HR381-119

1. Short title This Act may be cited as the LNG Public Interest Determination Act of 2025.

2. Exportation of natural gas Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: No person shall export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing it to do so. The Secretary of Energy may issue such order upon application only if, after opportunity for hearing, the Secretary of Energy finds that the proposed exportation will be consistent with the public interest. The Secretary of Energy may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary of Energy may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, issue such supplemental order for such exportation as it may find necessary or appropriate. The Secretary of Energy shall find whether proposed exportation of natural gas will be consistent with the public interest under paragraph (1) by not later than the date that is 1 year after the later of— the date on which the Secretary of Energy receives the final environmental impact statement for such proposed exportation from the Federal Energy Regulatory Commission; and the date on which the Secretary completes each assessment required by paragraph (4). The Secretary of Energy may find that proposed exportation of natural gas for which an application is submitted under paragraph (1) will be consistent with the public interest under such paragraph only if the Secretary of Energy determines, based on the applicable assessment under paragraph (4), that the proposed exportation of natural gas will not be likely to— significantly contribute to climate change, including by slowing the global energy transition needed to achieve deep reductions of global greenhouse gas emissions within the next decade and net-zero global greenhouse gas emissions not later than 2050; materially increase energy prices or energy price volatility for any segment of United States consumers; or create a disproportionate cumulative burden of adverse human or environmental impacts on rural, low-income, minority, and other vulnerable communities. A determination under paragraph (3)(A) shall be based on an assessment of the expected impact of the proposed exportation of natural gas on climate change. Such assessment shall be based on the latest scientific information and use the 20-year global warming potential of methane, and shall include— quantified estimates of the greenhouse gas emissions associated with the full lifecycle of the natural gas proposed for exportation, including emissions associated with the extraction, transportation, liquefaction, storage, regasification, and consumption of such natural gas; a comparison of the estimated greenhouse gas emissions in clause (i) to a baseline that is consistent with United States international commitments to achieve deep reductions of global greenhouse gas emissions within the next decade and deep decarbonization pathways toward net-zero global greenhouse gas emissions not later than 2050; an assessment of the potential effects of the proposed exportation of natural gas on clean energy alternatives, including— any decrease in global investment in and deployment of renewable energy, electrification, and energy efficiency and conservation technologies; and any decrease in United States exports of clean energy technologies; quantified estimates of the social cost of the estimated greenhouse gas emissions in clause (i); and an identification of the extent to which climate change is accelerating the loss of economic value in the United States due to rising sea levels, more intense storms, eroding coasts, increased risk and severity of wild fires, and other impacts associated with climate change. A determination under paragraph (3)(B) shall be based on an assessment of the expected economic impact of the proposed exportation of natural gas, including an assessment of the impact of the proposed exportation on all United States consumers, with specific estimates regarding each of the following consumer subgroups: Low-income consumers. Working families. Small businesses. Manufacturers. State and local governments. Producers and users of fertilizer. A determination under paragraph (3)(C) shall be based on an assessment of the expected impact of the proposed exportation of natural gas on environmental justice (which shall be consistent with Executive Order 14096 (42 U.S.C. 4321 note; relating to revitalizing our Nation's commitment to environmental justice for all), as published April 21, 2023), including assessments of impacts on— the preexisting cumulative environmental burdens and social and health risks posed to rural, low-income, minority, and other vulnerable communities; local fisheries and the economic livelihood of the people employed by local fisheries; racial and socioeconomic disparities in impacted communities; and compliance with civil rights laws. The Secretary of Energy shall— provide to the public an opportunity to meaningfully participate, including by providing comments, in— the finding of the Secretary of Energy on whether proposed exportation will be consistent with the public interest under paragraph (1); and any study by the Department of Energy intended to inform such finding; and ensure that opportunities to meaningfully participate under subparagraph (A) address barriers that affect members of communities with environmental justice concerns, including those related to disability, language access, and lack of resources. Issuing an order authorizing the exportation of natural gas under this subsection shall be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended— in subsection (a)— by striking export any natural gas from the United States to a foreign country or; by inserting to the United States after from a foreign country; and by striking exportation or; and in subsection (c)— by striking , or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas,; and by striking or exportation. (g)Exportation of natural gas(1)Order requiredNo person shall export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing it to do so. The Secretary of Energy may issue such order upon application only if, after opportunity for hearing, the Secretary of Energy finds that the proposed exportation will be consistent with the public interest. The Secretary of Energy may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary of Energy may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, issue such supplemental order for such exportation as it may find necessary or appropriate.(2)DeadlineThe Secretary of Energy shall find whether proposed exportation of natural gas will be consistent with the public interest under paragraph (1) by not later than the date that is 1 year after the later of—(A)the date on which the Secretary of Energy receives the final environmental impact statement for such proposed exportation from the Federal Energy Regulatory Commission; and(B)the date on which the Secretary completes each assessment required by paragraph (4). (3)Public interest findingThe Secretary of Energy may find that proposed exportation of natural gas for which an application is submitted under paragraph (1) will be consistent with the public interest under such paragraph only if the Secretary of Energy determines, based on the applicable assessment under paragraph (4), that the proposed exportation of natural gas will not be likely to—(A)significantly contribute to climate change, including by slowing the global energy transition needed to achieve deep reductions of global greenhouse gas emissions within the next decade and net-zero global greenhouse gas emissions not later than 2050;(B)materially increase energy prices or energy price volatility for any segment of United States consumers; or(C)create a disproportionate cumulative burden of adverse human or environmental impacts on rural, low-income, minority, and other vulnerable communities.(4)Assessments(A)Climate change assessmentA determination under paragraph (3)(A) shall be based on an assessment of the expected impact of the proposed exportation of natural gas on climate change. Such assessment shall be based on the latest scientific information and use the 20-year global warming potential of methane, and shall include—(i)quantified estimates of the greenhouse gas emissions associated with the full lifecycle of the natural gas proposed for exportation, including emissions associated with the extraction, transportation, liquefaction, storage, regasification, and consumption of such natural gas;(ii)a comparison of the estimated greenhouse gas emissions in clause (i) to a baseline that is consistent with United States international commitments to achieve deep reductions of global greenhouse gas emissions within the next decade and deep decarbonization pathways toward net-zero global greenhouse gas emissions not later than 2050;(iii)an assessment of the potential effects of the proposed exportation of natural gas on clean energy alternatives, including—(I)any decrease in global investment in and deployment of renewable energy, electrification, and energy efficiency and conservation technologies; and(II)any decrease in United States exports of clean energy technologies;(iv)quantified estimates of the social cost of the estimated greenhouse gas emissions in clause (i); and(v)an identification of the extent to which climate change is accelerating the loss of economic value in the United States due to rising sea levels, more intense storms, eroding coasts, increased risk and severity of wild fires, and other impacts associated with climate change.(B)Economic assessmentA determination under paragraph (3)(B) shall be based on an assessment of the expected economic impact of the proposed exportation of natural gas, including an assessment of the impact of the proposed exportation on all United States consumers, with specific estimates regarding each of the following consumer subgroups:(i)Low-income consumers.(ii)Working families.(iii)Small businesses.(iv)Manufacturers.(v)State and local governments.(vi)Producers and users of fertilizer.(C)Environmental justice assessmentA determination under paragraph (3)(C) shall be based on an assessment of the expected impact of the proposed exportation of natural gas on environmental justice (which shall be consistent with Executive Order 14096 (42 U.S.C. 4321 note; relating to revitalizing our Nation's commitment to environmental justice for all), as published April 21, 2023), including assessments of impacts on—(i)the preexisting cumulative environmental burdens and social and health risks posed to rural, low-income, minority, and other vulnerable communities;(ii)local fisheries and the economic livelihood of the people employed by local fisheries; (iii)racial and socioeconomic disparities in impacted communities; and(iv)compliance with civil rights laws.(5)Public participationThe Secretary of Energy shall—(A)provide to the public an opportunity to meaningfully participate, including by providing comments, in—(i)the finding of the Secretary of Energy on whether proposed exportation will be consistent with the public interest under paragraph (1); and(ii)any study by the Department of Energy intended to inform such finding; and(B)ensure that opportunities to meaningfully participate under subparagraph (A) address barriers that affect members of communities with environmental justice concerns, including those related to disability, language access, and lack of resources.(6)Major Federal actionIssuing an order authorizing the exportation of natural gas under this subsection shall be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C))..

3. Process coordination; hearings; rules of procedure Section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1)) is amended by striking Commission and inserting Federal Energy Regulatory Commission.

4. Termination of categorical exclusion for approval or disapproval of the exportation of natural gas The categorical exclusion under B5.7 of appendix B to subpart D of part 1021 of title 10, Code of Federal Regulations, (relating to export of natural gas and associated transportation by marine vessel) shall have no force or effect.

5. Rulemaking Not later than one year after the date of enactment of this Act, the Secretary of Energy shall issue a rule to carry out this Act and the amendments made by this Act.