The Department of Energy (DOE) is authorized under current law to participate with nonfederal entities in the development of electric power transmission projects, subject to certain conditions. Under section 1222 of the Energy Policy Act of 2005, that participation may include owning, building, or operating transmission facilities that are located in any of the 19 states that have customers served by either the Southwestern or Western Area Power Administrations (SWPA or WAPA). As a federal agency, DOE may use eminent domain to acquire property and is exempt from other state, local, or tribal regulations.
H.R. 3062 would prohibit DOE from exercising the power of eminent domain for projects implemented under section 1222 unless certain state and tribal officials affected by such projects explicitly approve of them.
CBO estimates that enacting H.R. 3062 would reduce direct spending by about $400 million over the 2017-2026 period by reducing the probability that the Department of Energy would participate as an owner, operator, or builder of such transmission projects. Because the bill would affect direct spending, pay-as-you-go procedures apply. Enacting the bill would not affect revenues.
CBO estimates that enacting H.R. 3062 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027.
H.R. 3062 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments.