Fred Upton

Mr. UPTON

Mr. UPTON. Mr. Chairman, I claim the time in opposition to the amendment.

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill, H.R. 2910.

Mr. UPTON. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise today in support of H.R. 2910, the Promoting Interagency Coordination for Review of Natural Gas Pipelines Act, introduced by my colleague and friend from Texas (Mr. Flores). I want to congratulate him for his work on this very important piece of legislation that, in fact, will streamline the permit process for the building of energy infrastructure, which will strengthen our economy, create the jobs that we want, and, in fact, increase our energy security. Very important. This bill is going to address the critical need to expand and modernize the Nation's natural gas pipeline infrastructure by promoting a more timely and efficient review. Mr. Chairman, by establishing FERC as the lead agency, this bill is going to bring greater certainty, accountability, and transparency to the siting process for interstate natural gas pipelines. Unfortunately, many important projects have been delayed unnecessarily while waiting for permits from participating agencies, and when siting a pipeline project, multiple permits are always required, permits under the Clean Water Act, the Endangered Species Act, the Clean Air Act. So FERC often coordinates with a variety of Federal, State, and local governments and Indian Tribes to balance a wide range of issues, including the potential impacts on environmental and wildlife resources, land use, and, of course, property rights. This bill is going to improve the permitting process by strengthening the lead agency role of FERC in further defining the process for participating in Federal and State agencies, and the intent of these provisions is to involve stakeholders sooner so that they can be involved in the setting of the schedule and identify issues of concern earlier in the process. Further, the legislation requires that agencies conduct their respective reviews concurrently and in conjunction with the project- related review conducted by FERC in compliance with NEPA--in compliance with NEPA. To be clear, we are not skipping steps, we are just saying that one part of the process shouldn't hold up the entire project if progress can be made on other required permits. So this bill is going to encourage more timely and efficient reviews, a more robust and reliable energy pipeline system, more affordable energy prices for every American. Mr. Chair, I congratulate the gentleman from Texas, who has brought this bill before us through the committee process. Mr. Chair, I reserve the balance of my time.

Mr. UPTON. Mr. Chairman, I yield myself 30 seconds. Mr. Chairman, there is a reason why the parliamentarians ruled that the amendments on eminent domain are not applicable here: because they are not germane. Eminent domain is not part of this bill. In fact, the underlying natural gas act requires that eminent domain proceedings, ``shall conform as nearly as may be with the practice and procedure in similar action or proceedings in the courts of the State where the property is situated.'' This doesn't change that, and that is why those eminent domain amendments were not made in order. Mr. Chair, I yield 3 minutes to the gentleman from Texas (Mr. Flores), the sponsor of the bill.

Mr. UPTON. Mr. Chair, I yield an additional 1 minute to the gentleman from Texas.

Mr. UPTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from Tennessee (Mrs. Blackburn), a member of the Energy and Commerce Committee.

Mr. UPTON. Mr. Chairman, I yield an additional 1 minute to the gentlewoman.

Mr. UPTON. Mr. Chairman, I yield 2 minutes to the gentleman from Arizona (Mr. Gosar).

Mr. UPTON. Mr. Chairman, I yield myself 30 seconds. I include in the Record three letters in support. The National Electrical Contractors Association has a letter of support. The National Taxpayers Union has a letter of support, as well as the National Association of Manufacturers. National Electrical Contractors Association, Bethesda, MD, July 18, 2017. Hon. Paul Ryan, House of Representatives, Washington, DC. Dear Speaker Ryan: On behalf of the National Electrical Contractors Association (NECA), I am writing in strong support of H.R. 2883, Promoting Cross-Border Energy Infrastructure Act which would establish a more uniform and transparent approval process for the construction, connection, operation, or maintenance of oil or natural gas pipelines or electric transmission facilities for the import or export of oil, natural gas, or electricity. NECA also supports H.R. 2910, Promoting Interagency Coordination for Review of Natural Gas Pipelines Act, which would help address the need to modernize the nation's natural gas pipeline infrastructure by promoting more timely and efficient reviews by the Federal Energy Regulatory Commission (FERC). NECA believes these critical pieces of legislation will facilitate construction projects along the United States' borders and encourage energy independence. NECA is the nationally recognized voice of the $130 billion electrical construction industry that brings power, light, and communication technology to buildings and communities across the U.S. NECA's national office and its 119 local chapters are dedicated to enhancing the industry through continuing education, labor relations, safety codes, standards development, and government relations. NECA is committed to advocating for a comprehensive energy policy that addresses all available opportunities for energy exploration and independence. By establishing a more concrete process for the approval of construction projects to import oil, natural gas, and electricity, this legislation would create more jobs in the construction industry while working towards America's energy independence. Construction along the U.S. border to import oil, natural gas, and electricity will greatly enhance our nation's energy security and promote energy independence. It is clear Congress plays a critical role in streamlining the approval process and enacting policies that support approval and construction of energy infrastructure projects. The benefits of these projects are clear: job creation, energy security, energy independence, and economic growth; such construction is in the national interest. NECA strongly endorses H.R. 2883 and H.R. 2910 and believes that these bills will deliver many benefits to our nation. Sincerely, Marco A. Giamberardino, MPA, Executive Director, Government Affairs.

Mr. UPTON. Mr. Chairman, might I inquire if the gentlewoman has any further speakers.

Mr. UPTON. Mr. Chairman, I have no more speakers at this point, so I reserve the balance of my time.

Mr. UPTON. Mr. Chairman, I yield myself such time as I may consume. I would urge my colleagues to support this legislation. Again, this streamlines the process. There are still no shortcuts that are here. We require that the agencies work concurrently with each other. At the end of the day, we know that pipelines are literally the safest way to transport whatever it is, oil, gas, to the consumers, and at a lower cost. It is safer and, obviously, helps the most vulnerable with lower costs. We have literally millions of miles of pipelines. And I would note that we passed major, major bipartisan legislation in several Congresses--it was bipartisan, it was overwhelmingly bipartisan--that President Obama signed into law increasing the safety standards and fines for any new pipelines that are built. Those laws, obviously, stay on the books. Again, I would urge my colleagues to vote for the bill. I look forward to the debate on a couple of the amendments. I yield back the balance of my time.

Mr. UPTON. Mr. Chairman, I rise in opposition to the amendment.

Mr. UPTON. Mr. Chairman, I would just note that all current reviews that we do now for pipeline siting, they all remain in place. None of it goes away. Those same reviews take place. The gentlewoman's amendment, in our view, is unnecessary because nothing in this legislation would limit environmental protections or affect laws that govern the multiple use of our public lands. Pipelines, we know, as I said earlier, are the safest, most efficient way to transport energy supplies. The overwhelming majority of Americans strongly support modernizing our infrastructure, including pipelines, to ensure stable, affordable supplies. And I would note, we have millions of miles of pipelines across the country. So what is the alternative if you don't have a pipeline? Well, it is going to be more expensive and, frankly, the accident record is not perfect either. It includes rail or truck, often at a higher cost, which then is passed along to those consumers, impacting the most vulnerable the most. Infrastructure modernization and job growth go hand in hand with environmental and natural resource protection. Investing in our infrastructure is a smart investment for energy security, job growth, manufacturing, and creating the jobs that we want. Maintaining and expanding these economywide benefits is dependent on a transparent and a predictable regulatory approval of infrastructure projects. That is what the underlying bill does. This amendment, however, we would view as a step backward. I would urge my colleagues to oppose this amendment. I reserve the balance of my time.

Mr. UPTON. Mr. Chairman, I again remind my colleagues to oppose the amendment, and I yield back the balance of my time.

Mr. UPTON. Mr. Chairman, I would like to start out by saying that we are prepared to accept the amendment. I know that all of us here take pipeline safety very seriously, and certainly since my chairmanship of the Energy and Commerce Committee, we put safety at the forefront of our efforts to modernize our pipeline infrastructure. We passed two major bills that President Obama signed, and I think there may have been maybe a single Member that opposed that legislation over the years, but we care a lot about that. In the last Congress, we passed the PIPES Act and the FAST Act. Again, major bipartisan initiatives that Mr. Pallone and I worked out that got to President Obama's desk. Each of these two bills took important steps to update our laws to protect against emerging physical attacks as well as cyber attacks, threats to the grid, in our energy delivery systems, including pipelines. We know that multiple Federal and State agencies have a role to play and an opportunity to lead with that expertise. While the Department of Energy is the lead sector-specific agency for cybersecurity and for the energy sector, the Pipeline and Hazardous Materials Safety Administration, PHMSA, is responsible for administrating minimum pipeline safety standards, and the TSA, the Transportation Security Administration, does monitor threats to our transportation sector. I think that is where the gentleman from Massachusetts is coming from with this amendment. The amendment, I have got to say, appears to be consistent with current law, while a rigid consultation requirement could end up resulting in delays if the TSA is not able to consult in a timely manner, but, again, the language is ``consult.'' I would hope that that would happen. The amendment also appears to address pipeline facilities, but it is not clear whether it includes LNG as an example. Given the overlapping nature of Federal and State jurisdiction over pipeline safety, we want to make sure that we are doing it right and that we have got all the tools in the toolbox to make sure that that happens and we don't wonder what would have happened without this amendment. Mr. Chair, I appreciate the gentleman's amendment. We are ready to work with him, but certainly, at this point, ready to accept the amendment.

Mr. UPTON. I yield to the gentleman from Massachusetts.

Mr. UPTON. Mr. Chair, reclaiming my time, it is my understanding, I believe, that a GAO report has been requested by some of our friends on both sides of the aisle, and we welcome the completion of that report and are anxious to see the result. Mr. Chairman, again, I am prepared to accept the amendment, and I yield back the balance of my time.

Mr. UPTON. Mr. Chairman, I claim the time in opposition to the amendment.

Mr. UPTON. Mr. Chairman, FERC is the lead agency for siting interstate natural gas pipelines. We all know that. But there are a number of other Federal and State agencies that also have to issue associated permits for large-scale projects. Through the FERC prefile process, sponsors engage with landowners, local communities, and government agencies to educate stakeholders and collect the information about the best location for siting that pipeline. The underlying bill, H.R. 2910, brings much-needed certainty and transparency to the process by encouraging the stakeholders to participate in good faith early in the process. Unfortunately, this amendment, the way that we read it, would create more uncertainty and create more opportunities for delays. The overwhelming majority of Americans strongly support expanding the infrastructure. Creating the jobs, the pipelines, ensures stable and affordable supplies. Flexibility, affordable, and reliable energy is important for American families and businesses to thrive. I would note, at this point we still don't have a quorum with FERC, and we want that to change. That will be an issue that goes through the confirmation process in the Senate, but consumers really only benefit from domestic energy if we can get it to them. Investing in infrastructure is a smart investment, so I would urge my colleagues to vote ``no'' on this amendment. Mr. Chairman, I yield back the balance of my time.

Mr. UPTON. Mr. Chair, I move that the Committee do now rise.

Mr. UPTON

Mr. UPTON. Mr. Chair, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and to include extraneous material on the bill, H.R. 2883.

Mr. UPTON. Mr. Chairman, I yield myself 4 minutes. Mr. Chairman, I rise today in strong support of H.R. 2883, the Promoting Cross-Border Energy Infrastructure Act. This legislation continues the great tradition of bipartisan legislation coming out of the House Energy and Commerce Committee. Our focus has been and will continue to be building America's infrastructure, creating jobs, and strengthening our economy. I want to congratulate my colleagues and sponsors of this bill, particularly Mr. Mullin and Mr. Gene Green, Republican and Democrat, for their work on this legislation. H.R. 2883 would establish coordinated procedures to authorize the construction, connection, operation, and maintenance of international border-crossing facilities for the import and export of oil and natural gas, and the transmission of electricity. That is what the bill does. The legislation would replace the requirements established under executive order that persons obtain a Presidential permit before constructing an oil and gas pipeline or electric transmission facility that crosses the border between the U.S., Mexico, and Canada. To date, Congress has not asserted its authority to establish proceedings for permitting cross-border energy infrastructure. In the absence of a statutorily directed process, agencies have made decisions regarding cross-border energy infrastructure within the context of their interpretation of a series of executive orders dating back to the 1950s. Recent proposals, most notably the Keystone XL pipeline, have faced significant and unnecessary delays as a result of political interference in what should have been a straightforward review. There is bipartisan agreement that we should have a free flow of energy in North America. This bill is going to level the playing field for energy infrastructure projects located at the international border. The legislation takes important steps to bring fairness to the process and provide certainty to countries whom we already have a free trade agreement with and businesses that want to create jobs in the U.S. It is going to strengthen our effort to improve and update NAFTA and enhance our trilateral trading relationships. It is time Congress exercised its constitutional authority to regulate commerce with foreign nations and replace the Presidential permit requirement with a more transparent, efficient, and effective review process. Establishing the cross-border permitting process in law would lead to more objective and timely decisions, which, in turn, is going to create the jobs, strengthen our Nation's energy security, and support affordable and reliable energy for all Americans. Again, I want to thank my colleagues for their efforts on this important legislation, and I reserve the balance of my time.

Mr. UPTON. Mr. Chair, I reserve the balance of my time.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2786) to amend the Federal Power Act with respect to the criteria and process to qualify as a qualifying conduit hydropower facility, as amended.