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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10207 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                               H. R. 10207

    To amend the Natural Gas Act to require that impacts to climate 
    stability, consumer energy costs, and environmental justice be 
   considered in a determination of whether proposed exportation of 
     natural gas is in the public interest, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2024

   Mr. Casten (for himself, Ms. Barragan, Ms. Castor of Florida, Mr. 
 Grijalva, Mr. Huffman, Ms. Kuster, Ms. Lee of California, Mr. Levin, 
  Mr. Mullin, Mr. McGovern, Mr. Nadler, Ms. Norton, Ms. Pingree, Mrs. 
Ramirez, Ms. Schakowsky, and Ms. Tlaib) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
    To amend the Natural Gas Act to require that impacts to climate 
    stability, consumer energy costs, and environmental justice be 
   considered in a determination of whether proposed exportation of 
     natural gas is in the public interest, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``LNG Public Interest Determination 
Act of 2024''.

SEC. 2. EXPORTATION OF NATURAL GAS.

    (a) Exportation of Natural Gas.--Section 3 of the Natural Gas Act 
(15 U.S.C. 717b) is amended by adding at the end the following:
    ``(g) Exportation of Natural Gas.--
            ``(1) Order required.--No person shall export any natural 
        gas from the United States to a foreign country without first 
        having secured an order of the Secretary of Energy authorizing 
        it to do so. The Secretary of Energy may issue such order upon 
        application only if, after opportunity for hearing, the 
        Secretary of Energy finds that the proposed exportation will be 
        consistent with the public interest. The Secretary of Energy 
        may by its order grant such application, in whole or in part, 
        with such modification and upon such terms and conditions as 
        the Secretary of Energy may find necessary or appropriate, and 
        may from time to time, after opportunity for hearing, and for 
        good cause shown, issue such supplemental order for such 
        exportation as it may find necessary or appropriate.
            ``(2) Deadline.--The Secretary of Energy shall find whether 
        proposed exportation of natural gas will be consistent with the 
        public interest under paragraph (1) by not later than the date 
        that is 1 year after the later of--
                    ``(A) the date on which the Secretary of Energy 
                receives the final environmental impact statement for 
                such proposed exportation from the Federal Energy 
                Regulatory Commission; and
                    ``(B) the date on which the Secretary completes 
                each assessment required by paragraph (4).
            ``(3) Public interest finding.--The Secretary of Energy may 
        find that proposed exportation of natural gas for which an 
        application is submitted under paragraph (1) will be consistent 
        with the public interest under such paragraph only if the 
        Secretary of Energy determines, based on the applicable 
        assessment under paragraph (4), that the proposed exportation 
        of natural gas will not be likely to--
                    ``(A) significantly contribute to climate change, 
                including by slowing the global energy transition 
                needed to achieve deep reductions of global greenhouse 
                gas emissions within the next decade and net-zero 
                global greenhouse gas emissions not later than 2050;
                    ``(B) materially increase energy prices or energy 
                price volatility for any segment of United States 
                consumers; or
                    ``(C) create a disproportionate cumulative burden 
                of adverse human or environmental impacts on rural, 
                low-income, minority, and other vulnerable communities.
            ``(4) Assessments.--
                    ``(A) Climate change assessment.--A determination 
                under paragraph (3)(A) shall be based on an assessment 
                of the expected impact of the proposed exportation of 
                natural gas on climate change. Such assessment shall be 
                based on the latest scientific information and use the 
                20-year global warming potential of methane, and shall 
                include--
                            ``(i) quantified estimates of the 
                        greenhouse gas emissions associated with the 
                        full lifecycle of the natural gas proposed for 
                        exportation, including emissions associated 
                        with the extraction, transportation, 
                        liquefaction, storage, regasification, and 
                        consumption of such natural gas;
                            ``(ii) a comparison of the estimated 
                        greenhouse gas emissions in clause (i) to a 
                        baseline that is consistent with United States 
                        international commitments to achieve deep 
                        reductions of global greenhouse gas emissions 
                        within the next decade and deep decarbonization 
                        pathways toward net-zero global greenhouse gas 
                        emissions not later than 2050;
                            ``(iii) an assessment of the potential 
                        effects of the proposed exportation of natural 
                        gas on clean energy alternatives, including--
                                    ``(I) any decrease in global 
                                investment in and deployment of 
                                renewable energy, electrification, and 
                                energy efficiency and conservation 
                                technologies; and
                                    ``(II) any decrease in United 
                                States exports of clean energy 
                                technologies;
                            ``(iv) quantified estimates of the social 
                        cost of the estimated greenhouse gas emissions 
                        in clause (i); and
                            ``(v) an identification of the extent to 
                        which climate change is accelerating the loss 
                        of economic value in the United States due to 
                        rising sea levels, more intense storms, eroding 
                        coasts, increased risk and severity of wild 
                        fires, and other impacts associated with 
                        climate change.
                    ``(B) Economic assessment.--A determination under 
                paragraph (3)(B) shall be based on an assessment of the 
                expected economic impact of the proposed exportation of 
                natural gas, including an assessment of the impact of 
                the proposed exportation on all United States 
                consumers, with specific estimates regarding each of 
                the following consumer subgroups:
                            ``(i) Low-income consumers.
                            ``(ii) Working families.
                            ``(iii) Small businesses.
                            ``(iv) Manufacturers.
                            ``(v) State and local governments.
                            ``(vi) Producers and users of fertilizer.
                    ``(C) Environmental justice assessment.--A 
                determination under paragraph (3)(C) shall be based on 
                an assessment of the expected impact of the proposed 
                exportation of natural gas on environmental justice 
                (which shall be consistent with Executive Order 14096 
                (42 U.S.C. 4321 note; relating to revitalizing our 
                Nation's commitment to environmental justice for all), 
                as published April 21, 2023), including assessments of 
                impacts on--
                            ``(i) the preexisting cumulative 
                        environmental burdens and social and health 
                        risks posed to rural, low-income, minority, and 
                        other vulnerable communities;
                            ``(ii) local fisheries and the economic 
                        livelihood of the people employed by local 
                        fisheries;
                            ``(iii) racial and socioeconomic 
                        disparities in impacted communities; and
                            ``(iv) compliance with civil rights laws.
            ``(5) Public participation.--The Secretary of Energy 
        shall--
                    ``(A) provide to the public an opportunity to 
                meaningfully participate, including by providing 
                comments, in--
                            ``(i) the finding of the Secretary of 
                        Energy on whether proposed exportation will be 
                        consistent with the public interest under 
                        paragraph (1); and
                            ``(ii) any study by the Department of 
                        Energy intended to inform such finding; and
                    ``(B) ensure that opportunities to meaningfully 
                participate under subparagraph (A) address barriers 
                that affect members of communities with environmental 
                justice concerns, including those related to 
                disability, language access, and lack of resources.
            ``(6) Major federal action.--Issuing an order authorizing 
        the exportation of natural gas under this subsection shall be 
        considered a major Federal action under section 102(2)(C) of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)).''.
    (b) Conforming Amendments.--Section 3 of the Natural Gas Act (15 
U.S.C. 717b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``export any natural gas from the 
                United States to a foreign country or'';
                    (B) by inserting ``to the United States'' after 
                ``from a foreign country''; and
                    (C) by striking ``exportation or''; and
            (2) in subsection (c)--
                    (A) by striking ``, or the exportation of natural 
                gas to a nation with which there is in effect a free 
                trade agreement requiring national treatment for trade 
                in natural gas,''; and
                    (B) by striking ``or exportation''.

SEC. 3. PROCESS COORDINATION; HEARINGS; RULES OF PROCEDURE.

    Section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1)) is 
amended by striking ``Commission'' and inserting ``Federal Energy 
Regulatory Commission''.

SEC. 4. TERMINATION OF CATEGORICAL EXCLUSION FOR APPROVAL OR 
              DISAPPROVAL OF THE EXPORTATION OF NATURAL GAS.

    The categorical exclusion under B5.7 of appendix B to subpart D of 
part 1021 of title 10, Code of Federal Regulations, (relating to export 
of natural gas and associated transportation by marine vessel) shall 
have no force or effect.

SEC. 5. RULEMAKING.

    Not later than one year after the date of enactment of this Act, 
the Secretary of Energy shall issue a rule to carry out this Act and 
the amendments made by this Act.
                                 <all>
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