S.Amdt. 4964

1. Adds TITLE IV--REFORMS TO PROMOTE MORE AFFORDABLE ENERGY at the end of the bill

   Adds a title

   In H.R. 3076 · Placed on Calendar Senate

   Passed the House of Representatives February 8, 2022.

   Inserted: TITLE IV--REFORMS TO PROMOTE MORE AFFORDABLE ENERGY

   Inserted: SEC. 401. LIMITING NEW RED TAPE AND COSTS FOR GASOLINE AND OTHER FUELS.

   Inserted: (a) Prohibition of New Methane Regulations on Existing Oil and Gas Sources.--The Administrator of the Environmental Protection Agency (referred to in this section as the "Administrator") shall not finalize any regulation relating to methane emissions for existing oil and gas sources under section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)).

   Inserted: (b) Waiver of Low Volatility Gasoline Requirements.--In accordance with section 211(c)(4)(C)(ii) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)(ii)), the Administrator shall temporarily waive low volatility gasoline requirements for any gasoline sold in the United States on or after the date of enactment of this Act until the average price of gasoline sold in the United States decreases to the average price of gasoline sold on January 1, 2021, as determined using data from the Energy Information Administration.

   Inserted: (c) Preemption of State Low-carbon Fuel Standards.--Any low-carbon fuel standard implemented by any State, including any State-based program that regulates transportation fuels on carbon intensity for the purpose of reducing greenhouse gas emissions, is preempted by the Renewable Fuel Program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) for the purpose of better aligning the gasoline supply in the United States.

   Inserted: (d) Point of Order Against Legislation That Increases Gasoline or Natural Gas Prices by Imposing Charge, Fee, or Tax on Methane Emissions From the Oil and Gas Sector.--

   Inserted: (1) Point of order.--It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that increases the price of gasoline or natural gas in the United States through the imposition of a charge, fee, or tax on methane emissions from the oil and gas sector.

   Inserted: (2) Waiver and appeal.--Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1).

   Inserted: (e) Prohibition on Use of Social Cost of Greenhouse Gas Estimates Raising Gasoline Prices.--

   Inserted: (1) In general.--In promulgating regulations, issuing guidance, or taking any agency action (as defined in section 551 of title 5, United States Code) relating to the social cost of greenhouse gases, no Federal agency shall adopt or otherwise use any estimates for the social cost of greenhouse gases that may raise gasoline prices, as determined through a review by the Energy Information Administration.

   Inserted: (2) Inclusion.--The estimates referred to in paragraph (1) include the interim estimates in the document of the Interagency Working Group on the Social Cost of Greenhouse Gases entitled "Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990" and dated February 2021.

   Inserted: SEC. 402. EXPEDITING PERMITTING AND REVIEW PROCESSES.

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   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Authorization.--The term "authorization" means any license, permit, approval, finding, determination, or other administrative decision issued by a Federal department or agency that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of an energy project, including any authorization described in section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).

   Inserted: (2) Energy project.--The term "energy project" means any project involving the exploration, development, production, transportation, combustion, transmission, or distribution of an energy resource or electricity for which--

   Inserted: (A) an authorization is required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

   Inserted: (B)(i) the head of the lead agency has determined that an environmental impact statement is required; or

   Inserted: (ii) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as an energy project.

   Inserted: (3) Environmental impact statement.--The term "environmental impact statement" means the detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (4) Environmental review and authorization process.--The term "environmental review and authorization process" means--

   Inserted: (A) the process for preparing for an energy project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

   Inserted: (B) the completion of any authorization decision required for an energy project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

   Inserted: (5) Lead agency.--The term "lead agency" means--

   Inserted: (A) the Department of Energy;

   Inserted: (B) the Department of the Interior;

   Inserted: (C) the Department of Agriculture;

   Inserted: (D) the Federal Energy Regulatory Commission;

   Inserted: (E) the Nuclear Regulatory Commission; or

   Inserted: (F) any other appropriate Federal agency, as applicable, that may be responsible for navigating the energy project through the environmental review and authorization process.

   Inserted: (6) Project sponsor.--The term "project sponsor" means an agency or other entity, including any private or public-private entity, that seeks approval from a lead agency for an energy project.

   Inserted: (b) Timely Authorizations for Energy Projects.--

   Inserted: (1) In general.--

   Inserted: (A) Deadline.--Except as provided in subparagraph (C), all authorization decisions necessary for the construction of an energy project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the energy project by the lead agency.

   Inserted: (B) Detail.--The final environmental impact statement for an energy project shall include an adequate level of detail to inform decisions necessary for the role of any Federal agency involved in the environmental review and authorization process for the energy project.

   Inserted: (C) Extension of deadline.--The head of a lead agency may extend the deadline under subparagraph (A) if--

   Inserted: (i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph;

   Inserted: (ii) the project sponsor requests that the permit or approval follow a different timeline; or

   Inserted: (iii) an extension would facilitate completion of the environmental review and authorization process of the energy project.

   Inserted: (2) Energy project schedule.--To the maximum extent practicable and consistent with applicable Federal law, for an energy project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the energy project that is consistent with a time period of not more than 2 years for the completion of the environmental review and authorization process for an energy project, as measured from, as applicable--

   Inserted: (A) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or

   Inserted: (B) the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.

   Inserted: (3) Length of environmental impact statement.--

   Inserted: (A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for an energy project shall be 200 pages or fewer.

   Inserted: (B) Exemption.--The text referred to in subparagraph (A) of an environmental impact statement for an energy project may exceed 200 pages if the lead agency establishes a new page limit for the environmental impact statement for that energy project.

   Inserted: (c) Deadline for Filing Energy-related Causes of Action.--

   Inserted: (1) Definitions.--In this subsection:

   Inserted: (A) Agency action.--The term "agency action" has the meaning given the term in section 551 of title 5, United States Code.

   Inserted: (B) Energy-related cause of action.--The term "energy-related cause of action" means a cause of action that--

   Inserted: (i) is filed on or after the date of enactment of this Act; and

   Inserted: (ii) seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission for an energy project.

   Inserted: (2) Deadline for filing.--

   Inserted: (A) In general.--Notwithstanding any other provision of Federal law, an energy-related cause of action shall be filed by--

   Inserted: (i) not later than 60 days after the date of publication of the applicable final agency action; or

   Inserted: (ii) if another Federal law provides for an earlier deadline than the deadline described in clause (i), the earlier deadline.

   Inserted: (B) Prohibition.--An energy-related cause of action that is not filed within the applicable time period described in subparagraph (A) shall be barred.

   Inserted: (d) Application of Categorical Exclusions for Energy Projects.--In carrying out requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for an energy project, a Federal agency may use categorical exclusions designated under that Act in the implementing regulations of any other agency, subject to the conditions that--

   Inserted: (1) the agency makes a determination, in consultation with the lead agency, that the categorical exclusion applies to the energy project;

   Inserted: (2) the energy project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

   Inserted: (3) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the agency, except any list of the agency that designates categorical exclusions.

   Inserted: SEC. 403. PROVIDING REGULATORY CERTAINTY.

   Inserted: (a) Waters of the United States.--The definitions of the term "waters of the United States" and the other terms defined in section 328.3 of title 33, Code of Federal Regulations (as in effect on January 1, 2021), are enacted into law.

   Inserted: (b) Codification of Section 401 Certification Rule.--The final rule of the Environmental Protection Agency entitled "Clean Water Act Section 401 Certification Rule" (85 Fed. Reg. 42210 (July 13, 2020)) is enacted into law.

   Inserted: (c) Codification of Nationwide Permits.--The Nationwide Permits issued, reissued, or modified, as applicable, in the following final rules of the Corps of Engineers are enacted into law:

   Inserted: (1) The final rule of the Corps of Engineers entitled "Reissuance and Modification of Nationwide Permits" (86 Fed. Reg. 2744 (January 13, 2021)).

   Inserted: (2) The final rule of the Corps of Engineers entitled "Reissuance and Modification of Nationwide Permits" (86 Fed. Reg. 73522 (December 27, 2021)).

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