The U.S. House of Representatives Natural Resources Committee on Wednesday approved legislation aimed at blocking construction of a power line across Arkansas.
The bill, known as the Assuring Private Property Rights Over Vast Access to Land (APPROVAL) Act, passed 19-11.
It would prevent the federal government from "using the power of eminent domain to implement modernization of electricity transmission infrastructure" unless it receives permission from the governors and public utilities commissions of the states where the property would be taken. If the land is on an Indian reservation, officials would also have to receive approval from the relevant tribe.
The measure, HR3062, comes as Clean Line Energy Partners is seeking to build a power line that would stretch across the state, carrying wind-generated power from northern Oklahoma to Tennessee.
The proposal has drawn opposition from landowners and local officials in Arkansas, who say the project would harm property values and could threaten migrating waterfowl.
Supporters say the project would be environmentally friendly and provide a huge amount of renewable energy that would have a smaller carbon footprint than traditional power plants.
The power line failed to receive support from Arkansas officials, but the company is now partnering with the federal government to get the project built. Section 1222 of the Energy Policy Act of 2005 allows the energy secretary and private companies to work together on the development of "electric power transmission facilities." The Energy Department signed off on the project in March.
The line would enter Arkansas just north of Van Buren and would exit the state south of Wilson in Mississippi County if the preferred route is adopted. It would carry 4,000 megawatts, enough to supply 1 million homes, officials said.
U.S. Rep. Steve Womack, R-Ark., sponsored the APPROVAL Act, which is co-sponsored by Arkansas' three other U.S. House representatives.
The Rogers Republican said he is "thrilled that a bill that is terribly important to our state has cleared that first big hurdle. It's a big first step and it's a necessary step."
He accused federal officials of attempting an end run around Arkansas officials.
"I don't see any reason why the state shouldn't have a vote in this matter," he said.
U.S. Rep. Bruce Westerman, R-Ark., a committee member who voted for the legislation, said the bill is "an attempt to stop overreach [by] the federal government."
The Hot Springs Republican accused Clean Line of ignoring the will of the people.
"The state of Arkansas, just like the state of Missouri, told them 'no' and now they're going to the federal government," Westerman said. "Arkansas is basically just an obstacle that's in their way. We're just an inconvenience for them."
In a statement, Clean Line said it is "disappointed" by Wednesday's vote.
"This bill targets one project and changes the rules in the last quarter of the game, after a nearly six-year long review process and a private investment of close to $100 million. Large field crews have been mobilized and are already working in Arkansas, Oklahoma and Tennessee, preparing for the construction of the Plains & Eastern Clean Line project. Manufacturers in Arkansas and other states are testing equipment and planning for production next year; one new factory in West Memphis ... is currently under construction preparing to manufacture the critical equipment for the project in Arkansas," it said. "If a bill like this were to become law, it would kill jobs by creating significant barriers to the many businesses in Arkansas, and other states, that build American infrastructure, as well as raise electric power costs."
Glen Hooks, chapter director of the Sierra Club of Arkansas, said the legislation is "blatantly unfair" to Clean Line.
"Wind energy is good for America and this project is specifically good for Arkansas," Hooks said in a written statement. "We call on the Arkansas congressional delegation to drop their opposition, and to stand up for clean air, clean energy jobs, and fundamental fairness."
U.S. Rep. Rob Bishop, R-Utah, chairman of the House Committee on Natural Resources, said: "This bill is crucial to protecting private property rights of all Arkansans. It elevates state voices, allowing those impacted to have a say in proposed interstate transmission projects. I thank the entire Arkansas congressional delegation for this commonsense legislation to ensure the protection of private property rights."
Metro on 06/16/2016