H.R. 381

119 HR 381 IH: LNG Public Interest Determination Act of 2025
 U.S. House of Representatives
 2025-01-14
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 381  IN THE HOUSE OF REPRESENTATIVES   January 14, 2025   Mr. Casten  (for himself,  Ms. Barragán ,  Ms. Castor of Florida ,  Mr. Grijalva ,  Mr. Huffman ,  Mr. Levin ,  Mr. Magaziner ,  Mr. McGovern ,  Mr. Mullin ,  Mr. Nadler ,  Ms. Norton ,  Ms. Pingree ,  Ms. Schakowsky , and  Ms. Tlaib ) introduced the following bill; which was referred to the  Committee on Energy and Commerce    A BILL
To amend the Natural Gas Act to require that impacts to climate stability, consumer energy costs, and environmental justice be considered in a determination of whether proposed exportation of natural gas is in the public interest, and for other purposes.
1.
Short title
This Act may be cited as the   LNG Public Interest Determination Act of 2025  .
2.
Exportation of natural gas
(a)
Exportation of natural gas
Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended by adding at the end the following:
(g)
Exportation of natural gas
(1)
Order required
No person shall export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing it to do so. The Secretary of Energy may issue such order upon application only if, after opportunity for hearing, the Secretary of Energy finds that the proposed exportation will be consistent with the public interest. The Secretary of Energy may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary of Energy may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, issue such supplemental order for such exportation as it may find necessary or appropriate.
(2)
Deadline
The Secretary of Energy shall find whether proposed exportation of natural gas will be consistent with the public interest under paragraph (1) by not later than the date that is 1 year after the later of—
(A)
the date on which the Secretary of Energy receives the final environmental impact statement for such proposed exportation from the Federal Energy Regulatory Commission; and
(B)
the date on which the Secretary completes each assessment required by paragraph (4).
(3)
Public interest finding
The Secretary of Energy may find that proposed exportation of natural gas for which an application is submitted under paragraph (1) will be consistent with the public interest under such paragraph only if the Secretary of Energy determines, based on the applicable assessment under paragraph (4), that the proposed exportation of natural gas will not be likely to—
(A)
significantly contribute to climate change, including by slowing the global energy transition needed to achieve deep reductions of global greenhouse gas emissions within the next decade and net-zero global greenhouse gas emissions not later than 2050;
(B)
materially increase energy prices or energy price volatility for any segment of United States consumers; or
(C)
create a disproportionate cumulative burden of adverse human or environmental impacts on rural, low-income, minority, and other vulnerable communities.
(4)
Assessments
(A)
Climate change assessment
A determination under paragraph (3)(A) shall be based on an assessment of the expected impact of the proposed exportation of natural gas on climate change. Such assessment shall be based on the latest scientific information and use the 20-year global warming potential of methane, and shall include—
(i)
quantified estimates of the greenhouse gas emissions associated with the full lifecycle of the natural gas proposed for exportation, including emissions associated with the extraction, transportation, liquefaction, storage, regasification, and consumption of such natural gas;
(ii)
a comparison of the estimated greenhouse gas emissions in clause (i) to a baseline that is consistent with United States international commitments to achieve deep reductions of global greenhouse gas emissions within the next decade and deep decarbonization pathways toward net-zero global greenhouse gas emissions not later than 2050;
(iii)
an assessment of the potential effects of the proposed exportation of natural gas on clean energy alternatives, including—
(I)
any decrease in global investment in and deployment of renewable energy, electrification, and energy efficiency and conservation technologies; and
(II)
any decrease in United States exports of clean energy technologies;
(iv)
quantified estimates of the social cost of the estimated greenhouse gas emissions in clause (i); and
(v)
an identification of the extent to which climate change is accelerating the loss of economic value in the United States due to rising sea levels, more intense storms, eroding coasts, increased risk and severity of wild fires, and other impacts associated with climate change.
(B)
Economic assessment
A determination under paragraph (3)(B) shall be based on an assessment of the expected economic impact of the proposed exportation of natural gas, including an assessment of the impact of the proposed exportation on all United States consumers, with specific estimates regarding each of the following consumer subgroups:
(i)
Low-income consumers.
(ii)
Working families.
(iii)
Small businesses.
(iv)
Manufacturers.
(v)
State and local governments.
(vi)
Producers and users of fertilizer.
(C)
Environmental justice assessment
A determination under paragraph (3)(C) shall be based on an assessment of the expected impact of the proposed exportation of natural gas on environmental justice (which shall be consistent with Executive Order 14096 ( 42 U.S.C. 4321  note; relating to revitalizing our Nation's commitment to environmental justice for all), as published April 21, 2023), including assessments of impacts on—
(i)
the preexisting cumulative environmental burdens and social and health risks posed to rural, low-income, minority, and other vulnerable communities;
(ii)
local fisheries and the economic livelihood of the people employed by local fisheries;
(iii)
racial and socioeconomic disparities in impacted communities; and
(iv)
compliance with civil rights laws.
(5)
Public participation
The Secretary of Energy shall—
(A)
provide to the public an opportunity to meaningfully participate, including by providing comments, in—
(i)
the finding of the Secretary of Energy on whether proposed exportation will be consistent with the public interest under paragraph (1); and
(ii)
any study by the Department of Energy intended to inform such finding; and
(B)
ensure that opportunities to meaningfully participate under subparagraph (A) address barriers that affect members of communities with environmental justice concerns, including those related to disability, language access, and lack of resources.
(6)
Major Federal action
Issuing an order authorizing the exportation of natural gas under this subsection shall be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ).
 .
(b)
Conforming amendments
Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended—
(1)
in subsection (a)—
(A)
by striking  export any natural gas from the United States to a foreign country or ;
(B)
by inserting  to the United States  after  from a foreign country ; and
(C)
by striking  exportation or ; and
(2)
in subsection (c)—
(A)
by striking  , 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, ; and
(B)
by striking  or exportation .
3.
Process coordination; hearings; rules of procedure
Section 15(b)(1) of the Natural Gas Act ( 15 U.S.C. 717n(b)(1) ) is amended by striking  Commission  and inserting  Federal Energy Regulatory Commission .
4.
Termination of categorical exclusion for approval or disapproval of the exportation of natural gas
The categorical exclusion under B5.7 of appendix B to subpart D of part 1021 of title 10, Code of Federal Regulations, (relating to export of natural gas and associated transportation by marine vessel) shall have no force or effect.
5.
Rulemaking
Not later than one year after the date of enactment of this Act, the Secretary of Energy shall issue a rule to carry out this Act and the amendments made by this Act.