S.Amdt. 4680

1. Adds SEC. 10__. COORDINATION AND EXPEDITED APPROVAL OF RENEWABLE ENERGY FACILITY SITING on page 443, line 23

   Adds a sectionPrinted page

   Inserted: SEC. 10__. COORDINATION AND EXPEDITED APPROVAL OF RENEWABLE ENERGY FACILITY SITING.

   Inserted: (a) Establishment.--There shall be established, within the Executive Office of the President, the position of Director of Renewable Energy Facility Siting (referred to in this section as the "Director"), to be appointed by the President by and with the advice and consent of the Senate.

   Inserted: (b) Duties.--The Director shall--

   Inserted: (1) coordinate and expedite the review by Federal agencies of projects involving the siting of renewable energy projects in cases in which the review is otherwise required by law;

   Inserted: (2) resolve siting conflicts, including through the development of mitigation measures; and

   Inserted: (3) issue final executive branch approval or disapproval for the projects in accordance with subsection (e).

   Inserted: (c) Agency Procedures.--

   Inserted: (1) In general.--Not later than 45 days after the date of enactment of this Act, the Director, in coordination with Director of the Office of Management and Budget, shall establish--

   Inserted: (A) procedures under which each Federal agency with a responsibility or interest under law in projects involving the siting of renewable energy facilities within the United States to notify the Director of those responsibilities or interests; and

   Inserted: (B) procedures for the coordination of any required assessment or review of proposed projects.

   Inserted: (2) Responsibilities and interests.--For purposes of paragraph (1), responsibilities and interests shall include impacts on national security, energy security, public health and safety, and the environment.

   Inserted: (3) Publication.--As soon as practicable after notification by affected agencies under paragraph (1), the Director shall publish in the Federal Register a list of the affected agencies and the responsibilities and interests of each affected agency.

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   Inserted: (d) Notification Procedures.--Not later than 90 days after the date of enactment of this Act, the Director shall establish procedures that require the sponsors of renewable energy projects requiring review by a Federal agency to notify the Director of, with respect to each such proposed project--

   Inserted: (1) the location;

   Inserted: (2) the energy technology to be used;

   Inserted: (3) the energy output of the project; and

   Inserted: (4) the schedule for project development.

   Inserted: (e) Review and Approval Process.--

   Inserted: (1) In general.--The Director shall ensure that each Federal agency with responsibility to assess any aspect of a proposed facility under this section--

   Inserted: (A) completes the review of the project in a timely manner; and

   Inserted: (B) provides to the Director any assessments, determinations, or analyses required under law.

   Inserted: (2) Final approval or disapproval.--If the agency assessments, determinations, or analyses provided under paragraph (1)(B) fail to fully resolve any siting issue, based on the administrative record or on appeal by a project sponsor or party to the proceeding, the Director may issue a final decision approving or disapproving a project.

   Inserted: (f) Judicial Review.--A final decision by the Director to approve or disapprove the siting of a proposed renewable energy facility shall be considered a final agency action and subject to review in the United States Court of Appeals for the District of Columbia Circuit.

   Inserted: (g) NEPA.--

   Inserted: (1) In general.--Except as provided in paragraph (2), nothing in this section waives or alters any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (2) Exception.--Notwithstanding paragraph (1), if the environmental impact of a proposed facility is subject to an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by an agency described in subsection (c), a final decision by the Director shall not be considered a separate agency action subject to that Act.

   Inserted: (h) Improvement of Agency Policies and Functions.--For the purpose of more effective siting of renewable energy facilities, the Director shall evaluate the objectives and procedures used by agencies described in subsection (c) for the purpose of making recommendations to the President to improve agency coordination and approval of the facilities.

   Inserted: (i) Relationship to Other Requirements.--Nothing in this section affects the obligations of any agency to comply with any other provision of law.

   Inserted: SEC. 10__. AIR NAVIGATION REVIEW OF WIND TURBINES.

   Inserted: Section 44718 of title 49, United States Code, is amended by adding at the end the following:

   Inserted: "(e) Wind Energy Turbines and Studies.--In carrying out this section related to construction of a wind energy turbine and conducting any associated aeronautical study, the Secretary shall--

   Inserted: "(1) require any entity proposing to construct a turbine or group of turbines to notify the Federal Aviation Administration not later than 30 days after the date the entity files for approval to construct the project with the applicable local, State, or Federal siting authority;

   Inserted: "(2) afford the entity an opportunity to file project plans, locations, descriptions, mitigation measures, or other information that will assist the Secretary in the review and mitigation of any impacts to the maximum extent practicable; and

   Inserted: "(3) notify the Secretary of Defense not later than 30 days after the receipt by the Administration of a proposal received pursuant to paragraph (1) and coordinate receipt of any comments, or recommendations for mitigation measures pertaining to the proposal, by the Secretary of Defense as soon as practicable but not later than 30 days following an approval to construct pursuant to paragraph (1).".

   Original wording

   On page 443, after line 23, add the following:

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