119-hr381

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 381 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 381

 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.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 14, 2025

 Mr. Casten (for himself, Ms. Barragan, 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``LNG Public Interest Determination 
Act of 2025''.

SEC. 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''.

SEC. 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''.

SEC. 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.

SEC. 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.
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