HR3062-119

What This Bill Does

The Promoting Cross-border Energy Infrastructure Act replaces presidential-permit practice for covered energy border facilities with statutory agency approvals. A person seeking to construct, connect, operate, or maintain a border-crossing facility for oil, natural gas, or electric transmission would need a certificate of crossing. FERC would handle oil and natural-gas pipeline border-crossing facilities, while the Department of Energy would handle electric transmission border-crossing facilities. The reviewing agency must issue the certificate within 120 days after the final National Environmental Policy Act action unless the facility is not in the public interest. For electric transmission, the Secretary of Energy must also find consistency with Electric Reliability Organization policies and standards, the applicable regional entity, and any regional transmission organization or independent system operator with operational or functional control. The bill excludes existing operating facilities, facilities that already hold presidential permits, and pending presidential-permit applications during a transition period.

Who Benefits and How

Oil pipeline developers, natural-gas pipeline developers, cross-border electric transmission developers, natural-gas exporters to Canada, natural-gas exporters to Mexico, existing presidential-permit holders, utility interconnection planners, and energy infrastructure investors benefit because the bill creates a defined certificate process, a 120-day post-NEPA decision clock, a 30-day approval rule for Canada and Mexico natural-gas imports and exports under the Natural Gas Act, and statutory protection against unilateral presidential revocation of existing cross-border facility permits. Project sponsors also benefit because routine modifications do not need a new certificate unless they materially change the facility location or increase physical capacity.

Who Bears the Burden and How

FERC, the Department of Energy, Energy Department transmission reviewers, reliability organizations, regional entities, regional transmission organizations, independent system operators, environmental groups, landowner advocates, and communities opposing cross-border infrastructure bear burdens because the bill shifts approval work into agency certificate proceedings, imposes decision deadlines after NEPA review, narrows presidential-permit leverage, and may reduce opportunities to delay or revoke approved border facilities. FERC and DOE must still apply other federal statutes, but they lose open-ended presidential-permit discretion for the covered border-crossing segment.

Key Provisions

• Creates a certificate of crossing for oil, natural-gas, and electric border-crossing facilities.
• Assigns oil and natural-gas pipeline certificates to FERC and electric transmission certificates to the Energy Secretary.
• Requires a certificate decision within 120 days after the final NEPA action unless the facility is not in the public interest.
• Requires Canada and Mexico natural-gas import and export applications to be granted within 30 days after a complete application.
• Repeals Federal Power Act section 202(e) and makes conforming changes to electricity-import authority.
• Bars presidential-permit requirements for covered construction, connection, operation, or maintenance and bars presidential revocation of existing permits unless Congress authorizes it.
• Exempts most modifications unless they materially change location or increase physical capacity.