[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1590 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1590

 To amend the National Environmental Policy Act of 1969 to improve the 
  environmental review process that is associated with authorizations 
required under Federal law for construction, operation, or maintenance 
                         of energy facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2001

 Mr. Voinovich (for himself and Ms. Landrieu) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the National Environmental Policy Act of 1969 to improve the 
  environmental review process that is associated with authorizations 
required under Federal law for construction, operation, or maintenance 
                         of energy facilities.

    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 ``Environmental Streamlining of Energy 
Facilities Act of 2001''.

SEC. 2. ENVIRONMENTAL REVIEW OF ENERGY FACILITIES.

    Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 
4331 et seq.) is amended by adding at the end the following:

``SEC. 106. ENVIRONMENTAL REVIEW OF ENERGY FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means a person that 
        applies for an authorization required under Federal law for an 
        energy facility.
            ``(2) Authorization.--The term `authorization' means a 
        license, permit, or other form of approval for a construction, 
        operation, or maintenance activity.
            ``(3) Energy facility.--The term `energy facility' means a 
        facility used in the generation, transmission, or distribution 
        of electricity, or the production or delivery of coal, natural 
        gas, or other form of energy, for which an authorization issued 
        by 1 or more Federal agencies is required under Federal law.
            ``(4) Integrated review process.--The term `integrated 
        review process' means the coordinated environmental review and 
        authorization process described in subsection (c)(2)(B) for 
        construction, operation, or maintenance of an energy facility.
            ``(5) Lead agency.--The term `lead agency' means the 
        Federal agency designated under subsection (c)(1) to conduct 
        the environmental review and prepare the environmental review 
        documents required under this Act for construction, operation, 
        or maintenance of an energy facility.
            ``(6) Participating agency.--The term `participating 
        agency' means a Federal agency that has the authority to issue 
        an authorization for an energy facility under Federal law, or 
        to participate in an environmental review relating to 
        construction, operation, or maintenance of the energy facility, 
        but that is not the lead agency with respect to the 
        construction, operation, or maintenance of the energy facility.
    ``(b) Purpose.--The purpose of this section is to promote the 
timely completion of Federal environmental reviews relating to 
construction, operation, or maintenance of energy facilities consistent 
with the public safety, efficiency, and socioeconomic values of--
            ``(1) this Act; and
            ``(2) other Federal laws that further the purposes of this 
        Act.
    ``(c) Integrated Review Process.--
            ``(1) Designation of lead agency.--
                    ``(A) Single responsible federal agency.--In any 
                case in which a single Federal agency has primary 
                authority to issue an overall authorization for an 
                energy facility under Federal law (such as the Federal 
                Energy Regulatory Commission with respect to interstate 
                natural gas pipelines), that Federal agency shall be 
                the lead agency in conducting the environmental review 
                and preparing all environmental review documents 
                required under this Act for construction, operation, or 
                maintenance of the energy facility.
                    ``(B) Multiple responsible federal agencies.--If 
                more than 1 Federal agency has the authority to issue 
                an authorization for an energy facility under Federal 
                law--
                            ``(i) the applicant may request that the 
                        Federal agencies with that authority designate 
                        a lead agency to conduct the environmental 
                        review and prepare the environmental review 
                        documents required under this Act for 
                        construction, operation, or maintenance of the 
                        energy facility; and
                            ``(ii)(I) the Federal agencies shall 
                        jointly designate 1 of the Federal agencies as 
                        the lead agency; or
                            ``(II) if the Federal agencies do not make 
                        a joint designation under subclause (I) by the 
                        date that is 30 days after the date of the 
                        request by the applicant under clause (i), the 
                        Council on Environmental Quality established by 
                        title II shall designate 1 of the Federal 
                        agencies as the lead agency.
            ``(2) Federal agency responsibilities.--
                    ``(A) Single environmental review.--
                            ``(i) Duties of lead agency.--The lead 
                        agency shall conduct the environmental review 
                        and prepare the environmental review documents 
                        required under this Act for construction, 
                        operation, or maintenance of the energy 
                        facility.
                            ``(ii) Duties of participating agencies.--
                        Each participating agency with respect to the 
                        energy facility shall--
                                    ``(I) provide input to the lead 
                                agency, focusing on direct project 
                                impacts and submitting data based 
on sound science necessary to substantiate that input; and
                                    ``(II) in issuing the authorization 
                                for which the participating agency has 
                                authority, rely on the environmental 
                                review conducted and the environmental 
                                review documents prepared by the lead 
                                agency for the energy facility.
                    ``(B) Integration of federal environmental review 
                and authorization process.--
                            ``(i) In general.--In consultation with 
                        each participating agency, the lead agency 
                        shall--
                                    ``(I) develop and implement a 
                                coordinated and timely environmental 
                                review process for construction, 
                                operation, or maintenance of an energy 
                                facility; and
                                    ``(II) ensure, to the maximum 
                                extent practicable, the integration 
                                with that environmental review process 
                                of all relevant Federal, State, and 
                                local authorization requirements for 
                                the energy facility.
                            ``(ii) Activities to be integrated.--The 
                        integrated review process shall integrate--
                                    ``(I) the preparation of an 
                                environmental impact statement under 
                                this Act, or, at the discretion of the 
                                lead agency, the preparation of an 
                                environmental assessment under this 
                                Act, if such a statement or assessment 
                                is required under this Act; and
                                    ``(II) the conduct of any other 
                                review, analysis, opinion, or 
                                determination, and the issuance of any 
                                authorization, required under Federal 
                                law.
                    ``(C) Deadlines.--
                            ``(i) Establishment by lead agency.--The 
                        lead agency shall establish deadlines for--
                                    ``(I) completion of environmental 
                                reviews and environmental review 
                                documents required under this Act for 
                                construction, operation, or maintenance 
                                of an energy facility; and
                                    ``(II) issuance of all 
                                authorizations required under Federal 
                                law for the energy facility.
                            ``(ii) Compliance by participating 
                        agencies.--Each participating agency with 
                        respect to the energy facility shall comply 
                        with the deadlines established under clause 
                        (i).
                            ``(iii) Minimization of duplication and 
                        delays.--The integrated review process shall 
                        seek to minimize--
                                    ``(I) duplication of activities 
                                carried out by the lead agency and the 
                                participating agencies; and
                                    ``(II) delays in decisionmaking by 
                                those agencies.
                    ``(D) Communication between agencies.--
                            ``(i) Duties of lead agency.--As soon as 
                        practicable after the owner or operator of an 
                        energy facility submits to the lead agency 
                        written notice that the owner or operator is 
                        developing an application for an authorization 
                        for the energy facility, but not later than 45 
                        days after the date on which the owner or 
                        operator submits the application to the lead 
                        agency, the lead agency shall--
                                    ``(I) identify each participating 
                                agency;
                                    ``(II) notify each participating 
                                agency of the development of the 
                                application and of the role of the lead 
                                agency;
                                    ``(III) request input by each 
                                participating agency concerning the 
                                application; and
                                    ``(IV) enter into a memorandum of 
                                understanding with all participating 
                                agencies concerning the issues to be 
                                considered by the lead agency and the 
                                participating agencies in conducting 
                                the integrated review process with 
                                respect to the application.
                            ``(ii) Duties of participating agencies.--
                        Unless otherwise required by law (including a 
                        regulation), each participating agency shall--
                                    ``(I) communicate with the lead 
                                agency at the earliest practicable time 
                                concerning any potential impediment to 
                                the issuance of the authorization to 
                                the applicant;
                                    ``(II) commit to early and 
                                continuous involvement and concurrence 
                                at key decision points as determined by 
                                the lead agency; and
                                    ``(III) refrain from raising any 
                                additional issues with respect to an 
                                application after the date of execution 
                                of the memorandum of understanding 
                                concerning the application under clause 
                                (i)(IV).
            ``(3) Public participation.--
                    ``(A) In general.--The lead agency, in conjunction 
                with the Governor of each State affected by an 
                application for an authorization for an energy 
                facility--
                            ``(i) shall provide for early environmental 
                        screening to identify and address any 
                        environmental concern associated with the 
                        authorization for the energy facility; and
                            ``(ii) to the extent practicable, shall 
                        ensure maximum public participation at the 
beginning of the integrated review process.
                    ``(B) Presentation of information.--Under 
                subparagraph (A)(ii), the lead agency shall ensure that 
                the presentation of environmental information to the 
                public is comprehensive, informative, and 
                understandable.
            ``(4) Dispute resolution.--If, after timely compliance with 
        a deadline established under this subsection, the lead agency 
        finds that an environmental concern relating to an 
        authorization for an energy facility over which a participating 
        agency has jurisdiction under Federal law has not been 
        resolved, the Chairman of the Council on Environmental Quality, 
        in consultation with the lead agency and the head of the 
        participating agency, shall resolve the matter not later than 
        30 days after the date of the finding.
    ``(d) Delegation From Participating Agency to Lead Agency.--
Notwithstanding any other provision of law, with the agreement of the 
lead agency, the head of any participating agency may delegate to the 
lead agency the authority to issue any authorization for an energy 
facility or a class of energy facilities.
    ``(e) Participation of State Agencies.--A State agency with 
jurisdiction under State law over siting and construction of energy 
facilities may elect to participate in an integrated review process 
under the terms and conditions established by the lead agency for all 
Federal agencies that participate in the integrated review process.
    ``(f) Federal Delegation to States.--At the request of a Governor 
of a State, and with the concurrence of an applicant, the lead agency 
may delegate to an appropriate State agency the authority to prepare an 
environmental impact statement or an environmental assessment relating 
to construction, operation, or maintenance of an energy facility if--
            ``(1) such a statement or assessment is required under this 
        Act;
            ``(2) the energy facility is located entirely within the 
        State and the State agency has statewide jurisdiction and 
        responsibility for preparation of environmental impact 
        statements and environmental assessments;
            ``(3) the responsible Federal official of the lead agency 
        provides guidance and participates in the preparation of the 
        environmental impact statement or environmental assessment by 
        the State agency;
            ``(4) the responsible Federal official independently 
        evaluates any environmental impact statement or environmental 
        assessment prepared by the State agency before the statement or 
        assessment is approved; and
            ``(5) the responsible Federal official--
                    ``(A) provides early notification to and solicits 
                the views of any other affected State or any affected 
                Federal land management entity of any action or 
                alternative to the action that may have a significant 
                impact on the State or Federal land management entity; 
                and
                    ``(B) if the State agency disagrees with the 
                assessment of the responsible Federal official with 
                respect to an impact described in subparagraph (A), 
                prepares a written assessment of the impact for 
                incorporation into the environmental impact statement 
                or environmental assessment prepared by the State 
                agency.
    ``(g) Financial Assistance.--To ensure that the policies of this 
Act and other laws that further the purposes of this Act are most 
effectively implemented, the lead agency may make funds available to 
the Governor of a State that assumes responsibility for environmental 
review that would otherwise be conducted by the lead agency.
    ``(h) Preemption.--Nothing in this section preempts any State law 
relating to siting or construction of energy facilities.''.
                                 <all>