HR6185-118

1. Short title This Act may be cited as the Guaranteeing Reliable Infrastructure Development Act or the GRID Act.

2. Coordination process to protect electric reliability Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended— by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and by inserting after subsection (g) the following: If the Commission or a State commission determines, on its own motion or on a request from another Federal agency, that a covered agency action proposed by a Federal agency other than the Commission is likely to have a significant negative impact on the reliability and adequacy of the bulk-power system in North America, the agency head with respect to such proposed covered agency action shall provide to the Commission such proposed covered agency action for review and comment— on the first date on which such proposed covered agency action is provided to the Office of Management and Budget or any other Federal agency for review and comment; or if such proposed covered agency action is not provided to the Office of Management and Budget or any other Federal agency for review and comment, not later than 90 days before the date on which the agency head publishes in the Federal Register or otherwise makes available for public inspection or comment such proposed covered agency action. The Commission, in consultation with the ERO, shall, by order, provide to the agency head that provides a proposed covered agency action to the Commission under paragraph (1) comments on such proposed covered agency action. An agency head may not finalize a proposed covered agency action for which a determination is made under paragraph (1)— until the agency head has responded in writing to the Commission with an explanation of how the agency head has modified, or why the agency head has determined not to modify, such proposed covered agency action in response to each comment provided by the Commission under paragraph (2); or if the Commission finds that the agency head has not modified such proposed covered agency action based on the comments provided by the Commission under paragraph (2) to prevent a significant negative impact on the reliability and adequacy of the bulk-power system in North America. An agency head shall include the comments and responses for the proposed covered agency action in the proposed agency action as— submitted to the Federal Register for publication; or otherwise made available for public inspection or comment. In this subsection: The term agency head means the head of a Federal agency that proposed a covered agency action. The term covered agency action means a rule, regulation, standard, criteria document, deadline, or determination. The term Federal agency means an Executive department (as that term is defined in section 101 of title 5, United States Code) or any other Executive agency that is in the President’s cabinet. (h)Commission review and comment for proposed covered agency actions(1)RequirementIf the Commission or a State commission determines, on its own motion or on a request from another Federal agency, that a covered agency action proposed by a Federal agency other than the Commission is likely to have a significant negative impact on the reliability and adequacy of the bulk-power system in North America, the agency head with respect to such proposed covered agency action shall provide to the Commission such proposed covered agency action for review and comment—(A)on the first date on which such proposed covered agency action is provided to the Office of Management and Budget or any other Federal agency for review and comment; or(B)if such proposed covered agency action is not provided to the Office of Management and Budget or any other Federal agency for review and comment, not later than 90 days before the date on which the agency head publishes in the Federal Register or otherwise makes available for public inspection or comment such proposed covered agency action.(2)Commission commentsThe Commission, in consultation with the ERO, shall, by order, provide to the agency head that provides a proposed covered agency action to the Commission under paragraph (1) comments on such proposed covered agency action.(3)Agency responseAn agency head may not finalize a proposed covered agency action for which a determination is made under paragraph (1)—(A)until the agency head has responded in writing to the Commission with an explanation of how the agency head has modified, or why the agency head has determined not to modify, such proposed covered agency action in response to each comment provided by the Commission under paragraph (2); or(B)if the Commission finds that the agency head has not modified such proposed covered agency action based on the comments provided by the Commission under paragraph (2) to prevent a significant negative impact on the reliability and adequacy of the bulk-power system in North America.(4)Public availability of comments and responsesAn agency head shall include the comments and responses for the proposed covered agency action in the proposed agency action as—(A)submitted to the Federal Register for publication; or(B)otherwise made available for public inspection or comment.(5)DefinitionsIn this subsection:(A)Agency headThe term agency head means the head of a Federal agency that proposed a covered agency action.(B)Covered agency actionThe term covered agency action means a rule, regulation, standard, criteria document, deadline, or determination.(C)Federal agencyThe term Federal agency means an Executive department (as that term is defined in section 101 of title 5, United States Code) or any other Executive agency that is in the President’s cabinet..