Federal

Promoting Interagency Coordination for Review of Natural Gas Pipelines Act

Source: Congress.gov · 3,432 words in original text

What This Bill Does

This bill requires the Federal Energy Regulatory Commission to work with other federal and state agencies when approving natural gas pipeline projects. It sets up rules for how agencies coordinate their reviews and sets timelines to speed up the approval process. ##

Who It Affects

People and companies applying for natural gas pipeline permits; the Federal Energy Regulatory Commission; state and federal agencies involved in environmental review; state water pollution agencies; the Transportation Security Administration; Indian Tribes. ##

Key Provisions

- The Federal Energy Regulatory Commission serves as the only lead agency for environmental reviews of natural gas pipeline projects and must coordinate early with other agencies involved in the approval process. (Sec. 2(b)) - Federal and state agencies must identify which ones need to participate in reviewing a pipeline application within 30 days of receiving the application, and the Commission invites them to participate within 45 days. (Sec. 2(d)(1) and (2)) - Agencies must complete their decisions on pipeline projects no later than 90 days after the Commission finishes its environmental review, and they must submit progress reports every 90 days. (Sec. 2(f)(1) and (f)(2)(vi)) - If an agency fails to meet the deadline set by the Commission, the head of that agency must notify Congress and the Commission within 5 days and propose a plan to complete the work. (Sec. 2(f)(3)) - The Commission must post public information on its website about the schedule, required actions, expected completion dates, points of contact, and reasons for any delays. (Sec. 2(h)) - State water agencies may propose conditions for permits to ensure water pollution rules are followed, but the Commission only must include these conditions if it finds them necessary for legal compliance. (Sec. 2(e)(3) and (e)(4)) - When reviewing pipeline applications, the Federal Energy Regulatory Commission must consult with the Transportation Security Administration about the applicant's compliance with pipeline security guidance. (Sec. 3) ##

What Changes

If this bill becomes law, the approval process for natural gas pipelines will have one lead federal agency instead of potentially multiple agencies leading different parts of the review. Agencies will have firm deadlines to make decisions and must work on their reviews at the same time rather than waiting for one agency to finish before another starts. Agencies that do not participate in the main review process cannot conduct separate environmental reviews unless they can show it is legally required. The public will have access to tracking information about the status and timeline of each permit application. ##

Important Definitions

- **Commission**: the Federal Energy Regulatory Commission - **Federal authorization**: has the meaning given in section 15(a) of the Natural Gas Act - **NEPA review**: the environmental review process required under the National Environmental Policy Act of 1969 - **Project-related NEPA review**: any environmental review required for issuing a natural gas pipeline permit or certificate ##

Effective Date

Not specified in bill text

IB Union Calendar No. 15 118TH CONGRESS 1ST SESSION H. R. 1115 [Report No. 118–23] To provide for Federal and State agency coordination in the approval of certain authorizations under the Natural Gas Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 21, 2023 Mr. BURGESS introduced the following bill; which was referred to the Committee on Energy and Commerce MARCH 23, 2023 Additional sponsors: Mrs. MILLER-MEEKS, Mr. DUNCAN, Mr. CURTIS, and Mr. BUCSHON MARCH 23, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 21, 2023] VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1115 RH A BILL To provide for Federal and State agency coordination in the approval of certain authorizations under the Natural Gas Act, and for other purposes. VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1115 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Promoting Interagency 4 Coordination for Review of Natural Gas Pipelines Act’’. 5 SEC. 2. FERC PROCESS COORDINATION FOR NATURAL GAS 6 PIPELINE PROJECTS. 7 (a) DEFINITIONS.—In this section: 8 (1) COMMISSION.—The term ‘‘Commission’’ 9 means the Federal Energy Regulatory Commission. 10 (2) FEDERAL AUTHORIZATION.—The term ‘‘Fed- 11 eral authorization’’ has the meaning given that term 12 in section 15(a) of the Natural Gas Act (15 U.S.C. 13 717n(a)). 14 (3) NEPA REVIEW.—The term ‘‘NEPA review’’ 15 means the process of reviewing a proposed Federal ac- 16 tion under section 102 of the National Environmental 17 Policy Act of 1969 (42 U.S.C. 4332). 18 (4) PROJECT-RELATED NEPA REVIEW.—The term 19 ‘‘project-related NEPA review’’ means any NEPA re- 20 view required to be conducted with respect to the 21 issuance of an authorization under section 3 of the 22 Natural Gas Act or a certificate of public convenience 23 and necessity under section 7 of such Act. 24 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1115 RH (b) COMMISSION NEPA REVIEW RESPONSIBILITIES.— 1 In acting as the lead agency under section 15(b)(1) of the 2 Natural Gas Act for the purposes of complying with the 3 National Environmental Policy Act of 1969 (42 U.S.C. 4 4321 et seq.) with respect to an authorization under section 5 3 of the Natural Gas Act or a certificate of public conven- 6 ience and necessity under section 7 of such Act, the Commis- 7 sion shall, in accordance with this section and other appli- 8 cable Federal law— 9 (1) be the only lead agency; 10 (2) coordinate as early as practicable with each 11 agency designated as a participating agency under 12 subsection (d)(3) to ensure that the Commission devel- 13 ops information in conducting its project-related 14 NEPA review that is usable by the participating 15 agency in considering an aspect of an application for 16 a Federal authorization for which the agency is re- 17 sponsible; and 18 (3) take such actions as are necessary and prop- 19 er to facilitate the expeditious resolution of its project- 20 related NEPA review. 21 (c) DEFERENCE TO COMMISSION.—In making a deci- 22 sion with respect to a Federal authorization required with 23 respect to an application for authorization under section 24 3 of the Natural Gas Act or a certificate of public conven- 25 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1115 RH ience and necessity under section 7 of such Act, each agency 1 shall give deference, to the maximum extent authorized by 2 law, to the scope of the project-related NEPA review that 3 the Commission determines to be appropriate. 4 (d) PARTICIPATING AGENCIES.— 5 (1) IDENTIFICATION.—The Commission shall 6 identify, not later than 30 days after the Commission 7 receives an application for an authorization under 8 section 3 of the Natural Gas Act or a certificate of 9 public convenience and necessity under section 7 of 10 such Act, any Federal or State agency, local govern- 11 ment, or Indian Tribe that may issue a Federal au- 12 thorization or is required by Federal law to consult 13 with the Commission in conjunction with the issuance 14 of a Federal authorization required for such author- 15 ization or certificate. 16 (2) INVITATION.— 17 (A) IN GENERAL.—Not later than 45 days 18 after the Commission receives an application for 19 an authorization under section 3 of the Natural 20 Gas Act or a certificate of public convenience 21 and necessity under section 7 of such Act, the 22 Commission shall invite any agency identified 23 under paragraph (1) to participate in the review 24 process for the applicable Federal authorization. 25 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1115 RH (B) DEADLINE.—An invitation issued 1 under subparagraph (A) shall establish a dead- 2 line by which a response to the invitation shall 3 be submitted to the Commission, which may be 4 extended by the Commission for good cause. 5 (3) DESIGNATION AS PARTICIPATING AGEN- 6 CIES.—Not later than 60 days after the Commission 7 receives an application for an authorization under 8 section 3 of the Natural Gas Act or a certificate of 9 public convenience and necessity under section 7 of 10 such Act, the Commission shall designate an agency 11 identified under paragraph (1) as a participating 12 agency with respect to an application for authoriza- 13 tion under section 3 of the Natural Gas Act or a cer- 14 tificate of public convenience and necessity under sec- 15 tion 7 of such Act unless the agency informs the Com- 16 mission, in writing, by the deadline established pur- 17 suant to paragraph (2)(B), that the agency— 18 (A) has no jurisdiction or authority with 19 respect to the applicable Federal authorization; 20 (B) has no special expertise or information 21 relevant to any project-related NEPA review; or 22 (C) does not intend to submit comments for 23 the record for the project-related NEPA review 24 conducted by the Commission. 25 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1115 RH (4) EFFECT OF NON-DESIGNATION.— 1 (A) EFFECT ON AGENCY.—Any agency that 2 is not designated as a participating agency 3 under paragraph (3) with respect to an applica- 4 tion for an authorization under section 3 of the 5 Natural Gas Act or a certificate of public con- 6 venience and necessity under section 7 of such 7 Act may not request or conduct a NEPA review 8 that is supplemental to the project-related NEPA 9 review conducted by the Commission, unless the 10 agency— 11 (i) demonstrates that such review is le- 12 gally necessary for the agency to carry out 13 responsibilities in considering an aspect of 14 an application for a Federal authorization; 15 and 16 (ii) requires information that could not 17 have been obtained during the project-re- 18 lated NEPA review conducted by the Com- 19 mission. 20 (B) COMMENTS; RECORD.—The Commission 21 shall not, with respect to an agency that is not 22 designated as a participating agency under 23 paragraph (3) with respect to an application for 24 an authorization under section 3 of the Natural 25 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1115 RH Gas Act or a certificate of public convenience 1 and necessity under section 7 of such Act— 2 (i) consider any comments or other in- 3 formation submitted by such agency for the 4 project-related NEPA review conducted by 5 the Commission; or 6 (ii) include any such comments or 7 other information in the record for such 8 project-related NEPA review. 9 (e) WATER QUALITY IMPACTS.— 10 (1) IN GENERAL.—Notwithstanding section 401 11 of the Federal Water Pollution Control Act (33 U.S.C. 12 1341), an applicant for a Federal authorization shall 13 not be required to provide a certification under such 14 section with respect to the Federal authorization. 15 (2) COORDINATION.—With respect to any NEPA 16 review for a Federal authorization to conduct an ac- 17 tivity that will directly result in a discharge into the 18 navigable waters (within the meaning of the Federal 19 Water Pollution Control Act), the Commission shall 20 identify as an agency under subsection (d)(1) the 21 State in which the discharge originates or will origi- 22 nate, or, if appropriate, the interstate water pollution 23 control agency having jurisdiction over the navigable 24 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1115 RH waters at the point where the discharge originates or 1 will originate. 2 (3) PROPOSED CONDITIONS.—A State or inter- 3 state agency designated as a participating agency 4 pursuant to paragraph (2) may propose to the Com- 5 mission terms or conditions for inclusion in an au- 6 thorization under section 3 of the Natural Gas Act or 7 a certificate of public convenience and necessity under 8 section 7 of such Act that the State or interstate agen- 9 cy determines are necessary to ensure that any activ- 10 ity described in paragraph (2) conducted pursuant to 11 such authorization or certification will comply with 12 the applicable provisions of sections 301, 302, 303, 13 306, and 307 of the Federal Water Pollution Control 14 Act. 15 (4) COMMISSION CONSIDERATION OF CONDI- 16 TIONS.—The Commission may include a term or con- 17 dition in an authorization under section 3 of the Nat- 18 ural Gas Act or a certificate of public convenience 19 and necessity under section 7 of such Act proposed by 20 a State or interstate agency under paragraph (3) 21 only if the Commission finds that the term or condi- 22 tion is necessary to ensure that any activity described 23 in paragraph (2) conducted pursuant to such author- 24 ization or certification will comply with the applica- 25 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1115 RH ble provisions of sections 301, 302, 303, 306, and 307 1 of the Federal Water Pollution Control Act. 2 (f) SCHEDULE.— 3 (1) DEADLINE FOR FEDERAL AUTHORIZA- 4 TIONS.—A deadline for a Federal authorization re- 5 quired with respect to an application for authoriza- 6 tion under section 3 of the Natural Gas Act or a cer- 7 tificate of public convenience and necessity under sec- 8 tion 7 of such Act set by the Commission under sec- 9 tion 15(c)(1) of such Act shall be not later than 90 10 days after the Commission completes its project-re- 11 lated NEPA review, unless an applicable schedule is 12 otherwise established by Federal law. 13 (2) CONCURRENT REVIEWS.—Each Federal and 14 State agency— 15 (A) that may consider an application for a 16 Federal authorization required with respect to 17 an application for authorization under section 3 18 of the Natural Gas Act or a certificate of public 19 convenience and necessity under section 7 of such 20 Act shall formulate and implement a plan for 21 administrative, policy, and procedural mecha- 22 nisms to enable the agency to ensure completion 23 of Federal authorizations in compliance with 24 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1115 RH schedules established by the Commission under 1 section 15(c)(1) of such Act; and 2 (B) in considering an aspect of an applica- 3 tion for a Federal authorization required with 4 respect to an application for authorization under 5 section 3 of the Natural Gas Act or a certificate 6 of public convenience and necessity under section 7 7 of such Act, shall— 8 (i) formulate and implement a plan to 9 enable the agency to comply with the sched- 10 ule established by the Commission under 11 section 15(c)(1) of such Act; 12 (ii) carry out the obligations of that 13 agency under applicable law concurrently, 14 and in conjunction with, the project-related 15 NEPA review conducted by the Commission, 16 and in compliance with the schedule estab- 17 lished by the Commission under section 18 15(c)(1) of such Act, unless the agency noti- 19 fies the Commission in writing that doing 20 so would impair the ability of the agency to 21 conduct needed analysis or otherwise carry 22 out such obligations; 23 (iii) transmit to the Commission a 24 statement— 25 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1115 RH (I) acknowledging receipt of the 1 schedule established by the Commission 2 under section 15(c)(1) of the Natural 3 Gas Act; and 4 (II) setting forth the plan formu- 5 lated under clause (i) of this subpara- 6 graph; 7 (iv) not later than 30 days after the 8 agency receives such application for a Fed- 9 eral authorization, transmit to the appli- 10 cant a notice— 11 (I) indicating whether such appli- 12 cation is ready for processing; and 13 (II) if such application is not 14 ready for processing, that includes a 15 comprehensive description of the infor- 16 mation needed for the agency to deter- 17 mine that the application is ready for 18 processing; 19 (v) determine that such application for 20 a Federal authorization is ready for proc- 21 essing for purposes of clause (iv) if such ap- 22 plication is sufficiently complete for the 23 purposes of commencing consideration, re- 24 gardless of whether supplemental informa- 25 VerDate Sep 11 2014 03:12 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1115.RH H1115 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 1115 RH tion is necessary to enable the agency to 1 complete the consideration required by law 2 with respect to such application; and 3 (vi) not less often than once every 90 4 days, transmit to the Commission a report 5 describing the progress made in considering 6 such application for a [Text truncated for display. Full text available on Congress.gov.]

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