Promoting Cross-border Energy Infrastructure Act
The Promoting Cross-border Energy Infrastructure Act would dramatically streamline and standardize the federal process for building and operating energy facilities that cross the U.S. border with Canada or Mexico. The core idea is to replace the current system of presidential permits with a unified “certificate of crossing” process. For oil and natural gas pipelines, the certificate would be issued by the Federal Energy Regulatory Commission (FERC); for electric transmission facilities, the Department of Energy (DOE) would issue the certificate, with additional reliability requirements tied to the electric grid. The bill also accelerates approvals for natural gas trades with Canada and Mexico (a 30-day timeline) and repeals certain longstanding federal requirements related to cross-border transmission, while preserving other Federal authorities and environmental reviews. A key feature is that most provisions take effect one year after enactment, and agencies must implement new rulemakings within stated deadlines. In short, the bill aims to speed up and centralize cross-border energy approvals, reduce the role of presidential permits, and strengthen grid reliability standards for cross-border electricity, while still requiring NEPA analysis and maintaining other existing energy laws where applicable. Critics may view the package as accelerating approvals at the potential expense of environmental or local-review processes, whereas supporters would point to greater energy security and North American energy integration.
Key Points
- 1Creation of a certificate of crossing requirement for border-crossing facilities
- 2- Oil/natural gas pipelines: FERC issues the certificate of crossing.
- 3- Electric transmission facilities: DOE issues the certificate of crossing.
- 4- A 120-day clock applies after the relevant NEPA final action to issue the certificate unless the project is not in the public interest; the Secretary of Energy adds reliability conditions for electric facilities.
- 5Exclusions and existing projects
- 6- Facilities already operating, with a Presidential permit, or applications pending as of enactment have special exclusions or transition rules.
- 7- Modifications to existing pipelines or electric facilities, or to facilities with already-issued permits or crossing certificates, do not require new crossing certificates.
- 8No Presidential Permit required; alignment with reliability standards
- 9- The bill removes the need for Presidential permits for border-crossing oil, gas, or electric facilities, replacing them with crossing certificates.
- 10- Electric facilities must comply with Electric Reliability Organization (ERO)/regional entity standards and the control areas of applicable ISO/RTOs.
- 11Accelerated cross-border natural gas processes
- 12- Applications to import/export natural gas with Canada or Mexico must be approved within 30 days after a complete application is received.
- 13Revisions to cross-border electricity processes and related law changes
- 14- Repeals the requirement to secure an order under FPA Section 202(e) for cross-border transmission; amends related provisions to reflect a new framework under the Secretary’s hearings and findings.
- 15- Adjusts state regulatory language and PURPA provisions to align with the new crossing framework.
- 16Rulemaking deadlines and effective date
- 17- Effective date is one year after enactment.
- 18- Agencies must publish a proposed rule within 180 days and a final rule within one year to implement the crossing-certification framework.