Certainty in Litigation for Electric Asset Reliability (CLEAR) Act of 2026
Sponsored By: Representative Peters, Scott H. [D-CA-50]
Introduced
Summary
Centralize federal coordination for transmission facilities. This bill would amend the Federal Power Act by expanding section 216(h) to cover both siting and construction of transmission facilities, designate the Commission as the lead agency for facilities permitted under subsection (b), and add rules for publication, a consolidated record, and unified rehearing and judicial review.
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- Transmission developers: Federal authorization would explicitly include construction as well as siting. Each approval of a federal authorization would be treated as an order issued by the Commission for purposes of section 313.
- Federal agencies: Heads of agencies that can issue federal authorizations must publish each final agency action in the Federal Register. The Secretary must, to the extent practicable, consolidate all review and permit records for a facility into a single joint record of decision.
- Project challengers and courts: Rehearing and judicial review for coordinated federal authorizations would be available only under section 313, with references to the Commission replaced by the lead agency under section 216(h).
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Faster permitting for power lines
This bill would expand federal coordination from siting to siting and construction for electric transmission projects. The Secretary would designate the Commission as lead agency for facilities using the subsection (b) permitting path. Each federal agency head would publish each final authorization action in the Federal Register. The Secretary would consolidate, when practicable, all review records into one joint record of decision for each project. Approvals coordinated this way would be treated as Commission orders for rehearing and court review under section 313. Rehearing and judicial review would be available only under that section instead of other review paths. This would speed permitting and construction for some lines, and would make it harder for opponents to challenge approvals in court.
Sponsors & CoSponsors
Sponsor
Peters, Scott H. [D-CA-50]
CA • D
Cosponsors
Rep. Evans, Gabe [R-CO-8]
CO • R
Sponsored 9/4/2026
Roll Call Votes
No roll call votes available for this bill.
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