[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2749 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2749
To facilitate the generation and delivery of power from affordable and
reliable renewable generation projects and energy storage projects.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Ms. Castor of Florida (for herself, Mr. Casten, and Mr. Peters)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To facilitate the generation and delivery of power from affordable and
reliable renewable generation projects and energy storage projects.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Efficient Grid
Interconnection Act of 2023''.
(b) Definitions.--In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Energy storage project.--The term ``energy storage
project'' means equipment which receives, stores, and delivers
energy using batteries, compressed air, pumped hydropower,
hydrogen storage (including hydrolysis), thermal energy
storage, regenerative fuel cells, flywheels, capacitors,
superconducting magnets, or other technologies identified by
the Secretary of Energy, and which has a capacity of not less
than 5 kilowatt hours.
(3) Generation project.--The term ``generation project''
means any facility--
(A) that generates electricity; and
(B) the interconnection request of which is subject
to the jurisdiction of the Commission.
(4) Generator tie line.--The term ``generator tie line''
means a dedicated transmission line that is used to transmit
power from a generation project or an energy storage project to
a transmission facility or a transmission system.
(5) Grid enhancing technology.--The term ``grid enhancing
technology'' means any technology or equipment that increases
the capacity, efficiency, or reliability of a transmission
facility or transmission system, including--
(A) power flow control and transmission switching
equipment;
(B) energy storage technology;
(C) topology optimization technology;
(D) dynamic line rating technology; and
(E) other advanced transmission technologies, such
as composite reinforced aluminum conductors or high
temperature superconductors.
(6) Interconnection customer.--The term ``interconnection
customer'' means a person or entity that has submitted a
request to interconnect a generation project or an energy
storage project that is subject to the jurisdiction of the
Commission to the owner or operator of a transmission facility
or a transmission system.
(7) Network upgrade.--The term ``network upgrade'' means--
(A) any modification of, addition to, or expansion
of any transmission facility or transmission system;
(B) the construction of a new facility that will
become part of a transmission system;
(C) the addition of an energy storage project to a
transmission facility or a transmission system; and
(D) any construction, deployment, or addition of
grid enhancing technology to a transmission facility or
a transmission system that eliminates or reduces the
need to carry out any of the activities described in
subparagraphs (A) through (C).
(8) Participant funding.--The term ``participant funding''
means any cost allocation method under which an interconnection
customer is required to pay, without reimbursement, all or a
disproportionate amount of the costs of a network upgrade that
is determined to be necessary to ensure the reliable
interconnection of the interconnection customer's generation
project or energy storage project.
(9) Public utility.--The term ``public utility'' has the
meaning given such term in section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)).
(10) Renewable generation project.--The term ``renewable
generation project'' means a generation project that generates
electricity from a renewable energy resource, including wind,
solar, geothermal, and hydropower.
(11) Regional transmission organization; independent system
operator.--The terms ``Regional Transmission Organization'' and
``Independent System Operator'' have the meanings given such
terms in section 3 of the Federal Power Act (16 U.S.C. 796).
(12) Transmission system.--The term ``transmission system''
means a network of transmission facilities used for the
transmission of electric energy in interstate commerce.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) in much of the United States renewable generation
projects and energy storage projects face unfair and
inefficient barriers to Commission-jurisdictional
interconnection with the electric grid;
(2) legislation is needed to accelerate the timely and
efficient interconnection of renewable generation projects and
energy storage projects, and to ensure that individual
interconnection customers are not forced to bear
disproportionate amounts of shared network upgrade costs;
(3) network upgrades required to be constructed to
interconnect renewable generation projects and energy storage
projects benefit all transmission system customers as well as
parties that receive power delivered over such transmission
systems;
(4) the practice of exclusive or disproportionate
participant funding, whereby the costs of network upgrades are
assigned solely or disproportionately to individual
interconnection customers, is unduly discriminatory, harmful to
consumers, and not in the public interest;
(5) in certain cases, the deployment of grid enhancing
technologies can substitute for, and thereby reduce the need
for, time required, or cost to construct, a traditional
transmission upgrade or addition, such as modifying or adding a
conductor or substation element, that otherwise would be
required to interconnect a new generation project or energy
storage project;
(6) by reducing the need for, and the time necessary to
construct, a traditional transmission upgrade or addition, such
as modifying or adding a conductor or substation element, the
deployment of grid enhancing technologies would facilitate
timely, efficient, and cost-effective interconnections, and the
renewable generation projects and energy storage projects
dependent on those interconnections, and the delivery of clean
and reliable electricity produced by those projects; and
(7) collectively, the development and construction of
renewable generation projects, energy storage projects, and
grid enhancing technologies should create tens of thousands of
family-sustaining jobs, facilitate rural economic development,
enhance Federal and State tax revenues, and further the timely
and cost-effective delivery of clean, affordable, and reliable
electricity.
SEC. 3. EQUITABLE COST ALLOCATION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commission shall issue a new regulation, or
revise existing regulations, to prohibit the use of exclusive or
disproportionate participant funding.
(b) Allocation of Costs.--
(1) In general.--In prohibiting the use of exclusive or
disproportionate participant funding under subsection (a), the
Commission shall, except as provided in paragraph (4), require
that each public utility--
(A) may not allocate the costs of a network upgrade
solely to the requesting interconnection customer; and
(B) shall reasonably allocate such costs to parties
that--
(i) use the transmission facility or the
transmission system;
(ii) take electricity from the transmission
facility or the transmission system; or
(iii) otherwise benefit from a network
upgrade of the transmission facility or the
transmission system.
(2) Interconnection to multiple transmission systems.--With
respect to a network upgrade that is associated with a
generation project or an energy storage project that has a
significant impact on two or more transmission systems, the
costs for such a network upgrade shall be allocated pursuant to
a methodology designed jointly by the impacted transmission
systems to ensure that all such costs are equitably shared by
the parties that benefit from such network upgrade.
(3) Determination of benefitting parties.--In determining
which parties benefit for purposes of paragraph (1)(B)(iii) and
paragraph (2), the Commission shall consider all material
benefits of the network upgrade, including--
(A) those that cannot be directly quantified,
including resilience benefits; and
(B) environmental benefits, including reduced and
avoided emissions of greenhouse gases and conventional
air pollutants.
(4) Generator tie lines.--A public utility may require an
interconnection customer to pay for the costs of construction
of any generator tie lines that will be used to transmit power
from the interconnection customer's generation project or
energy storage project, as applicable, to the transmission
facility or the transmission system.
(5) Voluntary payment.--
(A) In general.--An interconnection customer may
pay upfront some or all of the costs of a network
upgrade at the transmission facility or transmission
system to which they plan to interconnect their
generation project or energy storage project in
accordance with subparagraph (B).
(B) Repayment.--Any interconnection customer that
pays costs under subparagraph (A) shall be refunded
such costs allocable to other parties pursuant to the
Commission's regulations issued or revised under this
section, over a period that is not longer than 10 years
beginning on the date on which the interconnection
customer's interconnection is complete.
(6) Updating procedures.--Not later than the date that is 3
months after the date on which the Commission issues or revises
regulations as required under subsection (a), each public
utility shall make a filing pursuant to section 205 of the
Federal Power Act (16 U.S.C. 824d) to amend their
interconnection procedures to comply with such regulations.
SEC. 4. DEPLOYMENT OF GRID ENHANCING TECHNOLOGIES.
Not later than 180 days after the date of enactment of this Act,
the Commission shall issue a new regulation, or revise existing
regulations, to require the following:
(1) Consultation.--
(A) In general.--With respect to processing a
request to interconnect a generation project or an
energy storage project, the Regional Transmission
Organization, Independent System Operator, or
transmission planning coordinator, as applicable,
shall--
(i) consult with the relevant owner of the
transmission facility or transmission system,
and the interconnection customer, regarding
deploying grid enhancing technology in addition
to, or as a substitute to, carrying out a
traditional transmission upgrade or addition,
such as modifying or adding a conductor or
substation element; and
(ii) study the efficacy of deploying grid
enhancing technology for the purposes described
in clause (i).
(B) Unconnected transmission facilities.--With
respect to a request to interconnect a generation
project or an energy storage project to a transmission
facility that is not connected to a transmission
system, the owner or operator of such a facility
shall--
(i) consult with the interconnection
customer regarding deploying grid enhancing
technology in addition to, or as a substitute
to, carrying out a traditional transmission
upgrade or addition, such as modifying or
adding a conductor or substation element; and
(ii) study the efficacy of deploying grid
enhancing technology for the purposes described
in clause (i).
(2) Deployment.--
(A) In general.--An interconnection customer that
is consulted with under paragraph (1) may request that
grid enhancing technology that was the subject of such
consultation be deployed.
(B) Determination.--The owner of the transmission
facility or transmission system to which such
technology would be deployed shall determine whether to
deploy such technology, subject to an appeal under
subparagraph (C).
(C) Appeal.--
(i) In general.--An interconnection
customer that requests deployment of grid
enhancing technology under subparagraph (A) may
submit to the Commission a request for a
hearing to appeal the decision under
subparagraph (B) to not deploy grid enhancing
technology.
(ii) Effect of appeal.--After a hearing
under clause (i), the Commission may order the
owner of the transmission facility or
transmission system to deploy the grid
enhancing technology requested under
subparagraph (A).
(3) Updating procedures.--Not later than the date that is 3
months after the date on which the Commission issues or revises
regulations as required under this section, each public utility
shall make a filing pursuant to section 205 of the Federal
Power Act (16 U.S.C. 824d) to amend their interconnection
procedures to comply with such regulations.
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