Commonsense Review Act

There is established an interagency group that shall work toward interagency alignment on categorical exclusions.

The interagency group established by subsection (a) shall consist of—

(1) the Secretary of Energy;

(2) the Secretary of the Interior;

(3) each member of the Federal Energy Regulatory Commission; and

(4) the Secretary of Agriculture.

The Secretary of Energy shall serve as the chair of the interagency group established by subsection (a).

Not later than 360 days after the date of enactment of this Act, each member of the interagency group established by subsection (a) shall—

(1) pursuant to section 109 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336c), adopt any categorical exclusion with respect to which—

(A) the member identifies the categorical exclusion under paragraph (1) of such section as listed in the NEPA procedures of another member of such interagency group; and

(B) the member ensures the adoption of such categorical exclusion to a category of actions is appropriate through consultation under paragraph (2) of such section; and

(2) jointly with another member of such interagency group, establish a new categorical exclusion for any category of actions relating to the interstate transmission of electric energy or to a battery energy storage project that such members determine normally does not significantly affect the quality of the human environment within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

Not later than 360 days after the date of enactment of this Act, the interagency group established by subsection (a) shall submit to Congress a report on—

(1) any categorical exclusion that a member of the interagency group adopted or established pursuant to this section;

(2) if any member of the interagency group did not adopt or establish a categorical exclusion pursuant to this section, the reason why the member did not take such action; and

(3) any recommendations to Congress on—

(A) future areas for interagency collaboration on categorical exclusions; and

(B) any need for a statutory categorical exclusion.

The interagency group established by subsection (a) shall dissolve after submission of the report under subsection (e).