LNG Permitting Certainty and Transparency Act

Bill: 114-hr-351
Sponsor: full_name: Rep. Johnson, Bill [R-OH-6]
Introduced: 2015-01-14
Policy area: Energy
Subjects: Business records

Civil actions and liability

Environmental assessment, monitoring, research

Government information and archives

Judicial review and appeals

Licensing and registrations

Marine and inland water transportation

Oil and gas
Latest action: action_date: 2015-01-29
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:
action_date: 2015-01-14
action_desc: Introduced in House
text: <p><b>LNG Permitting Certainty and Transparency Act</b></p> <p>Directs the Department of Energy (DOE), for proposals that must also obtain authorization from the Federal Energy Regulatory Commission or the United States Maritime Administration to site, construct, expand, or operate liquified natural gas (LNG) export facilities, to issue a decision on an application for authorization to export natural gas within 30 days after the later of: (1) the conclusion of the review to site, construct, expand, or operate the LNG facilities required by the National Environmental Policy Act of 1969 (NEPA); or (2) the date of enactment of this Act.</p> <p>Deems any NEPA review to be concluded: (1) 30 days after publication of a required Environmental Impact Statement if the project needs one; (2) 30 days after publication by DOE of a Finding of No Significant Impact if the project needs an Environmental Assessment; and (3) upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant to regulations under NEPA.</p> <p>(A &quot;categorical exclusion&quot; under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.) <p>Confers original and exclusive jurisdiction upon the U.S. Court of Appeals for the circuit in which the export facility under an application will be located over any civil action for the review of: (1) a DOE order regarding the application, or (2) DOE failure to issue a final decision on the application.</p> <p>Requires the Court, if it finds in a civil action that DOE has failed to issue a final decision on an application, to order DOE to issue one within 30 days.</p> <p>Requires the Court to set any civil action brought under this Act on the docket, for expedited consideration, as soon as practical after the filing date of the initial pleading.</p> <p>Amends the Natural Gas Act to set as a condition for approval of any authorization to export LNG that the DOE Secretary require the applicant to disclose publicly the specific destination or destinations of any such authorized LNG exports.</p>

action_date: 2015-01-28
action_desc: Passed House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>LNG Permitting Certainty and Transparency Act</b></p> <p>(Sec. 2) Directs the Department of Energy (DOE), for proposals that must also obtain authorization from the Federal Energy Regulatory Commission or the United States Maritime Administration to site, construct, expand, or operate liquified natural gas (LNG) export facilities, to issue a decision on an application for authorization to export natural gas within 30 days after the later of: (1) the conclusion of the review to site, construct, expand, or operate the LNG facilities required by the National Environmental Policy Act of 1969 (NEPA); or (2) the date of enactment of this Act.</p> <p>Deems any NEPA review to be concluded: (1) 30 days after publication of a required Environmental Impact Statement if the project needs one; (2) 30 days after publication by DOE of a Finding of No Significant Impact if the project needs an Environmental Assessment; and (3) upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant to regulations under NEPA.</p> <p>(A &quot;categorical exclusion&quot; under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.) <p>Confers original and exclusive jurisdiction upon the U.S. Court of Appeals for the circuit in which the export facility under an application will be located over any civil action for the review of: (1) a DOE order regarding the application, or (2) DOE failure to issue a final decision on the application.</p> <p>Requires the Court, if it finds in a civil action that DOE has failed to issue a final decision on an application, to order DOE to issue one within 30 days.</p> <p>Requires the Court to set any civil action brought under this Act on the docket for expedited consideration as soon as practical after the filing date of the initial pleading.</p> <p>(Sec. 3) Amends the Natural Gas Act to set as a condition for approval of any authorization to export LNG that the DOE Secretary require the applicant to disclose publicly the specific destination or destinations of any such authorized LNG exports.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 351 IN THE HOUSE OF REPRESENTATIVES January 14, 2015 Mr. Johnson of Ohio (for himself, Mr. Gene Green of Texas , Mr. Turner , Mr. Cuellar , Mr. Olson , Mr. Ryan of Ohio , and Mr. Flores ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for expedited approval of exportation of natural gas, and for other purposes.

1. Short title This Act may be cited as the LNG Permitting Certainty and Transparency Act . 2. Action on applications (a) Decision deadline For proposals that must also obtain authorization from the Federal Energy Regulatory Commission or the United States Maritime Administration to site, construct, expand, or operate LNG export facilities, the Department of Energy shall issue a final decision on any application for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) not later than 30 days after the later of— (1) the conclusion of the review to site, construct, expand, or operate the LNG facilities required by the National Environmental Policy Act of 1969 (42 U.S. C. 4321 et seq.); or (2) the date of enactment of this Act. (b) Conclusion of review For purposes of subsection (a), review required by the National Environmental Policy Act of 1969 shall be considered concluded— (1) for a project requiring an Environmental Impact Statement, 30 days after publication of a Final Environmental Impact Statement; (2) for a project for which an Environmental Assessment has been prepared, 30 days after publication by the Department of Energy of a Finding of No Significant Impact; and (3) upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant National Environmental Policy Act of 1969 implementing regulations. (c) Judicial action (1) The United States Court of Appeals for the circuit in which the export facility will be located pursuant to an application described in subsection (a) shall have original and exclusive jurisdiction over any civil action for the review of— (A) an order issued by the Department of Energy with respect to such application; or (B) the Department of Energy’s failure to issue a final decision on such application. (2) If the Court in a civil action described in paragraph (1) finds that the Department of Energy has failed to issue a final decision on the application as required under subsection (a), the Court shall order the Department of Energy to issue such final decision not later than 30 days after the Court’s order. (3) The Court shall set any civil action brought under this subsection for expedited consideration and shall set the matter on the docket as soon as practical after the filing date of the initial pleading. 3. Public disclosure of export destinations Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended by adding at the end the following: (g) Public Disclosure of LNG Export Destinations As a condition for approval of any authorization to export LNG, the Secretary of Energy shall require the applicant to publicly disclose the specific destination or destinations of any such authorized LNG exports. .

tv_txt: I 114th CONGRESS 1st Session H. R. 351 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide for expedited approval of exportation of natural gas, and for other purposes.

1. Short title This Act may be cited as the LNG Permitting Certainty and Transparency Act . 2. Action on applications (a) Decision deadline For proposals that must also obtain authorization from the Federal Energy Regulatory Commission or the United States Maritime Administration to site, construct, expand, or operate LNG export facilities, the Department of Energy shall issue a final decision on any application for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) not later than 30 days after the later of— (1) the conclusion of the review to site, construct, expand, or operate the LNG facilities required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (2) the date of enactment of this Act. (b) Conclusion of review For purposes of subsection (a), review required by the National Environmental Policy Act of 1969 shall be considered concluded— (1) for a project requiring an Environmental Impact Statement, 30 days after publication of a Final Environmental Impact Statement; (2) for a project for which an Environmental Assessment has been prepared, 30 days after publication by the Department of Energy of a Finding of No Significant Impact; and (3) upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant National Environmental Policy Act of 1969 implementing regulations. (c) Judicial action (1) The United States Court of Appeals for the circuit in which the export facility will be located pursuant to an application described in subsection (a) shall have original and exclusive jurisdiction over any civil action for the review of— (A) an order issued by the Department of Energy with respect to such application; or (B) the Department of Energy’s failure to issue a final decision on such application. (2) If the Court in a civil action described in paragraph (1) finds that the Department of Energy has failed to issue a final decision on the application as required under subsection (a), the Court shall order the Department of Energy to issue such final decision not later than 30 days after the Court’s order. (3) The Court shall set any civil action brought under this subsection for expedited consideration and shall set the matter on the docket as soon as practical after the filing date of the initial pleading. 3. Public disclosure of export destinations Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended by adding at the end the following: (g) Public Disclosure of LNG Export Destinations As a condition for approval of any authorization to export LNG, the Secretary of Energy shall require the applicant to publicly disclose the specific destination or destinations of any such authorized LNG exports. .

Passed the House of Representatives January 28, 2015. Karen L. Haas, Clerk.

tv_txt: IIB 114th CONGRESS 1st Session H. R. 351 IN THE SENATE OF THE UNITED STATES January 29, 2015 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To provide for expedited approval of exportation of natural gas, and for other purposes.

1. Short title This Act may be cited as the LNG Permitting Certainty and Transparency Act . 2. Action on applications (a) Decision deadline For proposals that must also obtain authorization from the Federal Energy Regulatory Commission or the United States Maritime Administration to site, construct, expand, or operate LNG export facilities, the Department of Energy shall issue a final decision on any application for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) not later than 30 days after the later of— (1) the conclusion of the review to site, construct, expand, or operate the LNG facilities required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (2) the date of enactment of this Act. (b) Conclusion of review For purposes of subsection (a), review required by the National Environmental Policy Act of 1969 shall be considered concluded— (1) for a project requiring an Environmental Impact Statement, 30 days after publication of a Final Environmental Impact Statement; (2) for a project for which an Environmental Assessment has been prepared, 30 days after publication by the Department of Energy of a Finding of No Significant Impact; and (3) upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant National Environmental Policy Act of 1969 implementing regulations. (c) Judicial action (1) The United States Court of Appeals for the circuit in which the export facility will be located pursuant to an application described in subsection (a) shall have original and exclusive jurisdiction over any civil action for the review of— (A) an order issued by the Department of Energy with respect to such application; or (B) the Department of Energy’s failure to issue a final decision on such application. (2) If the Court in a civil action described in paragraph (1) finds that the Department of Energy has failed to issue a final decision on the application as required under subsection (a), the Court shall order the Department of Energy to issue such final decision not later than 30 days after the Court’s order. (3) The Court shall set any civil action brought under this subsection for expedited consideration and shall set the matter on the docket as soon as practical after the filing date of the initial pleading. 3. Public disclosure of export destinations Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended by adding at the end the following: (g) Public Disclosure of LNG Export Destinations As a condition for approval of any authorization to export LNG, the Secretary of Energy shall require the applicant to publicly disclose the specific destination or destinations of any such authorized LNG exports. .

Passed the House of Representatives January 28, 2015. Karen L. Haas, Clerk