A bill to provide for an expedited and coordinated process for decisions on proposed non-nuclear energy facilities, and for other purposes.
Priority Energy Project Act - Establishes the Energy Mobilization Board as a special Executive agency to designate energy projects as priority energy projects pursuant to specified procedures.
Requires the Board to meet at least once a month to conduct its business. Empowers the Board to issue subpoenas to monitor compliance with any Project Decision Schedule established under this Act, and sets forth judicial procedures to enforce such subpoenas. Authorizes the Board to issue orders requiring persons to provide specified testimony or information. Enumerates the powers of the Board necessary to conduct its operations.
Directs the Board to review, monitor, and report at least annually to Congress on: (1) the status of activities and programs being conducted by the Board; (2) the status of each priority energy project; and (3) the need for legislation to expedite the completion of priority energy projects. Directs the Board to transmit annually to Congress a comprehensive list of Federal laws and regulations that significantly hinder the completion of energy projects.
Terminates the authority of the Board to designate priority energy projects ten years after the enactment of this Act. Requires that projects designated as priority energy projects prior to the expiration of the Board's authority remain subject to the provisions of this Act.
Abolishes the Board on the last day of the first year after all agency decisions necessary for the completion and initial operation of all priority energy projects have been made. Continues causes of action brought by or against the Board prior to the date of its abolition.
Authorizes the Board to designate any energy project or class of energy projects as a priority energy project pursuant to procedures and criteria specified in this Act.
Permits any person planning or proposing an energy project to apply to the Board for the priority designation. Permits such applications to identify problems which may delay a decision on such project with recommendations. Requires such application to include: (1) a detailed design proposal; (2) detailed economic data on the costs of the project; and (3) an analysis of any environmental impacts of such project. States that the adequacy of such an application shall not be subject to judicial review. Directs the Board to publish notice of designation requests and make such applications available for public inspection and comment. Permits the filing of a priority designation request at any time prior to the completion of the project.
Requires a determination that a proposed energy project is of sufficient national interest and a concurrence of the Chairman and at least two Board members in order to designate such project as a priority energy project. Limits priority designations to those projects which the Board finds will reduce directly or indirectly U.S. dependence on foreign oil or petroleum products by (but not limited to) increased energy production, transportation, conservation, refining, storage, or new energy technologies.
Requires the Board to determine, before publishing a Project Decision Schedule, if any Federal action relating to a priority energy project will be a major Federal action significantly affecting the environment. Authorizes the Board, if it finds such a major Federal action is involved, to require that one final environmental impact statement be used to satisfy the National Environmental Policy Act of 1969 and any comparable requirements under State or local law. Requires the Board to designate a Federal agency as the lead Agency which shall be responsible for the preparation of the environmental impact statement. Sets forth the procedures which the lead Agency shall follow in preparing such statement.
Directs any Federal agency with authority to perform any actions necessary for the completion or operation of a priority energy project to transmit to the Board a compilation of such actions and a tentative schedule for their completion.
Directs the Board to request the Governor of any State which is likely to exercise jurisdiction over such energy project to transmit to the Board a compilation of significant agency actions required by all State and local agencies for the completion and initial operation of such project and a tentative schedule for their completion. Permits the Board to request such information directly from the State and local agencies should the Governor fail to cooperate.
Directs the Board to promulgate and publish a Project Decision Schedule containing reasonable deadlines for all significant final agency actions and decisions and all significant applicant actions. Directs the Board to negotiate and enter into agreements, if possible, with the affected State and local governments establishing the deadlines. Authorizes the Board to establish special procedures in the Project Decision Schedule for any Federal agency subject to such Schedule designed to consolidate agency procedures, eliminate unnecessary duplication, and provide uniformity. Directs the Board to consult with the Federal agencies subject to such Schedule and the Governor of any affected State when setting deadlines. Limits Project Decision Schedules to a period of two years. Permits the Board to revise any deadline or procedure in such Schedule before the project's completion. Permits all Federal, State, and local agencies subject to such Schedule to adopt for themselves special procedures to aid them in meeting the deadlines under such Schedule.
Permits the Board to terminate a priority designation when: (1) an applicant fails to exercise due diligence in complying with the Schedule; (2) an applicant fails to make a good-faith effort to comply with any law governing the project; (3) the designation is no longer necessary to expedite agency decisionmaking; (4) a necessary agency approval has been denied and is not likely to be reversed; or (5) an applicant requests the termination. States that the termination of a priority designation terminates the effect and authority of the Board and the Project Decision Schedule for such project. Subjects the decision of the Board to withdraw a priority designation to judicial review.
Empowers the Board to act in lieu of any Federal, State, or local agency which fails to make a decision or take an action within the time required by a Project Decision Schedule. Permits the Board to bring an enforcement action in a United States district court against any agency which has failed or is reasonably likely to fail to comply with a Schedule. Grants the Temporary Emergency Court of Appeals the exclusive jurisdiction to review all rulings of such district court. Requires the Board to take either such action within 60 days following the agency's failure to comply with a Project Decision Schedule.
Directs the Board to certify to a priority energy project the completion of all agency actions and approvals relating to such project.
States that this Act shall not affect State laws governing the appropriation, use, or diversion of water.
Limits the time within which petitions for review of any action pursuant to this Act can be brought. Exempts the Board from specified provisions of the Administrative Procedure Act. Grants the Temporary Emergency Court of Appeals exclusive jurisdiction to decide any petitions for review challenging the validity of this Act or any action pursuant to it, with specified exceptions. Directs the Court to expedite the determination of such cases. Authorizes appropriations to expand the Court's capacity if necessary to carry out this Act.
States that a priority designation by the Board shall not be subject to judicial review.
Permits the Board to intervene in any Federal, State, or local agency proceeding if such proceeding involves an action pursuant to this Act.
Grants the Supreme Court exclusive jurisdiction to review any interlocutory judgment or order in any case involving an action pursuant to this Act. Limits any grant for injunctive relief to a period of 90 days. Denies any court the authority to grant injunctive relief which prevents the enforcement of a Project Decision Schedule except in conjunction with a final judgment.
Directs the Board to revise the Project Decision Schedule as necessary following any decision remanding any case to an agency.
Authorizes appropriations to carry out this Act.
Authorizes the Board to waive the application of any Federal, State, or local law which goes into effect after construction has commenced on a priority energy facility if the Board finds such waiver: (1) is necessary to ensure timely and cost-effective completion of such facility; and (2) will not unduly endanger public health or safety. Provides that Congress may explicitly prohibit such waiver.
States that this Act shall not affect specified provisions of the Alaska Natural Gas Transportation Act of 1976.
Authorizes the Board to recommend to the President, on its own or upon petition by a priority energy project, the suspension, modification, or amendment of specified Federal laws as they apply to a priority energy project. Limits the Board's authority to make such recommendations to the period between the priority designation of an energy project and the date of its initial commercial operation. Sets forth the procedures which the Board must follow when it makes such a recommendation.
Prohibits the President from acting upon such a recommendation until after the public has had time to submit written comments on it for the President's consideration. Authorizes the President to: (1) transmit the Board's recommendation with any modifications to Congress; (2) remand the recommendation to the Board for further consideration; (3) take no action; or (4) reject the Board's recommendation. Sets forth the procedures which the President must follow when recommending a suspension, modification, or amendment to Congress.
Makes such a recommendation effective only if the Senate and the House of Representatives pass a joint resolution approving it within 60 days of receipt from the President, and such resolution becomes law.
Requires a separate Presidential recommendation and a separate joint resolution for each suspension, modification, or amendment. Makes each recommendation transmitted and joint resolution adopted applicable to only one priority energy project. Prohibits the President from transmitting such recommendations for more than 12 such projects during a single Congress.
Prohibits recommendations which: (1) relate to labor standards, civil rights, securities laws, the Internal Revenue Code, or antitrust laws; (2) violate a primary air quality standard under the Clean Air Act; (3) abridge any person's Constitutional rights; (4) contravene any interstate compact, State law, or Federal contract relating to water rights; (5) suspend, modify, or amend any Federal, State, or local criminal code; or (6) reverse or modify final agency actions taken specifically for the priority energy projects identified in such recommendations, with specified exceptions.
Introduced in Senate
Read second time and referred to Senate Committee on Energy and Natural Resources.
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