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US S33

US S33
LNG Permitting Certainty and Transparency Act


summary

Introduced
01/06/2015
In Committee
01/06/2015
Crossed Over
Passed
Dead
01/03/2017

Introduced Session

114th Congress

Bill Summary

LNG Permitting Certainty and Transparency Act Directs the Secretary 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 liquefied natural gas (LNG) export facilities, to issue a decision on an application for authorization to export natural gas within 45 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. Deems a NEPA review to be concluded when the lead agency: (1) publishes an Environmental Impact Statement if the project requires one; (2) publishes a Finding of No Significant Impact if the project needs an Environmental Assessment; or (3) determines that an application is eligible for a categorical exclusion pursuant to NEPA regulations. (A "categorical exclusion" 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.) Confers upon either the U.S. Court of Appeals for the District of Columbia Circuit or the circuit in which the export facility will be located original and exclusive jurisdiction 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. 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 a decision within 30 days. 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. Amends the Natural Gas Act to direct the Secretary, in the case of any LNG export authorization, to require the applicant to report to DOE, according to specified timelines, the names of the one or more countries of destination to which the exported LNG is delivered.

AI Summary

This bill, the LNG Permitting Certainty and Transparency Act, aims to speed up the approval process for liquefied natural gas (LNG) export facilities by setting a strict 45-day deadline for the Secretary of Energy to make a decision on applications, starting after environmental reviews are completed or the bill is enacted. Environmental reviews, such as Environmental Impact Statements or Environmental Assessments, are considered concluded when specific documents are published, or when a project qualifies for a "categorical exclusion," meaning it's deemed to have no significant environmental impact and doesn't require a full review. If the Secretary fails to meet this deadline, the bill grants federal courts, specifically the U.S. Court of Appeals for the District of Columbia Circuit or the circuit where the facility is located, the power to order a decision within 30 days and requires these cases to be handled with priority. Additionally, the bill amends the Natural Gas Act to require companies receiving authorization to export LNG to publicly report the destination countries of their shipments, promoting transparency in the export process.

Committee Categories

Agriculture and Natural Resources

Sponsors (18)

Last Action

Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 114-9. (on 01/29/2015)

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