,,ii #aaeth ,,congress #ast ,session ,s4 #acdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ab1 #bjag ,mrs4 ,capito introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for an expedited permitting process for critical energy infrastructure projects relating to the establishment of a regional energy hub in ,appalachia1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,appalachian ,energy and ,manufacturing ,infrastructure ,revitalization ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appalachia ,the term ,appalachia means the region comprised of the following ,states3 7,a7 ,kentucky4 7,b7 ,ohio4 7,c7 ,pennsylvania4 7,d7 ,west ,virginia4 7#b7 ,appalachian regional energy hub ,the term ,appalachian regional energy hub means a regional energy hub in ,appalachia for natural gas and natural gas liquids1 including storage and associated pipelines4 7#c7 ,applicable ,federal agency ,the term applicable ,federal agency means a ,federal agency responsible for the permitting1 or administrative or environmental review or approval1 of a critical energy infrastructure project or an aspect of a critical energy infrastructure project4 7#d7 ,applicable ,state ,the term applicable ,state means a ,state in ,appalachia in which a critical energy infrastructure project or an aspect of a critical energy infrastructure project is or is proposed be located4 7#e7 ,applicable ,state agency ,the term applicable ,state agency means the ,state agency responsible for the permitting1 or administrative or environmental review or approval1 of a critical energy infrastructure project or an aspect of a critical energy infrastructure project4 7#f7 ,critical energy infrastructure project ,the term critical energy infrastructure project means a project designated under section #c7;a7 as a critical energy infrastructure project eligible for expedited permitting under section #d4 7#g7 ,project sponsor ,the term project sponsor means a ,federal or ,state agency or private entity proposing the development of a critical energy infrastructure project4 7#h7 ,secretaries ,the term ,secretaries means the ,secretary of ,commerce and the ,secretary of ,energy4 #c4 ,critical energy infrastructure projects 7a7 ,in general ,in accordance with this section1 the ,secretaries may designate one or more eligible projects as critical energy infrastructure projects eligible for expedited permitting under section #d4 7b7 ,eligible projects ,to be eligible to be designated as a critical energy infrastructure project under subsection 7a71 a project-- 7#a7 shall relate to the establishment of an ,appalachian regional energy hub2 and 7#b7 shall be-- 7,a7 an ongoing project2 or 7,b7 a proposed project4 7c7 ,application process 7#a7 ,in general ,a project sponsor seeking for a project to be designated as a critical energy infrastructure project shall submit to the ,secretaries an application at such time1 in such manner1 and containing such information as the ,secretaries may require4 7#b7 ,contents of application 7,a7 ,minimum criteria ,an application submitted under paragraph 7#a71 at a minimum1 shall include-- 7i7 a description of the contribution the project will make toward achieving the objective of an ,appalachian regional energy hub2 7ii7 a description of the direct and indirect economic benefits and impacts anticipated to be derived from the project1 including the number of jobs to be created that will be held by residents of ,appalachia2 7iii7 the availability of immediate private funding1 including loan guarantees1 loans1 and grants to implement1 operate1 or maintain the project2 7iv7 the cost of the project2 7v7 the amount of ,federal or ,state funding1 if any1 necessary to implement1 operate1 or maintain the project2 and 7vi7 the status of the project if the project is an ongoing project4 7,b7 ,additional criteria ,in addition to the minimum criteria described in clauses 7i7 through 7vi7 of subparagraph 7,a71 the ,secretaries may require an application submitted under paragraph 7#a7 to describe how the project will meet one or more of the following criteria3 7i7 ,improve the performance of energy infrastructure and overall energy efficiency4 7ii7 ,promote the development and use of energy sources found in ,appalachia4 7iii7 ,contribute to the revitalization of manufacturing capacity in ,appalachia4 7iv7 ,support the goal of reducing energy costs and ensuring affordable energy supplies for consumers and businesses4 7d7 ,identification of applicable ,state agencies ,not later than #cj days after the date on which the ,secretaries receive an application under subsection 7c77#a71 the ,secretaries1 in consultation with the ,governor of each applicable ,state1 shall identify all applicable ,state agencies for the project4 7e7 ,evaluation of project 7#a7 ,in general ,not later than #fj days after the date on which the ,secretaries receive an application under subsection 7c77#a71 the ,secretaries1 in consultation with the ,governors of the applicable ,states and the applicable ,state agencies identified under subsection 7d71 shall evaluate the project1 including by evaluating the extent to which-- 7,a7 the project application meets minimum criteria described in subsection 7c77#b77;,a72 and 7,b7 the project meets one or more of the additional criteria described in subsection 7c77#b77;,b71 if any were required by the ,secretaries4 7#b7 ,public involvement ,as soon as practicable after completing the evaluation under paragraph 7#a71 the ,secretaries shall-- 7,a7 make the evaluation available to the public2 and 7,b7 allow for a period of #cj days for the submission of comments by residents of the applicable ,states on matters relating to the designation of the project as a critical energy infrastructure project4 7f7 ,action by the ,secretaries 7#a7 ,in general ,not later than #cj days after the date on which the public comment period under subsection 7e77#b77;,b7 relating to an application concludes1 the ,secretaries shall determine whether to designate the project proposed by the application as a critical energy infrastructure project4 7#b7 ,publication ,the ,secretaries shall make publicly available the justifications for the determination under paragraph 7#a74 #d4 ,expedited permitting process 7a7 ,federal expedited permitting process 7#a7 ,in general ,not later than #cj days after the date on which a project is designated as a critical energy infrastructure project under section #c7;a71 the ,secretaries shall coordinate with all applicable ,federal agencies to expedite the ,federal permitting process relating to the critical energy infrastructure project4 7#b7 ,federal agency liaisons ,on the request of the ,secretaries and not later than #cj days after the date on which such a request is received1 each applicable ,federal agency shall designate a liaison within the applicable ,federal agency who shall be responsible for coordinating with all other applicable ,federal agencies and applicable ,state agencies with respect to critical energy infrastructure projects4 7#c7 ,,ferc review ,the ,federal ,energy ,regulatory ,commission shall complete a review of any application or license relating to the critical energy infrastructure project4 7#d7 ,expedited reviews and actions of ,federal agencies 7,a7 ,in general ,notwithstanding any other provision of law1 in any case in which a decision under any other ,federal law relating to a critical energy infrastructure project is required to be made1 each applicable ,federal agency shall complete any relevant review not later than #fj days after the date on which the ,federal ,energy ,regulatory ,commission completes the review described in paragraph 7#c74 7,b7 ,effect of noncompliance 7i7 ,in general ,a permit1 license1 or other similar application for approval relating to a critical energy infrastructure project that requires approval or other action by a ,federal agency shall be considered to be approved by the ,federal agency if the ,federal agency fails to approve or otherwise take an action relating to the permit1 license1 or other similar application by the deadline described in subparagraph 7,a74 7ii7 ,final agency action 7,i7 ,in general ,an approval under clause 7i7 shall be considered to be a final agency action1 which may not be reversed by any agency4 7,,ii7 ,review ,in any action under chapter #g of title #e1 ,united ,states ,code1 that seeks review of a final agency action under subclause 7,i71 a court may not set aside the action based on the action having been made final under that subclause4 7b7 ,expedited permitting process compliance ,on written notification by the project sponsor of the failure of an applicable ,federal agency to adhere to the expedited permitting process required under subsection 7a71 the ,secretaries shall take necessary actions ensure that the permitting of the critical energy infrastructure project is expedited4 7c7 ,prioritization ,to the maximum extent practicable1 the ,secretaries shall prioritize the expedited permitting of each critical energy infrastructure project under this section4 7d7 ,federal grants and loans ,the ,secretaries and the liaisons designated under subsection 7a77#b7 shall cooperate to ensure expedited review of any application by a critical energy infrastructure project for a ,federal grant1 loan1 or loan guarantee that is-- 7#a7 pending as of the date of enactment of this ,act2 or 7#b7 submitted after the date of enactment of this ,act4 #e4 ,savings clause ,nothing in this ,act alters any other ,federal law1 including any other legal requirement under any other ,federal law4