H.R. 1189 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1189 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Markey (for himself and Mr. Holt) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Natural Gas Act with respect to the exportation of natural gas, and for other purposes. 1. Short title This Act may be cited as the American Natural Gas Security and Consumer Protection Act. 2. Authorization for the Exportation of Natural Gas Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is amended— (1) by inserting before After six months from the date on which the following: (1) Authorization for the Importation of Natural Gas.—; (2) by striking export any natural gas from the United States to a foreign country or; (3) by striking exportation or; and (4) by adding at the end the following new paragraphs: (2) Authorization for the Exportation of Natural Gas (A) Prohibition No person may export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. (B) Issuance of orders The Secretary of Energy may issue an order authorizing a person to export natural gas from the United States to a foreign country, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest, in accordance with the regulations issued under paragraph (3)(B). The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate. (C) Timing No order may be issued by the Secretary of Energy under this paragraph prior to the date on which the Secretary issues final regulations under paragraph (3)(B). (3) Public Interest Determination (A) NEPA review The Secretary of Energy shall issue a detailed statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) of the environmental impact of the issuance of orders under paragraph (2), including by conducting an analysis of the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. (B) Regulations (i) Deadline Not later than 2 years after the date of enactment of this paragraph, the Secretary of Energy shall issue final regulations, after notice and public comment, for determining whether an export of natural gas from the United States to a foreign country is in the public interest for purposes of issuing an order under paragraph (2). (ii) Contents Regulations issued under this paragraph shall require the Secretary of Energy to determine, with respect to each application for export of natural gas from the United States to a foreign country, whether such export is in the public interest through— (I) use of the latest available data on current and projected United States natural gas demands, production, and price; (II) consideration of the effects of such natural gas exports on— (aa) household and business energy expenditures by electricity and natural gas consumers in the United States; (bb) the United States economy, jobs, and manufacturing, including such effects on wages, investment, and energy intensive and trade exposed industries, as determined by the Secretary; (cc) the energy security of the United States, including the ability of the United States to reduce its reliance on imported oil; (dd) the conservation of domestic natural gas supplies to meet the future energy needs of the United States; (ee) the potential for natural gas use in the transportation, industrial, and electricity sectors of the United States; (ff) the ability of the United States to reduce greenhouse gas emissions; (gg) the volume of natural gas produced on public lands in the United States, and where such natural gas is consumed; (hh) domestic natural gas supply and availability, including such effects on pipelines and other infrastructure; (ii) the balance of trade of the United States; and (jj) other issues determined relevant by the Secretary; and (III) consideration of the detailed statement issued under subparagraph (A). (4) Exemptions Paragraph (2) does not apply with respect to any order authorizing the exportation of natural gas if the natural gas that would be exported as a result of the order is exported solely to meet a requirement imposed pursuant to section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), or part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.). In such cases, the Secretary of Energy may issue such order upon application without modification or delay. .