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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5597 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5597

To amend the Deepwater Port Act of 1974 to improve community outreach, 
     public participation, and the consideration of community and 
 environmental impacts with respect to the issuance of a license under 
                   that Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 18 (legislative day, December 16), 2024

Mr. Markey (for himself and Mr. Merkley) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To amend the Deepwater Port Act of 1974 to improve community outreach, 
     public participation, and the consideration of community and 
 environmental impacts with respect to the issuance of a license under 
                   that Act, 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 ``Nautical Oversight, Safety, and 
Protection of Inflammable Liquids by Law in the Sea Act of 2024'' or 
the ``NO SPILLS Act of 2024''.

SEC. 2. DEFINITIONS.

    Section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502) is 
amended--
            (1) in paragraph (5), in the first sentence, by striking 
        ``including waters'' and inserting ``(including waters'';
            (2) by redesignating paragraphs (10), (11), and (12) 
        through (19) as paragraphs (13), (16), and (18) through (25), 
        respectively;
            (3) by inserting after paragraph (9) the following:
            ``(10) Environment.--The term `environment' includes--
                    ``(A) water, air, and land; and
                    ``(B) the interrelationship that exists among and 
                between water, air, and land and all present and future 
                generations of living beings.
            ``(11) Environmental justice community.--The term 
        `environmental justice community' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and Indigenous communities, that 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects.
            ``(12) Environmental protection; protection of the 
        environment.--The terms `environmental protection' and 
        `protection of the environment' mean wide-ranging measures to 
        prevent or mitigate negative impacts to the environment, 
        including the preservation of ocean ecosystems and the 
        mitigation of air pollutants.'';
            (4) by inserting after paragraph (13) (as so redesignated) 
        the following:
            ``(14) Impacted community.--The term `impacted community' 
        means--
                    ``(A) residents of an adjacent coastal State who 
                may be impacted, including through ecological harm, 
                economic disruption, or social displacement, by--
                            ``(i) the permitting of a deepwater port; 
                        or
                            ``(ii) a spill, leak, or other disaster at 
                        a deepwater port; and
                    ``(B) workers who may be impacted, and labor 
                organizations and worker advocacy organizations 
                representing workers who may be impacted, by--
                            ``(i) the permitting of a deepwater port; 
                        or
                            ``(ii) a spill, leak, or other disaster at 
                        a deepwater port.
            ``(15) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).''; 
        and
            (5) by inserting after paragraph (16) (as so redesignated) 
        the following:
            ``(17) Low-income community.--The term `low-income 
        community' means a census block group in which 30 percent or 
        more of the population are individuals with an annual household 
        income equal to, or less than, the greater of--
                    ``(A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    ``(B) 200 percent of the Federal poverty line.''.

SEC. 3. CONDITIONS FOR ISSUANCE OF A LICENSE FOR THE OWNERSHIP, 
              CONSTRUCTION, AND OPERATION OF A DEEPWATER PORT.

    (a) In General.--Section 4(c) of the Deepwater Port Act of 1974 (33 
U.S.C. 1503(c)) is amended--
            (1) in paragraph (3), by striking ``and environmental 
        quality'' and inserting ``, protection of the environment, and 
        protection of environmental justice communities and impacted 
        communities''; and
            (2) in paragraph (8), by striking ``State'' and all that 
        follows through ``approves'' and inserting ``State, and the 
        governing body of each Indian Tribe, within which there are 
        impacted communities, approves''.
    (b) Limits on Liability.--Section 1004(a) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2704(a)) is amended--
            (1) in paragraph (1)(C)--
                    (A) in clause (i)--
                            (i) in subclause (I), by striking 
                        ``$22,000,000'' and inserting ``$70,000,000''; 
                        and
                            (ii) in subclause (II), by striking 
                        ``$16,000,000'' and inserting ``$60,000,000''; 
                        and
                    (B) in clause (ii)--
                            (i) in subclause (I), by striking 
                        ``$6,000,000'' and inserting ``$32,000,000''; 
                        and
                            (ii) in subclause (II), by striking 
                        ``$4,000,000'' and inserting ``$26,000,000''; 
                        and
            (2) in paragraph (2)--
                    (A) by striking ``$950'' and inserting ``$4,000''; 
                and
                    (B) by striking ``$800,000'' and inserting 
                ``$2,000,000''.
    (c) Financial Responsibility Requirements.--Section 1016(c)(1) of 
the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (i), by striking ``$35,000,000'' and 
                inserting ``$105,000,000''; and
                    (B) in clause (ii), by striking ``$10,000,000'' and 
                inserting ``$70,000,000''; and
            (2) in subparagraph (C), by striking ``$150,000,000'' and 
        inserting ``$300,000,000''.

SEC. 4. OUTREACH TO IMPACTED COMMUNITIES, PUBLIC COMMENT, AND PUBLIC 
              HEARINGS.

    Section 5(g) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(g)) 
is amended--
            (1) by striking ``(g) A license'' and inserting the 
        following:
    ``(g) Outreach, Public Notice, Public Comment, and Public 
Hearings.--
            ``(1) In general.--A license'';
            (2) in paragraph (1) (as so designated)--
                    (A) in the first sentence, by striking ``public 
                notice and public hearings'' and inserting ``public 
                notice, comment, and hearings''; and
                    (B) in the second sentence, by striking ``At 
                least'' and inserting the following:
            ``(2) Outreach.--The Secretary shall conduct active and 
        ongoing outreach to impacted communities, especially those that 
        are also environmental justice communities, including through 
        representative civil, business, environmental, neighborhood, 
        health, education, labor, and other organizations.
            ``(3) Public notice, comment, and hearings.--
                    ``(A) Notice.--Notice of a public comment period or 
                public hearing shall be provided through multiple 
                communication methods accessible to an impacted 
                community, which may include--
                            ``(i) electronic media;
                            ``(ii) newspapers;
                            ``(iii) radio;
                            ``(iv) direct mailings;
                            ``(v) canvassing; and
                            ``(vi) other outreach methods particularly 
                        targeted at environmental justice communities.
                    ``(B) Public comment periods.--All public comment 
                periods associated with a proposed deepwater port 
                project shall be 90 days or longer.
                    ``(C) Public hearings.--
                            ``(i) Notice.--Notice of a public hearing 
                        shall be provided at least 30 days before the 
                        date of the hearing.
                            ``(ii) Requirement.--At least''; and
            (3) in paragraph (3) (as so designated)--
                    (A) in subparagraph (C) (as so designated)--
                            (i) in clause (ii) (as so designated), in 
                        the second sentence, by striking ``Any 
                        interested'' and inserting the following:
                            ``(iii) Participation.--Any interested'';
                            (ii) in clause (iii) (as so designated), in 
                        the second sentence, by striking ``After 
                        hearings in each adjacent coastal State'' and 
                        inserting the following:
                            ``(iv) Adjudicatory hearing.--
                                    ``(I) In general.--After all 
                                hearings under clause (ii)'';
                            (iii) in clause (iv) (as so designated)--
                                    (I) in subclause (I) (as so 
                                designated), in the second sentence, by 
                                striking ``The record'' and inserting 
                                the following:
                                    ``(II) Use of record.--The 
                                record''; and
                                    (II) in subclause (II) (as so 
                                designated), in the second sentence, by 
                                striking ``Hearings held'' and 
                                inserting the following:
                            ``(v) Consolidation of hearings.--
                                    ``(I) Interagency consolidation.--
                                Hearings held''; and
                            (iv) in clause (v)(I) (as so designated), 
                        in the second sentence, by striking ``All 
                        public'' and inserting the following:
                                    ``(II) Consolidation within 
                                application areas.--All public''; and
                    (B) by adding at the end the following:
                    ``(D) Documents.--All documents made available for 
                public review shall be translated into each language 
                spoken by impacted populations.''.

SEC. 5. NATIONAL INTEREST DETERMINATION.

    Section 5(i)(3) of the Deepwater Port Act of 1974 (33 U.S.C. 
1504(i)(3)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Public opinion and the impact of the proposed 
                deepwater port on impacted communities and, especially, 
                environmental justice communities, as determined 
                through public comment and hearings under subsection 
                (g).''.

SEC. 6. ENVIRONMENTAL REVIEW CRITERIA.

    Section 6 of the Deepwater Port Act of 1974 (33 U.S.C. 1505) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by inserting ``recreation,'' 
                after ``fishing,'';
                    (B) in paragraph (6)--
                            (i) by inserting ``, safety,'' after 
                        ``health''; and
                            (ii) by striking ``and'' at the end;
                    (C) by redesignating paragraphs (1) through (5), 
                (6), and (7) as subparagraphs (A) through (E), (G), and 
                (N), respectively, and indenting appropriately;
                    (D) by inserting after subparagraph (E) (as so 
                redesignated) the following:
                    ``(F) the effect on air qualify from all activities 
                related to operation and construction of the deepwater 
                port;'';
                    (E) by inserting after subparagraph (G) (as so 
                redesignated) the following:
                    ``(H) the health and climate impact on--
                            ``(i) impacted communities; and
                            ``(ii) environmental justice communities 
                        nationwide;
                    ``(I) the effect on--
                            ``(i) national policy goals; and
                            ``(ii) the commitment of the United States 
                        to transition away from fossil fuels to clean 
                        renewable energy;
                    ``(J) the effect on threatened and endangered 
                species, their critical habitat, and their ability to 
                adapt to a changing environment;
                    ``(K) compliance with the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 
                et seq.), and the Marine Mammal Protection Act of 1972 
                (16 U.S.C. 1361 et seq.);
                    ``(L) the effect of all upstream and downstream 
                activities on all outcomes described in subparagraphs 
                (A) through (K);
                    ``(M) the cumulative effect, on all outcomes 
                described in subparagraphs (A) through (K), of all 
                activities relating to the deepwater port combined with 
                the cumulative effect of all activities relating to all 
                deepwater ports proposed, under construction, or 
                operating in the same geographic region; and''; and
                    (F) in the matter preceding subparagraph (A) (as so 
                redesignated), by striking ``Act. Such criteria'' and 
                inserting the following: ``Act of 1969 (42 U.S.C. 4321 
                et seq.).
            ``(2) Use of criteria.--The criteria established pursuant 
        to paragraph (1)''; and
                    (G) in the matter preceding paragraph (2) (as so 
                designated), by striking ``The Secretary'' and 
                inserting the following:
            ``(1) In general.--The Secretary''; and
            (2) in subsection (b)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Requirement.--Not later than 1 year after the date of 
        enactment of the NO SPILLS Act of 2024, the Secretary, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, the Administrator of the National Oceanic 
        and Atmospheric Administration, and any other Federal 
        departments or agencies having jurisdiction over any aspect of 
        the construction or operation of a deepwater port, shall update 
        the criteria established pursuant to subsection (a).''.

SEC. 7. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.

    The Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) is amended 
by inserting after section 6 the following:

``SEC. 7. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT FOR PROJECTS IN 
              THE GULF OF MEXICO.

    ``(a) Definition of Programmatic Environmental Impact Statement.--
The term `programmatic environmental impact statement' means an 
environmental impact statement (as defined in section 111 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4336e)) that is a 
programmatic environmental document (as defined in that section).
    ``(b) Programmatic EIS for the Gulf of Mexico.--Not later than 1 
year after the date of enactment of the NO SPILLS Act of 2024, the 
Secretary shall prepare, in accordance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this Act, a 
programmatic environmental impact statement to assess the impacts, 
including with respect to climate change, of all deepwater port 
projects in the Gulf of Mexico proposed, pending, or approved on or 
after the date of enactment of the NO SPILLS Act of 2024.
    ``(c) Prohibition.--Notwithstanding any other provision of law, 
beginning on the date of enactment of this Act, the Secretary may not 
issue a license or permit for a new deepwater port under this or any 
other Act until the date on which the programmatic environmental impact 
statement required under subsection (b) is completed.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.

SEC. 8. PROHIBITION OF LIQUEFIED NATURAL GAS RESEARCH IN MARITIME 
              ENVIRONMENTAL AND TECHNICAL ASSISTANCE PROGRAM.

    Section 50307 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(f) Prohibition of Liquefied Natural Gas Research.--No funds made 
available under this section may be used for liquefied natural gas 
research.''.
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