H.R.2883 – Promoting Cross-Border Energy Infrastructure Act

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Week ending July 21, 2017

H.R.2883 – Promoting Cross-Border Energy Infrastructure Act

Brief

The bill aims ‘To establish a more uniform, transparent, and modern process to authorize the construction, connection, operation, and maintenance of international border-crossing facilities for the import and export of oil and natural gas and the transmission of electricity’

“H.R. 2883 would make changes to permitting requirements for oil and natural gas pipelines and electric transmission facilities that cross international borders. In particular, the bill would eliminate the existing requirement that sponsors of such infrastructure obtain a Presidential permit. Instead, H.R. 2883 would require those sponsors to obtain a certificate of crossing.” – cbo

Under the bill, the Federal Energy Regulatory Commission (FERC) would issue the certificates for oil and natural gas pipelines; the Secretary of Energy would issue them for electric transmission facilities. The change in permitting requirements would apply to new projects and modifications of certain existing projects as specified by the bill.

This bill shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity if the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; if a permit  for the construction, connection, operation, or maintenance has been issued; if an application for a permit  for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of—

(i) the date on which such application is denied; or

(ii) two years after the date of enactment of this Act, if such a permit has not been issued by such date of enactment.

 (Full text of H.R. 2883 at congress.gov)

Sponsor:  Rep. Mullin, Markwayne [R-OK-2] (Introduced 06/12/2017)

Status: Passed House /

VOTES and FLOOR ACTION

HOUSE

On Passage: On passage Passed by the Yeas and Nays: (Roll no. 398)

House Amendments:

An amendment, offered by Mr. Engel, numbered 1 printed in Part B of House Report 115-235 to ensure that permitting authority for cross- border pipelines remains with the Department of State On agreeing to the Engel amendment; Failed by recorded vote: (Roll no. 395)

An amendment, offered by Ms. Tsongas, numbered 2 printed in Part B of House Report 115-235 to state FERC may not issue a certificate of crossing if any part of the oil or natural gas pipeline project is to be located on lands required under Federal, State, or local law to be managed for purposes of natural resource conservation or recreation On agreeing to the Tsongas amendment; Failed by recorded vote: (Roll no. 396)

An amendment, offered by Mr. Green, Gene, numbered 3 printed in Part B of House Report 115-235 to clarify the applicability of the National Environmental Policy Act of 1969 (NEPA) to projects affected by the bill. On agreeing to the Green, Gene amendment; Agreed to by voice vote

Motion to recommit: On motion to recommit with instructions Failed by recorded vote: (Roll no. 397).

Text of the motion:

The House proceeded with 10 minutes of debate on the O’Halleran motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to a requirement that all iron and steel products used in construction, connection, operation, and maintenance of the border-crossing facility be produced in the United States.

SENATE

On Passage:

Procedural Actions:

Senate Amendments:

COST AND IMPACT

Cost to the taxpayersCBO estimates that implementing H.R. 2883 would have no significant net effect on the federal budget. Relative to current law, we expect that any changes to administrative costs incurred by the Department of Energy would not exceed $500,000 in any year; such spending would be subject to the availability of appropriated funds. Further, because FERC recovers 100 percent of its costs through user fees, any change in that agency’s costs (which are controlled through annual appropriation acts) would be offset by an equal change in fees that the commission charges, resulting in no net change in federal spending.

Pay-as-you-go requirements:  Enacting H.R. 2883 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply.

Regulatory and Other Impact: H.R. 2883 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandate Reform Act and would impose no costs on state, local, or tribal governments

Dynamic Scoring:   CBO estimates that enacting H.R. 2883 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.

 

More Bill Information:

 

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