S 4864 — Pipeline Fairness, Transparency, and Responsible Development Act of 2022

Summary

Pipeline Fairness, Transparency, and Responsible Development Act of 2022 This bill addresses provisions related to natural gas pipeline projects, including provisions related to the permitting process, eminent domain, environmental reviews, and the visual impacts of such projects on national scenic trails.

Bill Text

• Introduced Introduced in Senate Current html September 15, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends the Natural Gas Act to enhance public input and transparency in the permitting process for interstate natural gas pipelines and places restrictions on eminent domain related to these projects.

• 15 U.S.C. 717f(d)

  Application for certificates → Application for Certificate of Public Convenience and Necessity.--(1) In general.--Subject to paragraph (2), an application for a certificate

  The section title is updated to specify it pertains to applications for certificates of public convenience and necessity.

• 15 U.S.C. 717f(d)

  (2) Requirements.--(A) Application.--An application for a certificate of public convenience and necessity under paragraph (1) shall include--(i) the name and address of each interested party on whom the Commission or the applicant is required to serve notice of the application under that paragraph; and (ii) a copy of the notice proposed to be served on each interested party under that paragraph.

  It establishes new requirements for applications, mandating the inclusion of interested parties' information.

• 15 U.S.C. 717f(d)

  (B) Notice.--(i) In general.--A notice served on an interested party under paragraph (1) shall include the following: (I) A description of the proceeding before the Commission relating to the application for a certificate of public convenience and necessity, which shall include the following statement: "If the applicant ([name of applicant]) wants to build the pipeline on property that you own, and the Commission issues the requested certificate of public convenience and necessity, then the applicant will have the right, subject to paying just compensation, to take your property for its project."

  It specifies that notices to affected parties must contain detailed descriptions of the proceedings and their potential rights.

• 15 U.S.C. 717f(d)

  (D) Public availability of information relating to interested parties.--On request of any person, the Commission shall disclose the names and addresses submitted to the Commission under subparagraph (A)(i), subject to such reasonable terms and conditions as the Commission determines to be appropriate.

  It provides for greater transparency by requiring the Commission to disclose interested parties' information upon request.

• 15 U.S.C. 717f(e)

  necessity; otherwise → necessity.

  It removes the language that implies applications could be denied without the required findings being made.

• 15 U.S.C. 717f(e)

  (4) Notice of issuance.--(A) In general.--On issuance of a certificate of public convenience and necessity by the Commission, the applicant requesting the certificate shall provide to each interested party on whom the applicant served notice of the application under subsection (d) a notice of the issuance of the certificate.

  It requires applicants to notify interested parties when a certificate is issued.

• 15 U.S.C. 717f(e)

  (B) Requirements.--Each notice under subparagraph (A) shall include--(i) complete instructions on how the recipient of the notice may apply for a rehearing before the Commission;

  New notice requirements inform recipients about their rights and procedures for rehearing requests.

• 15 U.S.C. 717f(h)

  When any holder → When any holder

  Changes the designation and structure to better delineate the section on eminent domain.

• 15 U.S.C. 717f(h)

  (3) Just compensation.--(A) Definition of lost conservation value.--In this paragraph, the term `lost conservation value' means--(i) the value of any use of land for conservation purposes (as defined in section 1.170A-14(d) of title 26, Code of Federal Regulations (or a successor regulation)) that is interrupted or prevented by the exercise of the right of eminent domain under paragraph (1)

  Introduces a definition for 'lost conservation value' concerning eminent domain actions.

• 15 U.S.C. 717f(e)

  (5) Restrictions.--(A) Eminent domain.--(i) Commencement of action.--A holder of a certificate of public convenience and necessity may not commence an action under subsection (h) until the earlier of...

  Imposes new conditions on the commencement of actions for eminent domain related to appropriating land.

Action History

1. September 15, 2022

   Introduced in Senate

2. September 15, 2022

   Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S4641-4642)

Sponsors

• Tim Kaine · Primary

Subjects