[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4502 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4502

 To amend the Natural Gas Act to bolster fairness and transparency in 
   the consideration of interstate natural gas pipeline permits, to 
   provide for greater public input opportunities in the natural gas 
          pipeline permitting process, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2020

 Mr. Kaine (for himself and Mr. Warner) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Natural Gas Act to bolster fairness and transparency in 
   the consideration of interstate natural gas pipeline permits, to 
   provide for greater public input opportunities in the natural gas 
          pipeline permitting process, 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 ``Pipeline Fairness, Transparency, and 
Responsible Development Act of 2020''.

SEC. 2. NOTICE TO AFFECTED LANDOWNERS.

    (a) Initial Notice.--Section 7(d) of the Natural Gas Act (15 U.S.C. 
717f(d)) is amended--
            (1) by striking the subsection designation and all that 
        follows through ``Application for certificates'' and inserting 
        the following:
    ``(d) Application for Certificate of Public Convenience and 
Necessity.--
            ``(1) In general.--Subject to paragraph (2), an application 
        for a certificate''; and
            (2) by adding at the end the following:
            ``(2) Requirements.--
                    ``(A) Application.--An application for a 
                certificate of public convenience and necessity under 
                paragraph (1) shall include--
                            ``(i) the name and address of each 
                        interested party on whom the applicant is 
                        required to serve notice of the application 
                        under that paragraph; and
                            ``(ii) a copy of the notice proposed to be 
                        served on each interested party under that 
                        paragraph.
                    ``(B) Notice.--
                            ``(i) In general.--A notice served on an 
                        interested party under paragraph (1) shall 
                        include--
                                    ``(I) a description of the 
                                proceeding before the Commission 
                                relating to the application for a 
                                certificate of public convenience and 
                                necessity;
                                    ``(II) complete instructions on how 
                                the interested party can move to 
                                intervene in the proceeding described 
                                in the notice, including instructions 
                                on how to intervene--
                                            ``(aa) electronically; and
                                            ``(bb) through a paper 
                                        filing;
                                    ``(III) a clear statement of the 
                                contents required to be included in a 
                                motion to intervene in the proceeding 
                                described in the notice;
                                    ``(IV) the deadline for the 
                                interested party to move to intervene 
                                in the proceeding described in the 
                                notice; and
                                    ``(V) a section, separated from the 
                                remaining text of the notice and 
                                clearly displayed in bold print, 
                                informing the interested party that--
                                            ``(aa) in order to preserve 
                                        the right to seek judicial 
                                        review of a decision by the 
                                        Commission relating to the 
                                        certificate of public 
                                        convenience and necessity, the 
                                        interested party must intervene 
                                        in the proceeding described in 
                                        the notice; and
                                            ``(bb) intervention in the 
                                        proceeding described in the 
                                        notice is the only way to 
                                        preserve the right to judicial 
                                        review described in item (aa).
                            ``(ii) Review.--The Commission shall--
                                    ``(I) review each notice submitted 
                                to the Commission under subparagraph 
                                (A)(ii) to determine whether the notice 
                                meets the requirements described in 
                                clause (i); and
                                    ``(II) approve the notice only if 
                                the notice meets those requirements.
                            ``(iii) Service.--
                                    ``(I) In general.--An applicant may 
                                not serve notice on an interested party 
                                under paragraph (1) unless the notice 
                                has been approved by the Commission 
                                under clause (ii).
                                    ``(II) Deadline.--A notice under 
                                paragraph (1) shall be served on an 
                                interested party not less than 60 days 
                                before the last day on which the 
                                interested party may intervene in the 
                                proceeding described in the notice.
                    ``(C) Public availability of information relating 
                to interested parties.--On request of any person, the 
                Commission shall disclose the names and addresses 
                submitted to the Commission under subparagraph (A)(i), 
                subject to such reasonable terms and conditions as the 
                Commission determines to be appropriate.''.
    (b) Subsequent Notice.--Section 7(e) of the Natural Gas Act (15 
U.S.C. 717f(e)) is amended--
            (1) by striking the subsection designation and all that 
        follows through ``of this section,'' in the first sentence and 
        inserting the following:
    ``(e) Issuance of Certificate.--
            ``(1) In general.--Except in the cases governed by the 
        provisos in subparagraphs (A) and (B) of subsection (c)(1), and 
        subject to paragraphs (2) through (4),'';
            (2) in paragraph (1) (as so designated), by striking 
        ``necessity; otherwise'' in the first sentence and all that 
        follows through ``The Commission'' in the second sentence and 
        inserting the following: ``necessity.
            ``(2) Requirement.--The Commission shall deny any 
        application for which the Commission has not made the findings 
        described in paragraph (1).
            ``(3) Terms and conditions.--The Commission''; and
            (3) by adding at the end the following:
            ``(4) Notice of issuance.--
                    ``(A) In general.--On issuance of a certificate of 
                public convenience and necessity by the Commission, the 
                applicant requesting the certificate shall provide to 
                each interested party on whom the applicant served 
                notice of the application under subsection (d) a notice 
                of the issuance of the certificate.
                    ``(B) Requirements.--Each notice under subparagraph 
                (A) shall include--
                            ``(i) complete instructions on how the 
                        recipient of the notice may apply for a 
                        rehearing before the Commission;
                            ``(ii) a clear statement of the contents 
                        required to be included in an application for a 
                        rehearing before the Commission;
                            ``(iii) the deadline for the recipient to 
                        file that application;
                            ``(iv) the time period for seeking judicial 
                        review of a decision of the Commission on an 
                        application for rehearing;
                            ``(v) a statement informing the recipient 
                        that judicial review will not be available with 
                        respect to a decision of the Commission on any 
                        issue for which the recipient has not sought 
                        rehearing before the Commission; and
                            ``(vi) a clear reference to--
                                    ``(I) subsections (a) and (b) of 
                                section 19; and
                                    ``(II) any rules issued under those 
                                subsections relating to the time or 
                                manner of seeking--
                                            ``(aa) a rehearing before 
                                        the Commission; or
                                            ``(bb) judicial review of a 
                                        decision of the Commission 
                                        under this section, including 
                                        any decision on a rehearing.
                    ``(C) Effect of notice.--A court may not grant a 
                petition for eminent domain under subsection (h) with 
                respect to any property covered by the applicable 
                certificate of public convenience and necessity issued 
                under this subsection unless the holder of the 
                certificate has provided notice under this paragraph to 
                each interested party described in subparagraph (A).''.

SEC. 3. CONDITIONED CERTIFICATES.

    Section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)) (as amended 
by section 2(b)) is amended by adding at the end the following:
            ``(5) Restrictions.--
                    ``(A) Eminent domain.--
                            ``(i) Commencement of action.--A holder of 
                        a certificate of public convenience and 
                        necessity may not commence an action under 
                        subsection (h) until the earliest date on which 
                        all timely applications for rehearing under 
                        section 19(a)--
                                    ``(I) have received a ruling on the 
                                merits by the Commission under that 
                                section; or
                                    ``(II) have been deemed denied 
                                under paragraph (3)(B)(i) of that 
                                section.
                            ``(ii) Ruling on petition.--A court may not 
                        grant a petition for eminent domain under 
                        subsection (h) with respect to any property 
                        covered by the applicable certificate of public 
                        convenience and necessity if the holder of that 
                        certificate has not received all required 
                        certifications, authorizations, approvals, 
                        permits, or other permissions from Federal or 
                        State agencies necessary--
                                    ``(I) to begin construction; and
                                    ``(II) to complete the entire 
                                project for which the certificate was 
                                issued.
                    ``(B) Construction.--The holder of a certificate of 
                public convenience and necessity may not begin 
                construction under that certificate until the later 
                of--
                            ``(i) the earliest date on which the holder 
                        has received all required certifications, 
                        authorizations, approvals, permits, or other 
                        permissions described in subparagraph (A)(ii); 
                        and
                            ``(ii) the earliest date on which all 
                        timely applications for rehearing under section 
                        19(a)--
                                    ``(I) have received a ruling on the 
                                merits by the Commission under that 
                                section; or
                                    ``(II) have been deemed denied 
                                under paragraph (3)(B)(i) of that 
                                section.''.

SEC. 4. EMINENT DOMAIN.

    (a) Statement of Policy.--With respect to the construction and 
operation of natural gas pipelines, it is the policy of the United 
States to protect the rights of citizens of the United States to their 
private property, including by limiting the taking of private property 
by the Federal Government to situations in which the taking is for 
public use, with just compensation, and required by the public 
convenience and necessity, and not merely to advance the economic 
interests of private parties that would be given ownership or use of 
the property taken.
    (b) Just Compensation.--Section 7(h) of the Natural Gas Act (15 
U.S.C. 717f(h)) is amended--
            (1) by striking the subsection designation and all that 
        follows through ``When any holder'' in the first sentence and 
        inserting the following:
    ``(h) Eminent Domain.--
            ``(1) In general.--When any holder'';
            (2) in paragraph (1) (as so designated), in the second 
        sentence--
                    (A) by striking ``The practice'' and inserting the 
                following:
            ``(2) Practice and procedure.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                practice'';
            (3) in paragraph (2)(A) (as so designated), by striking 
        ``situated: Provided, That the'' and inserting the following 
        ``situated.
                    ``(B) Limitation.--The''; and
            (4) by adding at the end the following:
            ``(3) Just compensation.--
                    ``(A) Definition of lost conservation value.--In 
                this paragraph, the term `lost conservation value' 
                means--
                            ``(i) the value of any use of land for 
                        conservation purposes (as defined in section 
                        1.170A-14(d) of title 26, Code of Federal 
                        Regulations (or a successor regulation)) that 
                        is interrupted or prevented by the exercise of 
                        the right of eminent domain under paragraph 
                        (1);
                            ``(ii) any decrease in the value of land 
                        due to the interruption or prevention of a use 
                        described in clause (i); and
                            ``(iii) any lost benefit or decrease in the 
                        value of a benefit due to the interruption or 
                        prevention of a use described in clause (i).
                    ``(B) Land subject to a conservation easement.--In 
                determining the just compensation for property acquired 
                by the exercise of the right of eminent domain under 
                paragraph (1), in the case of land subject to a 
                conservation easement, the court with jurisdiction over 
                the proceeding shall consider the lost conservation 
                value of that land.''.

SEC. 5. APPRAISALS, OFFERS OF COMPENSATION, AND POSSESSION.

    Section 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)) (as amended 
by section 4(b)) is amended by adding at the end the following:
            ``(4) Appraisals and offers of compensation.--
                    ``(A) Appraisals.--
                            ``(i) In general.--The holder of a 
                        certificate of public convenience and necessity 
                        shall have the property covered by the 
                        certificate appraised in accordance with 
                        generally accepted appraisal standards.
                            ``(ii) Requirement.--The owner of the 
                        applicable property (or a designated 
                        representative of the owner) shall be given the 
                        opportunity to accompany the appraiser during 
                        any inspection of the property that is part of 
                        an appraisal under clause (i).
                            ``(iii) Timing.--An appraisal under clause 
                        (i) shall be carried out before the holder of 
                        the certificate of public convenience and 
                        necessity makes an offer of compensation to the 
                        owner of the applicable property.
                    ``(B) Offers of compensation.--Any offer of 
                compensation made to an owner of property that is 
                covered by a certificate of public convenience and 
                necessity--
                            ``(i) shall be made in writing;
                            ``(ii) may not be for an amount less than 
                        the fair market value of the property, as 
                        determined by an appraisal carried out under 
                        subparagraph (A); and
                            ``(iii) shall include damages to any 
                        property of the owner that is adjacent to the 
                        property covered by the certificate.
            ``(5) Judicial review of eminent domain petition.--No court 
        shall have jurisdiction to review a petition for eminent domain 
        under this subsection unless--
                    ``(A) an appraisal has been carried out in 
                accordance with subparagraph (A) of paragraph (4); and
                    ``(B) the holder of the certificate of public 
                convenience and necessity has made an offer of 
                compensation to the owner of the applicable property in 
                accordance with subparagraph (B) of that paragraph.
            ``(6) Right of possession.--An owner of property covered by 
        a certificate of public convenience and necessity shall not be 
        required to surrender possession of the property unless the 
        holder of the certificate--
                    ``(A) has paid to the owner the agreed purchase 
                price; or
                    ``(B) has deposited with the applicable court the 
                amount of the award of compensation in the condemnation 
                proceeding for the property.''.

SEC. 6. PROCESS COORDINATION FOR ENVIRONMENTAL REVIEW.

    Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended by 
adding at the end the following:
    ``(g) Environmental Review for Interstate Natural Gas Pipelines.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Federal authorization.--
                            ``(i) In general.--The term `Federal 
                        authorization' means any authorization required 
                        under Federal law with respect to an 
                        application for a certificate of public 
                        convenience and necessity under section 7.
                            ``(ii) Inclusions.--The term `Federal 
                        authorization' includes any permits, special 
                        use authorizations, certifications, opinions, 
                        or other approvals as may be required under 
                        Federal law with respect to an application for 
                        a certificate of public convenience and 
                        necessity under section 7.
                    ``(B) Project.--The term `project' means a project 
                for the construction or extension of facilities for the 
                transportation in interstate commerce of natural gas 
                that requires Federal authorization.
            ``(2) Programmatic environmental impact statements.--In 
        considering an application for Federal authorization for a 
        project in a State, if, during the 1-year period beginning on 
        the date on which the application is filed, an application for 
        Federal authorization for a separate project is filed, and that 
        project is located in the same State and within 100 miles of 
        the first project, the Commission shall consider both projects 
        to be 1 project for purposes of complying with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(3) Supplemental environmental impact statements.--
                    ``(A) In general.--If the Commission determines 
                that comments submitted in response to a draft 
                environmental impact statement prepared with respect to 
                an application for Federal authorization raise issues 
                that exceed the initial scope of the draft 
                environmental impact statement, a supplemental 
                environmental impact statement shall be prepared for 
                the project.
                    ``(B) Mitigation plans.--If a draft environmental 
                impact statement prepared with respect to an 
                application for Federal authorization does not include 
                information about mitigation plans for adverse impacts 
                that cannot reasonably be avoided, a supplemental 
                environmental impact statement shall be prepared that 
                includes that information.
            ``(4) Public meeting requirements.--In complying with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) with respect to an application for Federal authorization, 
        the Commission shall ensure that any public meeting shall be 
        held--
                    ``(A) in each county or equivalent subdivision in 
                which the project will be located; and
                    ``(B) during each period of public comment 
                preceding, if applicable, publication of--
                            ``(i) a draft environmental impact 
                        statement;
                            ``(ii) a final environmental impact 
                        statement; and
                            ``(iii) any supplemental environmental 
                        impact statement.''.

SEC. 7. IMPACTS ON CRITICAL NATURAL RESOURCES.

    Subsection (g) of section 15 of the Natural Gas Act (15 U.S.C. 
717n) (as added by section 6) is amended by adding at the end the 
following:
            ``(5) National scenic trails.--
                    ``(A) In general.--In preparing an environmental 
                impact statement with respect to an application for 
                Federal authorization for a project, any evaluation of 
                the visual impacts of the project on a national scenic 
                trail designated by the National Trails System Act (16 
                U.S.C. 1241 et seq.) in the environmental impact 
                statement shall--
                            ``(i) consider the cumulative visual 
                        impacts of any similar proposed project--
                                    ``(I) for which an application for 
                                Federal authorization is in the pre-
                                filing or filing stage; and
                                    ``(II) that impacts the same 
                                national scenic trail within 100 miles 
                                of the first project; and
                            ``(ii) include visual impact simulations 
                        depicting leaf-on and leaf-off views at each 
                        location where major visual impacts occur, as 
                        identified, authenticated, and justified during 
                        the period of public comment preceding the 
                        publication of a draft environmental impact 
                        statement by the head of the Federal agency or 
                        independent agency administering the land at 
                        the applicable location.
                    ``(B) National forest management plans.--No 
                amendment to a National Forest management plan under 
                the Forest and Rangeland Renewable Resources Planning 
                Act of 1974 (16 U.S.C. 1600 et seq.) shall be 
                considered if the result of the amendment represents 
                net degradation to the resources of a national scenic 
                trail designated by the National Trails System Act (16 
                U.S.C. 1241 et seq.).''.

SEC. 8. JUDICIAL REVIEW.

    Section 19(a) of the Natural Gas Act (15 U.S.C. 717r(a)) is 
amended--
            (1) in the sixth sentence, by striking ``Until the record'' 
        and inserting the following:
            ``(5) Powers of the commission.--Until the record'';
            (2) in the fifth sentence, by striking ``No proceeding'' 
        and inserting the following:
            ``(4) Application required for judicial review.--No 
        proceeding'';
            (3) by striking the fourth sentence and inserting the 
        following:
                    ``(B) Effect of failure to timely rule on the 
                merits.--
                            ``(i) In general.--If the Commission has 
                        not ruled on the merits of an application for 
                        rehearing under this subsection by the date 
                        that is 45 days after the date on which the 
                        application is filed with the Commission, the 
                        application shall be deemed denied on that 
                        date.
                            ``(ii) Orders granting rehearing for 
                        further consideration.--For purposes of clause 
                        (i), an order granting an application for 
                        rehearing solely for the purpose of further 
                        considering the issues raised in the 
                        application shall not be considered to be a 
                        ruling on the merits of the application.
                            ``(iii) Judicial review.--An application 
                        that is deemed denied under clause (i) may be 
                        reviewed by a court of appeals of the United 
                        States in accordance with subsection (b).'';
            (4) in the third sentence, by striking ``Upon such 
        application'' and inserting the following:
            ``(3) Decision on application.--
                    ``(A) In general.--On an application for rehearing 
                under this subsection,'';
            (5) in the second sentence, by striking ``The application'' 
        and inserting the following:
            ``(2) Contents.--An application''; and
            (6) by striking the subsection designation and all that 
        follows through ``Any person'' in the first sentence and 
        inserting the following:
    ``(a) Application for Rehearing.--
            ``(1) In general.--Any person''.
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