[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1340 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1340

  To provide for an expedited permitting process for critical energy 
  infrastructure projects relating to the establishment of a regional 
           energy hub in Appalachia, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2017

  Mrs. Capito introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for an expedited permitting process for critical energy 
  infrastructure projects relating to the establishment of a regional 
           energy hub in Appalachia, 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 ``Appalachian Energy and Manufacturing 
Infrastructure Revitalization Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appalachia.--The term ``Appalachia'' means the region 
        comprised of the following States:
                    (A) Kentucky.
                    (B) Ohio.
                    (C) Pennsylvania.
                    (D) West Virginia.
            (2) Appalachian regional energy hub.--The term 
        ``Appalachian regional energy hub'' means a regional energy hub 
        in Appalachia for natural gas and natural gas liquids, 
        including storage and associated pipelines.
            (3) Applicable federal agency.--The term ``applicable 
        Federal agency'' means a Federal agency responsible for the 
        permitting, or administrative or environmental review or 
        approval, of a critical energy infrastructure project or an 
        aspect of a critical energy infrastructure project.
            (4) Applicable state.--The term ``applicable State'' means 
        a State in Appalachia in which a critical energy infrastructure 
        project or an aspect of a critical energy infrastructure 
        project is or is proposed be located.
            (5) Applicable state agency.--The term ``applicable State 
        agency'' means the State agency responsible for the permitting, 
        or administrative or environmental review or approval, of a 
        critical energy infrastructure project or an aspect of a 
        critical energy infrastructure project.
            (6) Critical energy infrastructure project.--The term 
        ``critical energy infrastructure project'' means a project 
        designated under section 3(a) as a critical energy 
        infrastructure project eligible for expedited permitting under 
        section 4.
            (7) Project sponsor.--The term ``project sponsor'' means a 
        Federal or State agency or private entity proposing the 
        development of a critical energy infrastructure project.
            (8) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Commerce and the Secretary of Energy.

SEC. 3. CRITICAL ENERGY INFRASTRUCTURE PROJECTS.

    (a) In General.--In accordance with this section, the Secretaries 
may designate one or more eligible projects as critical energy 
infrastructure projects eligible for expedited permitting under section 
4.
    (b) Eligible Projects.--To be eligible to be designated as a 
critical energy infrastructure project under subsection (a), a 
project--
            (1) shall relate to the establishment of an Appalachian 
        regional energy hub; and
            (2) shall be--
                    (A) an ongoing project; or
                    (B) a proposed project.
    (c) Application Process.--
            (1) In general.--A project sponsor seeking for a project to 
        be designated as a critical energy infrastructure project shall 
        submit to the Secretaries an application at such time, in such 
        manner, and containing such information as the Secretaries may 
        require.
            (2) Contents of application.--
                    (A) Minimum criteria.--An application submitted 
                under paragraph (1), at a minimum, shall include--
                            (i) a description of the contribution the 
                        project will make toward achieving the 
                        objective of an Appalachian regional energy 
                        hub;
                            (ii) a description of the direct and 
                        indirect economic benefits and impacts 
                        anticipated to be derived from the project, 
                        including the number of jobs to be created that 
                        will be held by residents of Appalachia;
                            (iii) the availability of immediate private 
                        funding, including loan guarantees, loans, and 
                        grants to implement, operate, or maintain the 
                        project;
                            (iv) the cost of the project;
                            (v) the amount of Federal or State funding, 
                        if any, necessary to implement, operate, or 
                        maintain the project; and
                            (vi) the status of the project if the 
                        project is an ongoing project.
                    (B) Additional criteria.--In addition to the 
                minimum criteria described in clauses (i) through (vi) 
                of subparagraph (A), the Secretaries may require an 
                application submitted under paragraph (1) to describe 
                how the project will meet one or more of the following 
                criteria:
                            (i) Improve the performance of energy 
                        infrastructure and overall energy efficiency.
                            (ii) Promote the development and use of 
                        energy sources found in Appalachia.
                            (iii) Contribute to the revitalization of 
                        manufacturing capacity in Appalachia.
                            (iv) Support the goal of reducing energy 
                        costs and ensuring affordable energy supplies 
                        for consumers and businesses.
    (d) Identification of Applicable State Agencies.--Not later than 30 
days after the date on which the Secretaries receive an application 
under subsection (c)(1), the Secretaries, in consultation with the 
Governor of each applicable State, shall identify all applicable State 
agencies for the project.
    (e) Evaluation of Project.--
            (1) In general.--Not later than 60 days after the date on 
        which the Secretaries receive an application under subsection 
        (c)(1), the Secretaries, in consultation with the Governors of 
        the applicable States and the applicable State agencies 
        identified under subsection (d), shall evaluate the project, 
        including by evaluating the extent to which--
                    (A) the project application meets minimum criteria 
                described in subsection (c)(2)(A); and
                    (B) the project meets one or more of the additional 
                criteria described in subsection (c)(2)(B), if any were 
                required by the Secretaries.
            (2) Public involvement.--As soon as practicable after 
        completing the evaluation under paragraph (1), the Secretaries 
        shall--
                    (A) make the evaluation available to the public; 
                and
                    (B) allow for a period of 30 days for the 
                submission of comments by residents of the applicable 
                States on matters relating to the designation of the 
                project as a critical energy infrastructure project.
    (f) Action by the Secretaries.--
            (1) In general.--Not later than 30 days after the date on 
        which the public comment period under subsection (e)(2)(B) 
        relating to an application concludes, the Secretaries shall 
        determine whether to designate the project proposed by the 
        application as a critical energy infrastructure project.
            (2) Publication.--The Secretaries shall make publicly 
        available the justifications for the determination under 
        paragraph (1).

SEC. 4. EXPEDITED PERMITTING PROCESS.

    (a) Federal Expedited Permitting Process.--
            (1) In general.--Not later than 30 days after the date on 
        which a project is designated as a critical energy 
        infrastructure project under section 3(a), the Secretaries 
        shall coordinate with all applicable Federal agencies to 
        expedite the Federal permitting process relating to the 
        critical energy infrastructure project.
            (2) Federal agency liaisons.--On the request of the 
        Secretaries and not later than 30 days after the date on which 
        such a request is received, each applicable Federal agency 
        shall designate a liaison within the applicable Federal agency 
        who shall be responsible for coordinating with all other 
        applicable Federal agencies and applicable State agencies with 
        respect to critical energy infrastructure projects.
            (3) FERC review.--The Federal Energy Regulatory Commission 
        shall complete a review of any application or license relating 
        to the critical energy infrastructure project.
            (4) Expedited reviews and actions of federal agencies.--
                    (A) In general.--Notwithstanding any other 
                provision of law, in any case in which a decision under 
                any other Federal law relating to a critical energy 
                infrastructure project is required to be made, each 
                applicable Federal agency shall complete any relevant 
                review not later than 60 days after the date on which 
                the Federal Energy Regulatory Commission completes the 
                review described in paragraph (3).
                    (B) Effect of noncompliance.--
                            (i) In general.--A permit, license, or 
                        other similar application for approval relating 
                        to a critical energy infrastructure project 
                        that requires approval or other action by a 
                        Federal agency shall be considered to be 
                        approved by the Federal agency if the Federal 
                        agency fails to approve or otherwise take an 
                        action relating to the permit, license, or 
                        other similar application by the deadline 
                        described in subparagraph (A).
                            (ii) Final agency action.--
                                    (I) In general.--An approval under 
                                clause (i) shall be considered to be a 
                                final agency action, which may not be 
                                reversed by any agency.
                                    (II) Review.--In any action under 
                                chapter 7 of title 5, United States 
                                Code, that seeks review of a final 
                                agency action under subclause (I), a 
                                court may not set aside the action 
                                based on the action having been made 
                                final under that subclause.
    (b) Expedited Permitting Process Compliance.--On written 
notification by the project sponsor of the failure of an applicable 
Federal agency to adhere to the expedited permitting process required 
under subsection (a), the Secretaries shall take necessary actions 
ensure that the permitting of the critical energy infrastructure 
project is expedited.
    (c) Prioritization.--To the maximum extent practicable, the 
Secretaries shall prioritize the expedited permitting of each critical 
energy infrastructure project under this section.
    (d) Federal Grants and Loans.--The Secretaries and the liaisons 
designated under subsection (a)(2) shall cooperate to ensure expedited 
review of any application by a critical energy infrastructure project 
for a Federal grant, loan, or loan guarantee that is--
            (1) pending as of the date of enactment of this Act; or
            (2) submitted after the date of enactment of this Act.

SEC. 5. SAVINGS CLAUSE.

    Nothing in this Act alters any other Federal law, including any 
other legal requirement under any other Federal law.
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