,,ii #aafth ,,congress #b;d ,session ,s4 #dfgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bc1 #bjbj,mr4 ,wyden 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,natural ,gas ,act to require the ,federal ,energy ,regulatory ,commission to consider certain factors in issuing certificates of public convenience and necessity under that ,act1 to modify the requirements for the right to exercise eminent domain in construction of pipelines under that ,act1 to provide that the right of eminent domain may not be exercised under that ,act for projects for the exportation of natural gas1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reaffirming ,property ,rights ,through ,natural ,gas ,act ,modernization ,act4 #b4 ,no presumption of public interest ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended by adding at the end the following3 7g7 ,no presumption of public interest ,in determining whether a proposed exportation of natural gas is consistent with the public interest under subsection 7a71 the ,commission1 and any other ,federal agency that may be involved in the determination1 shall not make a presumption that the exportation is consistent with the public interest4 4 #c4 ,balancing considerations of public necessity ,section #g7;e7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7e77 is amended-- 7#a7 in the second sentence1 by striking ,the ,commission and inserting the following3 7#b7 ,terms and conditions ,the ,commission 2 7#b7 by striking 7e7 ,except and inserting the following3 7e7 ,procedure 7#a7 ,in general ,except 2 and 7#c7 by adding at the end the following3 7#c7 ,factors for consideration ,in determining whether a proposed project is or will be required by the present or future public convenience and necessity under paragraph 7#a71 the ,commission shall make findings of fact1 based on the evidence in the record before the ,commission1 regarding1 at a minimum-- 7,a7 the private property rights of any impacted landowners1 including viable alternatives to eminent domain proceedings2 7,b7 whether the benefits of the project accrue substantially to the public at large1 rather than to the applicant or a limited private interest2 7,c7 the practicability of alternatives and substitutes to the project1 including whether there exists available capacity of-- 7i7 natural gas in a similar project2 or 7ii7 a substitute to natural gas2 7,d7 any wildlife and ecological impacts of the project1 including impacts recognized in the ,states and local jurisdictions in which the project is proposed to be located2 7,e7 the net noxious chemical and greenhouse gas emissions that the project would emit or offset during the course of the construction and service life of the project2 and 7,f7 the extent to which the project increases environmental and health burdens to low-income communities and communities of color4 4 #d4 ,notice to landowners 7a7 ,initial notice to affected landowners ,section #g7;d7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7d77 is amended-- 7#a7 by striking 7d7 ,application for certificates and inserting the following3 7d7 ,applications 7#a7 ,in general ,an application for a certificate of public convenience and necessity under this section 2 and 7#b7 by adding at the end the following3 7#b7 ,requirements for notice 7,a7 ,in general ,before serving a notice described in paragraph 7#a71 the applicant shall submit the notice to the ,commission for review and approval4 7,b7 ,approval ,the ,commission shall only approve a notice under subparagraph 7,a7 if the notice satisfies all applicable requirements of this section4 7,c7 ,instructions for motions to intervene ,a notice described in paragraph 7#a7 shall include complete instructions regarding the method by which a notice recipient can move to intervene1 through electronic or paper filing1 in the application process1 including-- 7i7 a clear statement of the required contents of such a motion to intervene2 7ii7 a separate1 bolded section informing notice recipients that the notice recipients must intervene in the application process to preserve the right to judicial review2 and 7iii7 the deadline for moving to intervene1 which shall be not later than the date that is #fj days after the date on which the notice recipient is confirmed to have received the notice4 7,d7 ,requirement ,the applicant shall submit to the ,commission1 together with the notice under subparagraph 7,a71 a list of all persons to whom the applicant is required to serve the notice1 including-- 7i7 the address of each such person2 and 7ii7 after receipt of the notice by each such person1 confirmation of receipt of the notice4 7,e7 ,disclosure ,on request by any person1 not later than #ae days after the date of receipt of the request1 the ,commission shall disclose to that person the list submitted under subparagraph 7,d74 4 7b7 ,subsequent notice to affected landowners ,section #g7;e7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7e77 7as amended by section #c7 is amended by adding at the end the following3 7#d7 ,rehearing notice requirement 7,a7 ,in general ,not later than #ae days after the date on which a certificate of public convenience and necessity is issued under paragraph 7#a71 the holder of the certificate of public convenience and necessity shall serve to all persons that received notice under subsection 7d7 an actual notice of the decision of the ,commission to issue the certificate of public convenience and necessity4 7,b7 ,contents ,a notice under subparagraph 7,a7 shall include complete instructions regarding the method by which a notice recipient can petition for a rehearing of the decision of the ,commission to issue the certificate of public convenience and necessity1 including-- 7i7 the required contents of a petition for rehearing2 7ii7 a separate1 bolded section informing notice recipients that the notice recipients must petition for a rehearing on an issue covered by the certificate to preserve the right to judicial review on that issue2 and 7iii7 information regarding the requirements for rehearing and judicial review under subsections 7a7 and 7b7 of section #ai that apply to the petition for rehearing1 including a specific reference to any relevant deadlines applicable to the petition4 4 #e4 ,requirements for exercise of eminent domain 7a7 ,in general ,section #g7;h7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7h77 is amended-- 7#a7 in the second sentence-- 7,a7 by striking where the property is situated3 ,provided1 ,that the and inserting in which the property is situated1 subject to the condition that the2 and 7,b7 by striking ,the practice and inserting the following3 7#b7 ,practice and procedure ,the practice 2 7#b7 by striking 7h7 ,when any holder and inserting the following3 7h7 ,eminent domain 7#a7 ,in general ,except as provided in paragraph 7#d71 in any case in which a holder 2 and 7#c7 by adding at the end the following3 7#c7 ,requirements 7,a7 ,in general ,subject to subparagraph 7,b71 a holder of a certificate of public convenience and necessity may not exercise the right of eminent domain for a project under this subsection until the latest of1 as applicable-- 7i7 the date on which the holder has received all required certifications and authorizations for the project from any ,federal agencies 7other than the ,commission7 or ,state administrative agencies acting pursuant to ,federal law2 7ii7 the date on which the applicant serves each notice in accordance with subsection 7e77#d72 and 7iii7 the date on which each timely motion to intervene relating to the certificate under subsection 7d77#b77;,c7 has been acted on by the ,commission4 7,b7 ,effect of vacated or rescinded certification or authorization ,if a certification or authorization for a project from any ,federal agency 7other than the ,commission7 or ,state administrative agency acting pursuant to ,federal law is rescinded or vacated-- 7i7 the holder of a certificate of public convenience and necessity for the project may not exercise the right of eminent domain for the project under this subsection2 and 7ii7 if land has already been acquired by the exercise of the right of eminent domain under this subsection1 construction of the project on that land shall be prohibited4 4 7b7 ,limitation on use of eminent domain for exports ,section #g7;h7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7h77 7as amended by subsection 7a77 is amended by adding at the end the following3 7#d7 ,limitation on use of eminent domain for exports ,a holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection if the project covered by the certificate is a project to be constructed substantially for the purpose of transporting natural gas to an ,,lng terminal for export from the ,united ,states to a foreign country4 4 #f4 ,requirement to execute project only for certain purposes ,section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 is amended by adding at the end the following3 7i7 ,requirement ,to execute project only for certain purposes ,the holder of a certificate of public convenience and necessity shall execute the project covered by the certificate only for the purposes that were-- 7#a7 expressly described in the application for the certificate2 and 7#b7 communicated to-- 7,a7 the ,commission2 7,b7 the persons that received a notice of the application for the certificate under subsection 7d72 and 7,c7 the public4 4 #g4 ,conditions under which certificate of public convenience and necessity may be rescinded ,section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 7as amended by section #f7 is amended by adding at the end the following3 7j7 ,conditions under which certificate may be rescinded 7#a7 ,in general ,a certificate of public convenience and necessity shall be rescinded on a determination by the ,commission1 or on a determination after a rehearing1 that-- 7,a7 the scope of the project covered by the certificate has changed materially2 7,b7 the rationale of public convenience and necessity by which the ,commission issued the certificate has changed2 or 7,c7 the applicant has failed to begin substantial construction on the project covered by the certificate1 such that the observed delay is not consistent with a prior finding of public convenience and necessity4 7#b7 ,failure to initiate substantial construction ,if the holder of a certificate of public convenience and necessity fails to initiate substantial construction of the project covered by the certificate by the date specified by the certificate1 the certificate shall be rescinded on that date4 7#c7 ,reapplication ,the holder of a certificate of public convenience and necessity rescinded under paragraph 7#a7 or 7#b7 may reapply for the certificate in accordance with the applicable requirements of this ,act4 7#d7 ,requirement ,any certificate of public convenience and necessity that is issued by the ,commission shall include the condition that title in and to any property that was acquired under subsection 7h77#a7 by the exercise of the right of eminent domain pursuant to a certificate of public convenience and necessity that was rescinded under paragraph 7#a7 or 7#b7 shall immediately revert to the prior property owner4 4 #h4 ,requirements for acquisition of property ,section #g of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;f7 7as amended by section #g7 is amended by adding at the end the following3 7k7 ,requirements for acquisition of property 7#a7 ,appraisal 7,a7 ,in general ,a holder of a certificate of public convenience and necessity seeking to acquire property for the project covered by the certificate by just compensation or the exercise of the right of eminent domain under subsection 7h77#a7 shall1 prior to making an offer of just compensation or exercising that right1 appraise the property in accordance with-- 7i7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 and 7ii7 the ,uniform ,standards of ,professional ,appraisal ,practice4 7,b7 ,opportunity to accompany appraiser during inspection ,the owner of any property subject to an appraisal under subparagraph 7,a71 or the designated representative of the owner1 shall be given an opportunity to accompany the appraiser during the inspection by the appraiser of the property4 7#b7 ,just compensation ,a holder of a certificate of public convenience and necessity seeking to acquire property for the project covered by the certificate by just compensation shall make the offer of just compensation-- 7,a7 in writing2 and 7,b7 in an amount that-- 7i7 is not less than the fair market value of the property1 as defined by the appraiser2 and 7ii7 includes just compensation for any damages that would result to the remaining property of the owner4 7#c7 ,surrender of property ,the owner of property to be acquired by a holder of a certificate of public convenience and necessity shall not be required to surrender possession of the property before1 as applicable-- 7,a7 the holder pays the agreed purchase price2 or 7,b7 if the property is acquired through a proceeding under which the holder exercised the right of eminent domain under subsection 7h77#a71 the owner receives the compensation awarded by the court in that proceeding4 4 #i4 ,appeal rights to ,federal ,energy ,regulatory ,commission 7a7 ,in general ,section #ai7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7a77 is amended-- 7#a7 in the first sentence1 by striking 7a7 ,any person1 ,state1 municipality1 or ,state commission aggrieved by an order issued by the ,commission in a proceeding under this act to which such person1 ,state1 municipality1 or ,state commission is a party may apply and inserting the following3 7a7 ,rehearing 7#a7 ,petitions for rehearing 7,a7 ,in general ,any person1 ,state1 municipality1 or ,state commission that is aggrieved by an order issued by the ,commission in a proceeding under this ,act to which the person1 ,state1 municipality1 or ,state commission is a party may petition 2 7#b7 by striking the second sentence and inserting the following3 7,b7 ,limitation ,no proceeding to review an order of the ,commission shall be brought by a person unless the person has submitted to the ,commission a petition for rehearing regarding the order in accordance with this paragraph4 7,c7 ,contents ,a petition for rehearing under this paragraph shall describe specifically the one or more grounds on which the petition is based4 2 7#c7 in the third sentence1 by striking ,upon such application and inserting the following3 7#b7 ,action by commission 7,a7 ,in general ,on receipt of a petition under paragraph 7#a71 2 7#d7 by striking the fourth and fifth sentences and inserting the following3 7,b7 ,effect of failure to act ,in any case in which the ,commission fails to issue a final agency action that is reviewable under subsection 7b7 with respect to a petition for rehearing by the date that is #fj days after the date on which the petition is filed1 the petition shall be deemed to be denied4 2 and 7#e7 in the sixth sentence1 by striking ,until the record in a proceeding shall have been and inserting the following3 7,c7 ,deadline for action ,until the date on which the record relating to a proceeding is 4 7b7 ,stay of ,commission order ,section #ai7;c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7c77 is amended-- 7#a7 in the second sentence1 by striking ,the commencement and inserting the following3 7#d7 ,effect of commencement of proceedings ,the commencement 2 7#b7 in the first sentence1 by striking 7c7 ,the filing of an application and inserting the following3 7c7 ,stay of commission order 7#a7 ,in general ,the filing of a petition 2 7#c7 in paragraph 7#a7 7as so designated7-- 7,a7 by striking not1 unless specifically ordered by the ,commission12 and 7,b7 by inserting during the period in which the ,commission is considering the petition for rehearing before the period at the end2 and 7#d7 by inserting after paragraph 7#a7 7as so designated7 the following3 7#b7 ,effect of grant of rehearing 7,a7 ,in general ,if the ,commission grants a rehearing on the merits of an order of the ,commission pursuant to a petition for rehearing1 the order shall be deemed to be nonfinal for purposes of section #g7;h74 7,b7 ,eminent domain ,with respect to an order of the ,commission that is deemed to be nonfinal under subparagraph 7,a71 beginning on the date on which the rehearing proceedings commence under subsection 7b7 with respect to the order and ending on the date on which the applicable court issues a final judgment and decree under that subsection with respect to the order-- 7i7 no district or ,state court shall have jurisdiction over eminent domain proceedings under section #g7;h7 that are commenced pursuant to that order2 and 7ii7 the holder of a certificate of public convenience and necessity issued pursuant to the order may not exercise the right of eminent domain under section #g7;h74 7#c7 ,effect of denial of rehearing ,if the ,commission denies a petition for rehearing or fails to act on the petition for rehearing by the deadline described in subsection 7a77#b77;,b71 the order that is the subject of the petition shall be deemed to be final for all purposes4 4 7c7 ,technical amendments ,section #ai7;b7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7b77 is amended-- 7#a7 by striking application each place it appears and inserting petition2 and 7#b7 by striking such petition each place it appears and inserting the written petition praying that the order of the ,commission be modified or set aside in whole or in part4