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Legislative Update



Transmission

All of the legislative activity on Capitol Hill seems to indicate that before 2009 is out we will have new laws governing transmission planning and expansion in the US. While the legislation from the House and the Senate vary in focus – the House bill placing more emphasis on carbon policy than the Senate – all indications are for an increasing federal role in transmission planning and approvals. This summary table highlights key features of the leading bills on the House and the Senate sides.

American Clean Energy Leadership Act (ACELA) (Senate ENR bill)

American Clean Energy Security Act (ACES) H.R. 2454

Climate Policy

Key Provisions
No requirements to limit greenhouse gas (GHG) emissions

Renewable electricity standard of 15% by 2021 with energy efficiency comprising up to 26% of this amount; other efficiency measures, and carbon sequestration demonstration funds

Recommended Amendments
Carbon cap and trade or CleanFirst regulations should be implemented before or in conjunction with this law to avoid unintended consequences undermining greenhouse gas policies

Key Provisions
Institutes national cap and trade for CO2, energy efficiency resource standard, renewable energy standard, and additional measures to reduce GHG

Recommended Amendments
Strengthen energy efficiency resource standards. (Read More)

Energy Issues

Key Provisions
Applies NIETC-like acceleration provisions to transmission approval across the nation (1 year backstop) with a provision that would supersede the 4th Court decision: the bill would allow the federal government to assume jurisdiction to approve facilities rejected by the states

FERC to develop new grid planning principles balancing new transmission, utility operations, and alternatives; grid benefits to look at emissions, cost savings, land protections and other factors

Recommended Amendments
Before transmission projects are advanced, objective, integrated resource planning assessment should detail potential of demand response, energy efficiency, distributed generation near load centers and other options for meeting regional electric needs

Key Provisions
Grid planning to increase inter-regional focus.

Transmission planning principles will be developed consistent with reducing GHG, minimizing environmental harm and other objectives.

Integrated resource planning principles to be applied so that potential of demand response, energy efficiency, distributed generation near load centers are considered

Recommended Amendments
Strengthen energy efficiency resource standards. (Read More)

Land Conservation Issues

Key Provisions
Within 180 days, FERC shall identify areas for development with significant ‘location-constrained resources’.

COMPLETED state work on siting to be used when FERC assumes backstop siting authority; information from the applicant to be used; no corollary requirement to use information from other parties.

State input on mitigation measures based On habitat protection, environmental considerations and cultural site protection are to be considered and incorporated or otherwise an explanation provided for their dismissal.

Eminent domain

Recommended amendments
Avoidance of public lands, sensitive lands, and lands with conservation easements.

Strengthen provisions on state input to mirror those in the House bill as drafted for the Western Interconnect, but applying these provisions nationally.

Provide for conservation organizations and others as specified in S 539.

Provide provisions for other stakeholders and the public to provide input on siting constraints and mitigation measures

Key Provisions
FERC as lead agency

New plans to be coordinated with NIETCs, except as revised in the west; NIETC eminent domain provisions remain in force.

State input provided for in the west; no similar provisions for the east.

Recommended amendments
Avoidance of public lands, sensitive lands, and lands with conservation easements (Read More).

Apply provisions for western region to eastern US, especially considering and incorporating state input on siting constraints and mitigation measures.

Provide provisions for other stakeholders and the public to provide input on siting constraints and mitigation measures.

Provide for input from conservation organizations and others as specified in S 539.

Full information on these and other bills can be found at www.thomas.gov.


Thank you to Allegheny Land Trust for supporting our land conservation efforts. Visit Allegheny Land Trust at http://www.alleghenylandtrust.org
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