The House Transportation and Infrastructure Committee on June 25 passed the Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act.
The legislation is H.R. 3898.
Water Resources and Environment Subcommittee members previously introduced 15 bills seeking to streamline various Clean Water Act (CWA) permitting processes.
The legislation passed on June 25 is an amendment in the nature of a substitute that combines the legislative text of the bills into one package.
The House Transportation and Infrastructure Committee invited APPA to provide feedback during the drafting of the legislation to ensure member priorities were reflected in the final product.
Notably, the legislation would codify the Environmental Protection Agency’s long-implemented exclusion for water treatment systems from the definition of waters of the United States.
The bill would also double the maximum period for reissuance of a Nationwide Permit (NWP) from five to ten years and clarify NWP requirements for linear infrastructure projects necessary for constructing transmission lines.
APPA said it supports these provisions as they provide regulatory certainty for utilities to plan and maintain infrastructure effectively.
“We commend the committee for reaching out to stakeholders to seek their input on how to improve the CWA to promote the timely permitting of energy infrastructure projects while being protective of the environment,” wrote Desmarie Waterhouse, Senior Vice President of Advocacy and Communications & General Counsel, at APPA, in a June 24 letter to Rep. Sam Graves (R-Mo.), Chairman, Committee on Transportation and Infrastructure, and Rick Larsen (D-Washington State), Ranking Member, Committee on Transportation and Infrastructure.
The legislation includes timeline requirements for judicial review of permits to avoid lengthy legal challenges and permit exclusions for fire retardant used to respond to wildfires.
The amendments to the bill that were considered had a limited impact on public power’s priorities.
During debate on the bill and its amendments, Republicans remained unified in favor of the legislation and reiterated their support for reforming CWA permitting processes.
Graves said the legislation will increase regulatory certainty and streamline CWA permitting. Chairman of the Subcommittee on Water Resources and Environment Mike Collins (R-GA) said the package will also protect permit holders from “frivolous lawsuits” regarding water quality concerns.
Democrats remained unified in opposing the bill, stating that the committee is relaxing CWA regulations that protect human health and vulnerable communities.
Larsen summed up his position by saying, “this bill makes it easier to release harmful and toxic pollution into nations, rivers, streams, lakes, and other water bodies through loopholes, legal shields, and limited oversight for the polluters.”
