Carbon dioxide, hydrogen, and petroleum pipeline permitting
Title IV — Energy and Commerce › Subtitle A — Energy
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The Natural Gas Act is amended by inserting after section 7 (15 U.S.C. 717f) the following: 7A. Carbon dioxide, hydrogen, and petroleum pipeline permitting (a) Covered pipeline defined In this section, the term covered pipeline means— (1) a pipeline or pipeline facility for the transportation of carbon dioxide that is regulated under chapter 601 of title 49, United States Code, pursuant to section 60102(i) of such chapter; (2) a gas pipeline facility, as such term is defined in section 60101 of title 49, United States Code, for the transportation of hydrogen that is regulated under chapter 601 of such title; or (3) a hazardous liquid pipeline facility, as such term is defined in section 60101 of title 49, United States Code, for the transportation of petroleum or a petroleum product that is regulated under chapter 601 of such title. (b) Application and fee Any person may submit to the Commission— (1) an application for a license authorizing the whole or any part of the operation, sale, service, construction, extension, or acquisition of a covered pipeline, which application shall be made in the same manner as, and in accordance with the requirements for, an application for a certificate of public convenience and necessity under section 7(d); and (2) a fee in the amount of $10,000,000 for the consideration of such application. (c) Procedure (1) In general With respect to each application for which a fee is submitted under subsection (b), the Commission shall— (A) consider the application in accordance with the procedures applicable to an application for a certificate of public convenience and necessity under the matter preceding the proviso in section 7(c)(1)(B), including the procedure provided in section 7(e); and (B) in accordance with section 7(e), issue the license for which the application was submitted or deny such application. (2) Necessary modifications For purposes of this section, the Commission may modify procedures in place under section 7 as the Commission determines necessary to apply such procedures to the consideration, issuance, or denial of an application under this section. (d) Effect of license Notwithstanding any other provision of law, if the Commission issues a license under subsection (c)(1) of this section and the licensee is in compliance with such license, no requirement of State or local law that requires approval of the location of the covered pipeline with respect to which the license is issued may be enforced against the licensee. (e) Application to other provisions (1) Extension of facilities; abandonment of service For purposes of section 7— (A) subsection (b) of such section shall be applied with respect to this section by substituting licensee under section 7A for natural-gas company; (B) subsection (c)(2) of such section shall be applied with respect to this section— (i) by substituting licensee under section 7A for natural-gas company; and (ii) by substituting petroleum or a petroleum product for natural gas each place it appears; (C) subsection (f)(1) shall be applied with respect to this section— (i) by substituting license under section 7A for authorization under this section; and (ii) by substituting licensee under section 7A for natural-gas company; (D) subsection (f)(2) shall be applied with respect to this section— (i) by substituting transported liquid or gas is consumed for gas is consumed; and (ii) by substituting a liquid or gas to another licensee under section 7A for natural gas to another natural gas company; (E) subsection (g) shall be applied with respect to this section— (i) by substituting licenses under section 7A for certificates of public convenience and necessity; and (ii) by substituting licensee under section 7A for natural-gas company; (F) subsection (h) of such section shall be applied with respect to this section— (i) by substituting licensee under section 7A for holder of a certificate of public convenience and necessity; and (ii) by substituting to carry out an activity authorized by the license issued under such section for to construct, operate, and maintain a pipe line or pipe lines for the transportation of natural gas, and the necessary land or other property, in addition to right-of-way, for the location of compressor stations, pressure apparatus, or other stations or equipment necessary to the proper operation of such pipe line or pipe lines. (2) Process coordination; hearings; rules of procedure For purposes of applying section 15 with respect to this section, each reference to an application in subsection (a) of such section shall be considered to be a reference to an application for a license under this section. (3) Rehearing; court review of orders For purposes of section 19— (A) subsection (b) of such section shall be applied with respect to this section by substituting person who submitted the relevant application and paid a fee under section 7A for natural gas company; and (B) subsection (d) of such section shall be applied with respect to this section by substituting covered pipeline with respect to which an application and fee has been submitted under section 7A for facility subject to section 3 or section 7 each place it appears. (4) Enforcement of Act; regulations and orders For purposes of section 20(d), paragraph (1) of such section shall be applied with respect to this section by substituting company that is a licensee under section 7A for natural gas company..