Sec. 101 Short title
This subtitle may be cited as the “Northern Route Approval Act”.
Division A — Energy and Commerce
A Energy and Commerce
I Modernizing Infrastructure
A Northern Route Approval
Sec. 102 Findings
The Congress finds the following:
To maintain our Nation’s competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving energy. In a global economy, we will compete for the world’s investments based in significant part on the quality of our infrastructure. Investing in the Nation’s infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole.
The delivery of oil from Canada, a close ally not only in proximity but in shared values and ideals, to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources.
The Keystone XL pipeline would provide both short-term and long-term employment opportunities and related labor income benefits, such as government revenues associated with taxes.
The State of Nebraska has thoroughly reviewed and approved the proposed Keystone XL pipeline reroute, concluding that the concerns of Nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts.
The Keystone XL is in much the same position today as the Alaska Pipeline in 1973 prior to congressional action. Once again, the Federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources.
Sec. 103 Keystone XL permit approval
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on January 31, 2014, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16 U.S.C. 470 et seq.).
Sec. 104 Judicial review
Exclusive jurisdiction— Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine—
the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued;
the constitutionality of any provision of this subtitle, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this subtitle; or
the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or of any analysis under any other Act, with respect to any action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this subtitle.
Deadline for filing claim— A claim arising under this subtitle may be brought not later than 60 days after the date of the decision or action giving rise to the claim.
Expedited consideration— The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil.
Sec. 105 American burying beetle
Findings— The Congress finds that—
environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its entirety; and
for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat.
Biological opinion— The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary’s opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline as it may be ultimately defined in its entirety, shall not be considered a prohibited taking of such species under such Act.
Sec. 106 Right-of-way and temporary use permit
The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the application tendered to the Bureau of Land Management for the Keystone XL pipeline.
Sec. 107 Permits for activities in navigable waters
Issuance of permits— The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C. 403; commonly known as the Rivers and Harbors Appropriations Act of 1899), necessary for the construction, operation, and maintenance of the pipeline described in the May 4, 2012, application referred to in section 103, as supplemented by the Nebraska reroute. The application shall be based on the administrative record for the pipeline as of the date of enactment of this Act, which shall be considered complete.
Waiver of procedural requirements— The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section.
Issuance in absence of action by the Secretary— If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following such last day.
Limitation— The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section.
Sec. 108 Migratory Bird Treaty Act permit
The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013.
Sec. 109 Oil spill response plan disclosure
In general— Any pipeline owner or operator required under Federal law to develop an oil spill response plan for the Keystone XL pipeline shall make such plan available to the Governor of each State in which such pipeline operates to assist with emergency response preparedness.
Updates— A pipeline owner or operator required to make available to a Governor a plan under subsection (a) shall make available to such Governor any update of such plan not later than 7 days after the date on which such update is made.
B Natural Gas Pipeline Permitting Reform
Sec. 121 Short title
This subtitle may be cited as the “Natural Gas Pipeline Permitting Reform Act”.
Sec. 122 Regulatory approval of natural gas pipeline projects
Section 7 of the Natural Gas Act (15 U.S.C. 717f) is amended by adding at the end the following new subsection:
“(i)
“(1) The Commission shall approve or deny an application for a certificate of public convenience and necessity for a prefiled project not later than 12 months after receiving a complete application that is ready to be processed, as defined by the Commission by regulation.
“(2) The agency responsible for issuing any license, permit, or approval required under Federal law in connection with a prefiled project for which a certificate of public convenience and necessity is sought under this Act shall approve or deny the issuance of the license, permit, or approval not later than 90 days after the Commission issues its final environmental document relating to the project.
“(3) The Commission may extend the time period under paragraph (2) by 30 days if an agency demonstrates that it cannot otherwise complete the process required to approve or deny the license, permit, or approval, and therefor will be compelled to deny the license, permit, or approval. In granting an extension under this paragraph, the Commission may offer technical assistance to the agency as necessary to address conditions preventing the completion of the review of the application for the license, permit, or approval.
“(4) If an agency described in paragraph (2) does not approve or deny the issuance of the license, permit, or approval within the time period specified under paragraph (2) or (3), as applicable, such license, permit, or approval shall take effect upon the expiration of 30 days after the end of such period. The Commission shall incorporate into the terms of such license, permit, or approval any conditions proffered by the agency described in paragraph (2) that the Commission does not find are inconsistent with the final environmental document.
“(5) For purposes of this subsection, the term “prefiled project” means a project for the siting, construction, expansion, or operation of a natural gas pipeline with respect to which a prefiling docket number has been assigned by the Commission pursuant to a prefiling process established by the Commission for the purpose of facilitating the formal application process for obtaining a certificate of public convenience and necessity.”
C North American Energy Infrastructure
Sec. 131 Short title
This subtitle may be cited as the “North American Energy Infrastructure Act”.
Sec. 132 Finding
Congress finds that the United States should establish a more uniform, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil and natural gas and the transmission of electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market.
Sec. 133 Authorization of certain energy infrastructure projects at the national boundary of the United States
Authorization— Except as provided in subsection (c) and section 137, no person may construct, connect, operate, or maintain a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico without obtaining a certificate of crossing for the construction, connection, operation, or maintenance of the cross-border segment under this section.
Certificate of crossing—
Requirement— Not later than 120 days after final action is taken under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border segment for which a request is received under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction, connection, operation, or maintenance of the cross-border segment is not in the public interest of the United States.
Relevant official— The relevant official referred to in paragraph (1) is—
the Secretary of State with respect to oil pipelines; and
the Secretary of Energy with respect to electric transmission facilities.
Additional requirement for electric transmission facilities— In the case of a request for a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing for the request under paragraph (1), that the cross-border segment of the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of—
the Electric Reliability Organization and the applicable regional entity; and
any Regional Transmission Organization or Independent System Operator with operational or functional control over the cross-border segment of the electric transmission facility.
Exclusions— This section shall not apply to any construction, connection, operation, or maintenance of a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico—
if the cross-border segment is operating for such import, export, or transmission as of the date of enactment of this Act;
if a permit described in section 136 for such construction, connection, operation, or maintenance has been issued;
if a certificate of crossing for such construction, connection, operation, or maintenance has previously been issued under this section; or
if an application for a permit described in section 136 for such construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of—
the date on which such application is denied; or
July 1, 2016.
Effect of other laws—
Application to projects— Nothing in this section or section 137 shall affect the application of any other Federal statute to a project for which a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment is sought under this section.
Natural Gas Act— Nothing in this section or section 137 shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas.
Energy Policy and Conservation Act— Nothing in this section or section 137 shall affect the authority of the President under section 103(a) of the Energy Policy and Conservation Act.
Sec. 134 Importation or exportation of natural gas to Canada and Mexico
Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by adding at the end the following: “No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico.”.
Sec. 135 Transmission of electric energy to Canada and Mexico
Repeal of requirement To secure order— Section 202(e) of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
Conforming amendments—
State regulations— Section 202(f) of the Federal Power Act (16 U.S.C. 824a(f)) is amended by striking “insofar as such State regulation does not conflict with the exercise of the Commission’s powers under or relating to subsection 202(e)”.
Seasonal diversity electricity exchange— Section 602(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a–4(b)) is amended by striking “the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act” and all that follows through the period at the end and inserting “the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary.”.
Sec. 136 No Presidential permit required
No Presidential permit (or similar permit) required under Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, Executive Order No. 12038, Executive Order No. 10485, or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof.
Sec. 137 Modifications to existing projects
No certificate of crossing under section 133, or permit described in section 136, shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility—
that is operating for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of the Act;
for which a permit described in section 136 for such construction, connection, operation, or maintenance has been issued; or
for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued under section 133.
Sec. 138 Effective date; rulemaking deadlines
Effective date— Sections 133 through 137, and the amendments made by such sections, shall take effect on July 1, 2015.
Rulemaking deadlines— Each relevant official described in section 133(b)(2) shall—
not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 133; and
not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 133.
Sec. 139 Definitions
In this subtitle—
the term cross-border segment means the portion of an oil or natural gas pipeline or electric transmission facility that is located at the national boundary of the United States with either Canada or Mexico;
the term modification includes a reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations);
the term natural gas has the meaning given that term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
the term oil means petroleum or a petroleum product;
the terms Electric Reliability Organization and regional entity have the meanings given those terms in section 215 of the Federal Power Act (16 U.S.C. 824o); and
the terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796).
II Maintaining Diverse Electricity Generation and Affordability
A Energy Consumers Relief
Sec. 201 Short title
This subtitle may be cited as the “Energy Consumers Relief Act of 2014”.
Sec. 202 Prohibition against finalizing certain energy-related rules that will cause significant adverse effects to the economy
Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not promulgate as final an energy-related rule that is estimated to cost more than $1 billion if the Secretary of Energy determines under section 203(3) that the rule will cause significant adverse effects to the economy.
Sec. 203 Reports and determinations prior to promulgating as final certain energy-related rules
Before promulgating as final any energy-related rule that is estimated to cost more than $1 billion:
Report to Congress— The Administrator of the Environmental Protection Agency shall submit to Congress a report (and transmit a copy to the Secretary of Energy) containing—
a copy of the rule;
a concise general statement relating to the rule;
an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule;
an estimate of the total benefits of the rule and when such benefits are expected to be realized;
a description of the modeling, the calculations, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under this subparagraph; and
a certification that all data and documents relied upon by the Agency in developing such estimates—
have been preserved; and
are available for review by the public on the Agency’s Web site, except to the extent to which publication of such data and documents would constitute disclosure of confidential information in violation of applicable Federal law;
an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and
a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule.
Initial determination on increases and impacts— The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the rule will cause—
any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers;
any impact on fuel diversity of the Nation’s electricity generation portfolio or on national, regional, or local electric reliability;
any adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or
any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies).
Subsequent determination on adverse effects to the economy— If the Secretary of Energy determines, under paragraph (2), that the rule will cause an increase, impact, or effect described in such paragraph, then the Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall—
determine whether the rule will cause significant adverse effects to the economy, taking into consideration—
the costs and benefits of the rule and limitations in calculating such costs and benefits due to uncertainty, speculation, or lack of information; and
the positive and negative impacts of the rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and
publish the results of such determination in the Federal Register.
Sec. 204 Definitions
In this subtitle:
The terms direct costs and indirect costs have the meanings given such terms in chapter 8 of the Environmental Protection Agency’s “Guidelines for Preparing Economic Analyses” dated December 17, 2010.
The term energy-related rule that is estimated to cost more than $1 billion means a rule of the Environmental Protection Agency that—
regulates any aspect of the production, supply, distribution, or use of energy or provides for such regulation by States or other governmental entities; and
is estimated by the Administrator of the Environmental Protection Agency or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000.
The term rule has the meaning given to such term in section 551 of title 5, United States Code.
Sec. 205 Prohibition on use of social cost of carbon in analysis
In general— Notwithstanding any other provision of law or any executive order, the Administrator of the Environmental Protection Agency may not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule that is estimated to cost more than $1 billion unless and until a Federal law is enacted authorizing such use.
Definition— In this section, the term social cost of carbon means the social cost of carbon as described in the technical support document entitled “Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866”, published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year.
B Electricity Security and Affordability
Sec. 211 Short title
This subtitle may be cited as the “Electricity Security and Affordability Act”.
Sec. 212 Standards of performance for new fossil fuel-fired electric utility generating units
Limitation— The Administrator of the Environmental Protection Agency may not issue, implement, or enforce any proposed or final rule under section 111 of the Clean Air Act (42 U.S.C. 7411) that establishes a standard of performance for emissions of any greenhouse gas from any new source that is a fossil fuel-fired electric utility generating unit unless such rule meets the requirements under subsections (b) and (c).
Requirements— In issuing any rule under section 111 of the Clean Air Act (42 U.S.C. 7411) establishing standards of performance for emissions of any greenhouse gas from new sources that are fossil fuel-fired electric utility generating units, the Administrator of the Environmental Protection Agency (for purposes of establishing such standards)—
shall separate sources fueled with coal and natural gas into separate categories; and
shall not set a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless—
such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within such category—
each of which is located at a different electric generating station in the United States;
which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and
each of which is operated for the entire 12-month period on a full commercial basis; and
no results obtained from any demonstration project are used in setting such standard.
Coal having a heat content of 8300 or less British Thermal Units per pound—
Separate subcategory— In carrying out subsection (b)(1), the Administrator of the Environmental Protection Agency shall establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units per pound.
Standard— Notwithstanding subsection (b)(2), in issuing any rule under section 111 of the Clean Air Act (42 U.S.C. 7411) establishing standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator of the Environmental Protection Agency shall not set a standard based on the best system of emission reduction unless—
such standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory—
each of which is located at a different electric generating station in the United States;
which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and
each of which is operated for the entire 12-month period on a full commercial basis; and
no results obtained from any demonstration project are used in setting such standard.
Technologies— Nothing in this section shall be construed to preclude the issuance, implementation, or enforcement of a standard of performance that—
is based on the use of one or more technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and
meets the requirements of subsection (b) and (c), as applicable.
Sec. 213 Congress To set effective date for standards of performance for existing, modified, and reconstructed fossil fuel-fired electric utility generating units
Applicability— This section applies with respect to any rule or guidelines issued by the Administrator of the Environmental Protection Agency under section 111 of the Clean Air Act (42 U.S.C. 7411) that—
establish any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit; or
apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit.
Congress To set effective date— A rule or guidelines described in subsection (a) shall not take effect unless a Federal law is enacted specifying such rule’s or guidelines’ effective date.
Reporting— A rule or guidelines described in subsection (a) shall not take effect unless the Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following:
The text of such rule or guidelines.
The economic impacts of such rule or guidelines, including the potential effects on—
economic growth, competitiveness, and jobs in the United States;
electricity ratepayers, including low-income ratepayers in affected States;
required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and
the global economic competitiveness of the United States.
The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions.
Consultation— In carrying out subsection (c), the Administrator of the Environmental Protection Agency shall consult with the Administrator of the Energy Information Administration, the Comptroller General of the United States, the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology.
Sec. 214 Repeal of earlier rules and guidelines
The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued:
The proposed rule—
entitled “Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units”, published at 77 Fed. Reg. 22392 (April 13, 2012); and
withdrawn pursuant to the notice entitled “Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units”, published at 79 Fed. Reg. 1352 (January 8, 2014).
The proposed rule entitled “Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units”, published at 79 Fed. Reg. 1430 (January 8, 2014).
With respect to the proposed rules described in paragraphs (1) and (2), any successor or substantially similar proposed or final rule that—
is issued prior to the date of the enactment of this Act;
is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and
does not meet the requirements under subsections (b) and (c) of section 212.
The proposed rule entitled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units”, published at 79 Fed. Reg. 34830 (June 18, 2014).
The proposed rule entitled “Carbon Pollution Standards for Modified and Reconstructed Stationary Sources: Electric Utility Generating Units”, published at 79 Fed. Reg. 34960 (June 18, 2014).
With respect to the proposed rules described in paragraphs (4) and (5), any successor or substantially similar proposed or final rule that—
is issued prior to the date of the enactment of this Act; and
is applicable to any existing, modified, or reconstructed source that is a fossil fuel-fired electric utility generating unit.
Sec. 215 Definitions
In this subtitle:
Demonstration project— The term demonstration project means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received Federal Government funding or financial assistance.
Existing source— The term existing source has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), except such term shall not include any modified source.
Greenhouse gas— The term greenhouse gas means any of the following:
Carbon dioxide.
Methane.
Nitrous oxide.
Sulfur hexafluoride.
Hydrofluorocarbons.
Perfluorocarbons.
Modification— The term modification has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)).
Modified source— The term modified source means any stationary source, the modification of which is commenced after the date of the enactment of this Act.
New source— The term new source has the meaning given such term in section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), except that such term shall not include any modified source.
C Report on Energy and Water Savings Potential From Thermal Insulation
Sec. 221 Report on energy and water savings potential from thermal insulation
Report— Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with appropriate Federal agencies and relevant stakeholders, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the impact of thermal insulation on both energy and water use systems for potable hot and chilled water in Federal buildings, and the return on investment of installing such insulation.
Contents— The report shall include—
an analysis based on the cost of municipal or regional water for delivered water and the avoided cost of new water; and
a summary of energy and water savings, including short term and long term (20 years) projections of such savings.
III Unleashing Energy Diplomacy
Sec. 301 Short title
This title may be cited as the “Domestic Prosperity and Global Freedom Act”.
Sec. 302 Action on applications
Decision deadline— 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 LNG export facilities, the Department of Energy shall issue a final decision on any application for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) not later than 30 days after the later of—
the conclusion of the review to site, construct, expand, or operate the LNG facilities required by the National Environmental Policy Act of 1969 (42 U.S. C. 4321 et seq.); or
the date of enactment of this Act.
Conclusion of review— For purposes of subsection (a), review required by the National Environmental Policy Act of 1969 shall be considered concluded—
for a project requiring an Environmental Impact Statement, 30 days after publication of a Final Environmental Impact Statement;
for a project for which an Environmental Assessment has been prepared, 30 days after publication by the Department of Energy of a Finding of No Significant Impact; and
upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant National Environmental Policy Act of 1969 implementing regulations.
Judicial action—
The United States Court of Appeals for the circuit in which the export facility will be located pursuant to an application described in subsection (a) shall have original and exclusive jurisdiction over any civil action for the review of—
an order issued by the Department of Energy with respect to such application; or
the Department of Energy’s failure to issue a final decision on such application.
If the Court in a civil action described in paragraph (1) finds that the Department of Energy has failed to issue a final decision on the application as required under subsection (a), the Court shall order the Department of Energy to issue such final decision not later than 30 days after the Court’s order.
The Court shall set any civil action brought under this subsection for expedited consideration and shall set the matter on the docket as soon as practical after the filing date of the initial pleading.
Sec. 303 Public disclosure of export destinations
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following:
“(g) Public Disclosure of LNG Export Destinations—As a condition for approval of any authorization to export LNG, the Secretary of Energy shall require the applicant to publicly disclose the specific destination or destinations of any such authorized LNG exports.”