NO SPILLS Act of 2024

Bill: 118-s-5597
Sponsor: full_name: Sen. Markey, Edward J. [D-MA]
Introduced: 2024-12-18
Policy area: Environmental Protection
Latest action: action_date: 2024-12-18
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5597 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.

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 . 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. . 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 . 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. . 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). . 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). . 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: 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. . 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. .