Reconductoring and other activities in existing rights-of-way
Division B — Committee on Energy and Natural Resources › Title I — Electric transmission
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(a) Categorical exclusion for reconductoring The Federal Power Act is amended by inserting after section 216 (16 U.S.C. 824p) the following: 216A. Grid capacity expansion in existing rights-of-way (a) Definitions In this section: (1) Applicable electrical standard The term applicable electrical standard includes— (A) a reliability standard (as defined in section 215(a)); and (B) an applicable standard of the National Electrical Safety Code published by the Institute of Electrical and Electronics Engineers Standards Association. (2) Covered area The term covered area means an area— (A) within an existing right-of-way; or (B) within the minimum additional area adjacent to an existing right-of-way that is necessary— (i) to comply with applicable electrical standards; or (ii) to complete an activity described in subsection (b). (3) Covered facility The term covered facility means an existing electric transmission or distribution facility or associated infrastructure (including an electrical substation) that is located within a covered area. (b) Exemptions (1) In general Activities to maintain or increase the capacity of the electric grid within a covered area, and any Federal agency action authorizing such activities— (A) are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) shall not be considered to be— (i) a major Federal action for purposes of that Act; or (ii) an undertaking for purposes of section 306108 of title 54, United States Code. (2) Inclusions The activities described in paragraph (1) include— (A) any repair, maintenance, replacement, upgrade, rebuilding, modification, optimization, minor relocation of, or addition to, a covered facility, including— (i) reconductoring; (ii) an increase in operating voltage; (iii) a circuit addition or adjustment; and (iv) installation of advanced transmission technologies (as defined in section 1223(a) of the Energy Policy Act of 2005 (42 U.S.C. 16422(a))); (B) any minimum widening of an existing right-of-way associated with an activity described in subparagraph (A) that— (i) is necessary to comply with applicable electrical standards; or (ii) remains within a covered area; (C) an addition of energy storage at or near a covered facility; and (D) the addition of a parallel circuit within an existing right-of-way.. (b) Interstate natural gas pipeline modernization within existing corridors Section 7 of the Natural Gas Act (15 U.S.C. 717f) is amended by adding at the end the following: (i) Covered pipeline activities (1) Definitions In this subsection: (A) Covered activity The term covered activity means any repair, maintenance, replacement, upgrade, rebuilding, modification, optimization, minor relocation, looping, compression, capacity-enhancement project, or addition to a covered facility. (B) Covered area The term covered area means— (i) an existing right-of-way; and (ii) the footprint of original construction previously authorized and environmentally reviewed under this Act, together with any minimum additional area adjacent to an existing right-of-way that is necessary to complete a covered activity. (C) Covered facility The term covered facility means an existing interstate natural gas pipeline or associated infrastructure, including a compressor station, meter station, regulator station, valve site, launcher, receiver, storage-related facility, or similar facility located within a covered area. (2) Environmental review A covered activity and any Federal agency action authorizing that covered activity— (A) shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the covered activity remains within a covered area; and (B) shall not be considered an undertaking for purposes of section 306108 of title 54, United States Code, if the covered activity remains within a covered area. (3) Rule of construction Nothing in this subsection affects the applicability of any requirement under— (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly known as the Clean Water Act); (B) the Clean Air Act (42 U.S.C. 7401 et seq.); or (C) any other applicable Federal law not expressly addressed by this subsection..