as well as the greenhouse gas reduction fund.

US SB947

Related bill Lower Energy Costs Act Water Quality Certification and Energy Project Improvement Act of 2023 TAPP American Resources Act Transparency, Accountability, Permitting, and Production of American Resources Act

US SB989

Related bill North American Energy Act

US HB2811

Related bill Water Quality Certification and Energy Project Improvement Act of 2023 TAPP American Resources Act Transparency, Accountability, Permitting, and Production of American Resources Act Regulations from the Executive in Need of Scrutiny Act of 2023

US SB1456

Related bill SPUR Act Spur Permitting of Underdeveloped Resources Act

Similar Bills

US SB946

SITE Act Streamlining Interstate Transmission of Electricity Act

US HB4689

FASTER Act of 2023 Facilitating America’s Siting of Transmission and Electric Reliability Act of 2023

US SB1804

FASTER Act of 2023 Facilitating America's Siting of Transmission and Electric Reliability Act of 2023

US SB253

American Music Fairness Act

US HB1058

Promoting Cross-border Energy Infrastructure Act

US SB989

North American Energy Act

US SB1748

Interregional Transmission Planning Improvement Act of 2023

US SB986

STOP Act 2.0