Overview

Title

To amend the Deepwater Port Act of 1974 to improve community outreach, public participation, and the consideration of community and environmental impacts with respect to the issuance of a license under that Act, and for other purposes.

ELI5 AI

The bill wants to make sure the building of deepwater ports, like big sea stations for oil and gas, is done in a way that's safe for people and nature. It asks for more input from local communities and makes companies pay much more money if they spill oil, to help protect the environment better.

Summary AI

H.R. 10490 aims to amend the Deepwater Port Act of 1974 to enhance community involvement, public participation, and assess the impact on communities and the environment when issuing licenses for deepwater ports. It introduces definitions related to environmental justice and impacts on communities, increases financial liability limits for oil spills, and mandates extensive public outreach and participation procedures. The bill also requires environmental reviews, including cumulative impact studies and compliance with various environmental laws, and prohibits issuing new licenses for deepwater ports in the Gulf of Mexico until a comprehensive environmental impact statement is completed. Additionally, it bans funding for liquefied natural gas research under the Maritime Environmental and Technical Assistance program.

Published

2024-12-18
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-18
Package ID: BILLS-118hr10490ih

Bill Statistics

Size

Sections:
9
Words:
3,000
Pages:
15
Sentences:
40

Language

Nouns: 723
Verbs: 196
Adjectives: 153
Adverbs: 41
Numbers: 161
Entities: 208

Complexity

Average Token Length:
3.74
Average Sentence Length:
75.00
Token Entropy:
4.94
Readability (ARI):
36.50

AnalysisAI

The proposed bill, H.R. 10490, aims to amend the Deepwater Port Act of 1974. Its primary goal is to enhance community outreach, boost public participation, and rigorously evaluate community and environmental impacts during the process of issuing licenses for deepwater ports. Aptly named the NO SPILLS Act of 2024, this legislation introduces a range of changes aimed at strengthening environmental protections and ensuring greater accountability from entities involved in deepwater port operations.

General Summary of the Bill

The bill outlines several key modifications to existing laws:

  1. Definitions and Terminology: It expands and clarifies definitions in the Deepwater Port Act to include terms like "environment," "environmental justice community," and "impacted community."

  2. Licensing Conditions: It sets stricter conditions for the licensing of deepwater ports, emphasizing environmental justice and requiring approval from states and Indian Tribes.

  3. Financial Accountability: The legislation significantly increases the financial liabilities and responsibilities of parties involved in deepwater port operations, particularly concerning oil spills.

  4. Public Engagement: It mandates more comprehensive outreach to communities affected by deepwater port projects and extends public comment periods to ensure inclusive participation.

  5. Environmental Reviews: It requires detailed environmental review criteria, focusing on the ecological, health, and social impacts of deepwater port operations.

  6. Programmatic Environmental Impact: The bill calls for a comprehensive environmental review of projects in the Gulf of Mexico, with a moratorium on new licenses until this review is completed.

  7. Research Limitation: It prohibits using specific funds for research on liquefied natural gas within certain maritime programs.

Significant Issues

The bill raises several notable issues:

  • Financial Burden and Compliance: The increased financial liability and responsibilities could drastically impact organizations, favoring larger entities that are more capable of meeting these requirements.

  • Delayed Licensing and Development: The requirement for a programmatic environmental impact statement before issuing new licenses could delay port development projects, with potential economic repercussions.

  • Complex Definitions: The bill introduces complex definitions that may require clarification to avoid subjective interpretations, especially concerning 'impacted' and 'environmental justice' communities.

  • Lengthy Public Comment: The mandated 90-day public comment period could slow down the licensing process, affecting project timelines.

Impact on the Public and Stakeholders

The bill is likely to have a diverse impact on the general public:

  • Environmental Protection: By amplifying environmental protection measures, the bill could lead to cleaner, safer maritime environments, which benefits communities and ecosystems, especially those historically marginalized.

  • Public Engagement: With its emphasis on outreach and public comment, the bill could empower communities by ensuring their voices are heard in decisions impacting their environments.

However, the bill's stipulations may also pose challenges:

  • Economic Consequences: The delay in deepwater port licensing could impact economic activities associated with port operations, potentially affecting local economies and jobs.

  • Operational Challenges: Smaller companies involved in port operations might face difficulties meeting the increased financial and procedural requirements, potentially stifling new entrants' opportunities in the sector.

Stakeholder Considerations

For Large Corporations: They might be better equipped to absorb the increased financial and operational demands but could face delays that affect their strategic planning.

For Small Businesses: The heightened financial burdens and complex regulatory requirements could pose significant entry barriers, potentially curtailing growth and innovation.

For Local Communities: Enhanced protections and engagement opportunities could lead to improved health outcomes and stronger community empowerment.

For Environmental Advocates: The bill represents a positive step towards greater environmental justice and protection, aligning with long-term sustainability goals.

Overall, while the NO SPILLS Act of 2024 offers significant environmental and community benefits, its impact on economic activities and the regulatory environment requires careful consideration to balance protection with practical operational viability.

Financial Assessment

The proposed bill, H.R. 10490, includes several significant financial references that relate to the Deepwater Port Act of 1974 and associated regulations. These changes focus on increasing liability limits and financial responsibilities, which could have widespread implications for stakeholders involved in deepwater port operations.

Financial Liability Increases

One of the most notable financial changes in the bill is the substantial increase in liability limits under the Oil Pollution Act. For example, the bill proposes increasing the liability limit from $22,000,000 to $70,000,000 for certain oil pollution incidents. Similarly, other amounts such as $16,000,000 are proposed to increase to $60,000,000. These changes reflect the bill’s aim to enforce stricter financial accountability in case of environmental disasters, potentially deterring risks associated with deepwater port operations.

While these changes could lead to better-prepared financial mechanisms to address environmental damage, they also raise concerns highlighted in the issues section. Mainly, the sharp increase in financial responsibility may favor large organizations capable of meeting these higher thresholds, thereby placing smaller operators at a disadvantage. Without clear justification or context, the measure could be perceived as overly burdensome for smaller entities that may struggle with the increased financial liability.

Financial Responsibility Requirements

The bill also addresses financial responsibility by amending the Oil Pollution Act to increase insurance or other financial assurance amounts. For instance, a previous requirement of $35,000,000 is now raised to $105,000,000, and another from $10,000,000 to $70,000,000. This signifies a move toward more extensive financial preparedness for potential spill incidents. Again, this change could create financial pressure on organizations, especially new or small ones, as securing higher levels of financial assurance can be costly and challenging.

Appropriation Authorizations

In the realm of appropriations, the bill authorizes the necessary sums to be appropriated for completing a programmatic environmental impact statement regarding deepwater port projects in the Gulf of Mexico. While specific amounts are not defined, the authorization indicates a commitment to thorough environmental assessment before approving new ports. The prohibition on issuing new licenses until this study is completed could also cause economic delays, as highlighted in the issues section. This pause in licensing could financially affect both the private sector and potentially the state’s economy if new developments are stalled.

Impact on LNG Research

Additionally, the bill introduces a prohibition on the use of funds for liquefied natural gas (LNG) research under the Maritime Environmental and Technical Assistance program. This could inadvertently restrict funding resources aimed at understanding the environmental impacts and potential benefits of LNG. Such financial restriction could limit advancements in maritime environmental studies, as highlighted in the issues section, potentially affecting future policy directions in energy and maritime environmental strategy.

In conclusion, while the financial references in H.R. 10490 aim to strengthen environmental accountability and preparedness, they may result in increased financial burdens on stakeholders, particularly smaller entities. The balance between enhanced environmental protection and economic feasibility is a pivotal aspect of the ongoing discourse surrounding this bill.

Issues

  • The bill significantly increases financial burdens through amendments in Section 3 to the Oil Pollution Act, with limits on liability and financial responsibility requirements increased drastically (up to five times in some cases) without providing context or justification for these changes. This could be seen as favoring large organizations that can meet these requirements more easily while placing excessive burdens on smaller operations.

  • Section 7 imposes a prohibition on issuing new deepwater port licenses until a programmatic environmental impact statement is completed, potentially causing significant delays in port development due to an undefined timeline for completion beyond 'not later than 1 year,' risking economic impacts.

  • The definition of 'impacted community' and 'environmental justice community' in Section 2 is complex and may require further clarification to avoid subjective interpretations, which could lead to disputes or challenges in implementation and enforcement.

  • Section 6 outlines very broad and complex criteria for environmental review, which could introduce ambiguities in implementation, especially regarding compliance with various significant environmental laws (e.g., the Clean Air Act, the Marine Mammal Protection Act).

  • The amendment in Section 4 mandates a minimum 90-day public comment period, which could be seen as unnecessarily lengthy, potentially delaying project approval processes.

  • In Section 8, the prohibition of liquefied natural gas research might limit the scope of the maritime environmental and technical assistance program, potentially blocking advancements in understanding LNG's environmental impacts or benefits.

  • Section 5 discusses the potentially lengthy and burdensome process of determining the impact on 'environmental justice communities' through public comment and hearings, which might lead to project delays and require clearer criteria for evaluation.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The short title of this legislative act is the β€œNO SPILLS Act of 2024”, which stands for the Nautical Oversight, Safety, and Protection of Inflammable Liquids by Law in the Sea Act of 2024.

2. Definitions Read Opens in new tab

Summary AI

The section modifies definitions in the Deepwater Port Act of 1974 by adding terms like "environment," which includes all living beings and the relationship between water, air, and land; "environmental justice community," describing communities facing higher negative effects; and "impacted community," referring to people and workers affected by issues at a deepwater port. It also defines "Indian Tribe" and outlines what qualifies as a "low-income community" based on income criteria.

3. Conditions for issuance of a license for the ownership, construction, and operation of a deepwater port Read Opens in new tab

Summary AI

The section outlines amendments to existing laws regarding deepwater ports and oil pollution. It increases financial responsibilities and liability limits for oil spills, strengthens environmental protections for impacted communities, and requires approval from states and Indian Tribes where these communities exist.

Money References

  • (b) Limits on liability.β€”Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amendedβ€” (1) in paragraph (1)(C)β€” (A) in clause (i)β€” (i) in subclause (I), by striking β€œ$22,000,000” and inserting β€œ$70,000,000”; and (ii) in subclause (II), by striking β€œ$16,000,000” and inserting β€œ$60,000,000”; and (B) in clause (ii)β€” (i) in subclause (I), by striking β€œ$6,000,000” and inserting β€œ$32,000,000”; and (ii) in subclause (II), by striking β€œ$4,000,000” and inserting β€œ$26,000,000”; and (2) in paragraph (2)β€” (A) by striking β€œ$950” and inserting β€œ$4,000”; and (B) by striking β€œ$800,000” and inserting β€œ$2,000,000”. (c) Financial responsibility requirements.β€”Section 1016(c)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(c)(1)) is amendedβ€” (1) in subparagraph (B)β€” (A) in clause (i), by striking β€œ$35,000,000” and inserting β€œ$105,000,000”; and (B) in clause (ii), by striking β€œ$10,000,000” and inserting β€œ$70,000,000”; and (2) in subparagraph (C), by striking β€œ$150,000,000” and inserting β€œ$300,000,000”.

4. Outreach to impacted communities, public comment, and public hearings Read Opens in new tab

Summary AI

The amendment to the Deepwater Port Act requires the Secretary to actively engage with communities that will be affected, especially those concerned with environmental justice, through ongoing outreach efforts. It also mandates that public comment periods for proposed deepwater port projects be at least 90 days long and that notices for public hearings be provided at least 30 days in advance, using a variety of communication methods to ensure accessibility.

5. National interest determination Read Opens in new tab

Summary AI

The section amends the Deepwater Port Act of 1974 to add a new consideration for determining the national interest of a deepwater port. It requires taking into account public opinion and the effects on affected communities, including those focused on environmental justice, as assessed through public comments and hearings.

6. Environmental review criteria Read Opens in new tab

Summary AI

The amendments to Section 6 of the Deepwater Port Act of 1974 introduce new environmental review criteria, focusing on aspects like air quality, community health, the shift to renewable energy, and compliance with various environmental laws. It also requires the Secretary, in collaboration with relevant federal agencies, to update these criteria within one year of the enactment of the NO SPILLS Act of 2024.

7. Programmatic environmental impact statement Read Opens in new tab

Summary AI

The new section added to the Deepwater Port Act of 1974 requires the Secretary to create a programmatic environmental impact statement for all deepwater port projects in the Gulf of Mexico within one year of the NO SPILLS Act of 2024 being enacted. Until this statement is completed, no new licenses or permits for deepwater ports can be issued.

7. Programmatic environmental impact statement for projects in the gulf of mexico Read Opens in new tab

Summary AI

The section requires the Secretary to prepare a detailed environmental review, known as a "programmatic environmental impact statement," for deepwater port projects in the Gulf of Mexico within one year of the NO SPILLS Act of 2024 becoming law. Until this review is completed, no new licenses or permits for deepwater ports can be issued, and necessary funds are authorized to accomplish this task.

8. Prohibition of liquefied natural gas research in maritime environmental and technical assistance program Read Opens in new tab

Summary AI

The section updates U.S. law to forbid the use of specific funds for research on liquefied natural gas within the maritime environmental and technical assistance program.