Prohibits the commencement of construction or beginning of opera tion of Federal bulk power supply facilities two years after enactmen unless a certificate of site and facility is obtained from the Feders certifying agency. Requires that certified facilities be constructed, operated and main tained in accordance with the Certificate. Establishes transitional certification requirements and procedure for facilities under construction two years from enactment providin that if sizeable investments applicable only to the site in questio were already made certification would be granted if all necessar permits and licenses had been obtained prior to commencement c construction; and if no such investments were made that operatio of these facilities may proceed pending certification subject to an reasonable actions or conditions later required by the certificati body. Provides that facilities operational two years from enactmen need not be certified, but that sizable additions thereto must be. 6(b). Requires that all applications for a certificate of site an facility be filed at least two years prior to the commencement o construction. Establishes as a prerequisite for such filing that Federal and non Federal electric entities comply with the long-range planning require ments of Section 4; that, except for good cause, the site chosen b from the list of approved sites in accordance with Section 8(c) and the transmission line routes follow the general routes identified in the long-range plans. 6(c). Expresses the intent of Congress that State, regional, o Federal certification proceedings be completed within the two yea period prior to construction. Requires that the Federal guidelines established in accordanc with Section 9 facilitate a decision on applications for certification within 2 years. Authorizes waiver of the certification requirements in Section 6 fc good cause during the first 4 years after enactment. States a statutory presumption that compliance with the long range planning and filing requirements of Section 4 constitutes prim facie evidence of timely disclosure of construction plans for adminis trative and judicial proceeding. 6(d). Permits any non-Federal electric entity to petition th Federal certifying agency for a Certificate of site and facility if th qualified State or regional certifying agency fails to act in a timel manner on the application for that facility and if the adequacy an reliability of the regional bulk power supply system imperatively an unavoidably requires a decision; Authorizes the Federal Power Commission to prescribe by regula tion the factual bases upon which to determine whether circumstance require the Federal certifying agency to assume jurisdiction. Requires that for the Federal certifying agency to assume jurisdic tion the Federal Power Commission must first find that adequate an reliable regional bulk power supply will be materially impaired b reason of failure of State action upon a timely basis. Directs the Federal certifying agency to accord priority considera tion to such situations and to do so under the provisions of Section applying only Federal standards. PROVISIONS FOR CERTIFICATION SEC. 7. Establishes the provisions and certain procedures to be used Federal, State and regional certifying agencies when certifying power facilities. Authorizes certifying agencies to issue Certificates of site and Lity if after considering available alternatives they find the site or re will not unduly impair environmental values and will be reasony necessary to meet electric power needs; or otherwise to deny ti certificate. Provides that the judgement of the agency is conclusive on all quesths of siting, land use, state air and water quality standards, public venience and necessity, aesthetics and any other State or local irements but requires that Federal standards, permits or licenses Est have been satisfied; the intent of this section is to provide a nplete one-stop final decision on all approvals necessary at the State or local level of government. The guidelines to be established Tant to Section 9 will attempt to coordinate and integrate any dews of these facilities under Federal law with this decision-making ss so as to achieve as close to a complete one-stop procedure as is Jible. Requires that the Certificate indicate agreement by the applicant omply with the requirements of this Act and Section 202(a) of the Federal Power Act regarding reliability and adequacy of electric service. b. Require that the certifying agency assure full public review a give adequate consideration to all environmental values ining the impact on adjacent States. Authorizes the certifying agency to impose terms and conditions n issuing certificates. Directs that the certificates be final and subject only to judicial review. POWERS AND DUTIES OF CERTIFYING AGENCIES SEC. S. Delineates the duties and authorities of State, regional and Federal certifying agencies. a). Requires certifying agencies to comment on the long-range pas submitted by Federal and other electric entities in accordance with Section 4 and to make these comments public. b). Requires certifying agencies to publish in each local newspaper in the affected area annual lists describing proposed power pant sites and general transmission line routes including the approximate year when construction is expected to begin; e). Requires certifying agencies to conduct mandatory public bearings promptly on any sites proposed 5 years in advance of construction and to decide if they should be included on the inventory of approved sites and establishes as a basis for decision whether or Bot construction of any plant on that site would unduly impair important environmental values. d). Requires certifying agencies to publish promptly in each local wspaper in the affected area pertinent details concerning applicaens for Certificates of site and facility and to hold public hearings prior to issuance of the Certificate. 8(e). Authorizes certifying agencies to require Federal and othe electric entities to provide necessary information and to assist i the conduct of hearings, investigations and studies. 8(f). Authorizes certifying agencies to conduct any necessar studies or investigations. 8(g). Authorizes certifying agencies to issue rules and regulation necessary to carry out this Act after public notice and comment. GUIDELINES FOR CERTIFYING AGENCIES SEC. 9. Requires the President upon the advice of interested Feder agencies and after public notice and comment to issue and revise necessary guidelines for Federal, regional and State certifying agenci which shall include: 9(a). Criteria for effects on environmental values. 9(b). Criteria for evaluating relative environmental effects alternative sites. 9(c). Criteria for evaluating projected electric needs. 9(d). Procedures for ensuring full public participation throu consultation and hearing. 9(e). Procedures for forming regional certifying agencies. 9(f). Procedures for dealing with multi-state impacts. 9(g). Personnel requirements for State and regional agencies. EMINENT DOMAIN QUICK TAKE SEC. 10. Authorizes non-Federal systems holding certificates site and facility (electric entities) to utilize eminent domain procedur in Federal or State courts to acquire needed non-Federal proper and where the Federal courts are used, quick take procedures app COMPACTS AND JOINT ACTION SEC. 11. Encourages and facilitates cooperation among the Sta in carrying out the provisions of this Act. 11(a). Gives advance consent of Congress to the negotiation a implementation of agreements or compacts to effectuate the certifi tion procedures of the Bill through authorities or agencies, joint otherwise, as to non-Federal systems. 11(b). Expresses the intent of Congress that State certifying ag cies are to be encouraged to cooperate in planning of bulk po supply facilities and that States adopt compacts, cooperative I cedures and joint actions to coordinate and resolve environme considerations which affect bulk power supply facilities. FEE ASSESSMENT SEC. 12. Authorizes each qualified Federal, regional or State cert ing agency to assess and collect fees from electric entities and fed electric entities operating within its jurisdiction to cover the agen costs of administration, necessary studies and personnel. ADVANCED SITING AND ROUTING CONCEPTS SEC. 13. Authorize the federal certifying agency in cooperation with other interested federal agencies and the electric power industry to develop a coordinated program of studies of new and evolving power piant siting and transmission line routing concepts. FEDERAL AGENCY COOPERATION SEC. 14. Authorizes all federal departments and agencies to cooperate with the Federal, regional and State certifying authorities in carrying out the purposes of the Act; specifically to provide staff experts, information and technical assistance and to undertake studies of the environmental impact of bulk power facilities upon request. JUDICIAL REVIEW SEC. 15. Subjects the orders and decisions of federal certifying agency pursuant to this Act to review under provisions of 5 U.S.Č. 701-706. Subjects the orders and decisions of State or regional certifying agencies pursuant to this Act to review under applicable State laws. RELATION TO OTHER LAWS SEC. 16(a). States that the Act does not alter the jurisdiction of the CEQ or the requirements of the National Environmental Policy Act except. Federal agencies are not required to prepare detailed statements pursuant to Section 102(2)(C) of the National Environmental Policy Act for bulk power facilities certified under Section 6 of this Act. Federal agencies will re-examine procedures after enactment of this Act to utilize the findings of the State, regional and federal certifying agencies and thus achieve as close to a complete one-stop procedure as is possible. 16 b). States that this Act does not relieve persons or governments from the requirements or authority of the Atomic Energy Act of 1954 as amended or the Federal Power Act of 1935 as amended or from any other federal law. PENALTIES AND ENFORCEMENT SEC. 17. Provides for civil and criminal penalties for violating the provisions of the Act. 17a). Establishes civil penalties up to $10,000 per day for failure to obtain a required certificate of site and facility prior to construction of a bulk power facility or for failure to comply with such a Certificate once issued or for causing one of the above acts to occur. 17/b). Establishes criminal penalties up to $1000 per day or one year imprisonment or both for knowingly and wilfully violating subsection (a). 17(e). Permits the Attorney General to seek a civil injunction or temporary restraining order in the United States district court when the Federal certifying agency determines that a person is violating or is about to violate the provisions of subsection (a). 92D CONGRESS 1ST SESSION S. 75 IN THE SENATE OF THE UNITED STATES JANUARY 25, 1971 Mr. NELSON introduced the following bill; which was read twice and referred to the Committee on Public Works A BILL To amend the Federal Water Pollution Control Act to establish standards and programs to abate and control water pollution by synthetic detergents. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE SECTION 1. This Act may be cited as the "Detergent 5 Pollution Control Act of 1971". 6 7 8 6 10 11 DECLARATION OF POLICY AND PURPOSE SEC. 2. The Congress finds and declares that (a) the surface and ground waters in the United States are being seriously polluted and degraded by the continuing discharge into such waters of synthetic detergents whose ingredients feed polluting green algae, |