To amend the Natural Gas Act to establish a deadline for the review of applications for natural gas export and import orders, and for other purposes.

Bill: 118-hr-8022
Sponsor: full_name: Rep. Higgins, Clay [R-LA-3]
Introduced: 2024-04-16
Policy area: Energy
Latest action: action_date: 2024-04-19
text: Referred to the Subcommittee on Energy, Climate and Grid Security.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 8022 IN THE HOUSE OF REPRESENTATIVES April 16, 2024 Mr. Higgins of Louisiana introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Natural Gas Act to establish a deadline for the review of applications for natural gas export and import orders, and for other purposes.

1. Review of applications for natural gas export and import orders (a) Deadline for review of applications Section 3(a) of the Natural Gas Act ( 15 U.S.C. 717b(a) ) is amended— (1) by striking After six months and inserting the following: (1) After six months ; (2) by striking The Commission shall issue such order upon application, and inserting Except as provided in subsection (c), the Secretary of Energy shall grant or deny an application for such an order by not later than 180 days after receiving the application. The Secretary shall grant such an application, ; and (3) by adding at the end the following: (2) Effect of delays (A) Report If the Secretary of Energy fails to grant or deny an application for an order under this subsection to export or import natural gas by the deadline described in paragraph (1), the Secretary of Energy shall, not later than 30 days after such deadline, submit to Congress a report that details the reason for the failure. (B) Application review by FERC Notwithstanding section 402(f) of the Department of Energy Organization Act ( 42 U.S.C. 7172(f) ), if the Secretary of Energy fails to grant or deny an application for an order under this subsection to export or import natural gas by the deadline described in paragraph (1), the Federal Energy Regulatory Commission shall grant the application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not be consistent with the public interest. (3) Appeal of denial of an application If the Secretary of Energy denies an application for an order under this subsection to export or import natural gas, the applicant may submit to the Federal Energy Regulatory Commission a request to grant the application. The Federal Energy Regulatory Commission shall grant the application or affirm the denial by not later than 60 days after receiving the request. The Federal Energy Regulatory Commission shall grant the application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not be consistent with the public interest. (4) Annual reports The Secretary of Energy shall annually submit to Congress a report that— (A) provides a detailed rational for each decision to grant or deny an application for an order under this subsection to export or import natural gas; and (B) identifies— (i) the number of such applications received by the Secretary of Energy during the preceding year; (ii) the number of such applications granted or denied by the Secretary of Energy by the deadline described in paragraph (1); and (iii) measures implemented by the Secretary of Energy to improve the efficient review of such applications by the Secretary of Energy. . (b) Expedited application and approval process Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended to read as follows: (c) Expedited application and approval process (1) Free trade agreements For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), 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, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. (2) Low-impact projects (A) In general The Secretary of Energy shall grant or deny an application for an order under subsection (a) to export natural gas from, or import natural gas to, a low-impact project by not later than 90 days after receiving such application. (B) Low-impact project defined In this paragraph, the term low-impact project means an LNG terminal for which an application has been submitted under subsection (e) to the Federal Energy Regulatory Commission for the expansion of the capacity of such LNG terminal by not more than 5 billion cubic feet per day. . (c) Conforming amendments Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended— (1) in subsection (a), by striking Commission and inserting Secretary of Energy each place it appears; and (2) in subsection (b)(2), by striking Commission and inserting Secretary of Energy .