The House of Representatives on Dec. 11 passed H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today (PERMIT) Act, by a vote of 221-205.
APPA advocated for this legislation to pass because it would streamline permitting procedures and add judicial review requirements and timelines under the Clean Water Act (CWA).
Specifically, the bill would clarify CWA Section 401 permitting requirements, codify the longstanding WOTUS exclusion for waste treatment systems, modify and expand the Nationwide Permit Program, and establish judicial review requirements and timelines.
The House considered eight amendments on the floor.
One noteworthy amendment offered by Representative Brian Babin (R-TX) passed by voice vote.
The amendment applies judicial review requirements under Section 401 of the CWA for the licensing or siting of interstate transmission facilities or actions taken by the Federal Energy Regulatory Commission.
APPA noted that this is its initial interpretation of the amendment and that it will engage in additional analysis and report on any relevant information.
The judicial review requirements would include:
• Only the applicant or an entity that suffers, or is likely to suffer, irreparable economic harm from the authorization of a project has judicial standing to challenge a permit under the CWA. For organizations, each member of the organization must meet this standard.
• Litigation must be initiated 30 days following final agency action. If this deadline is missed, courts have no remedy.
• Courts must promptly review the case and issue a final decision within 120 days. In extraordinary situations, courts may extend the deadline by 60 days.
APPA said permitting activity is shifting to policy conversation in the Senate, where the Committee on the Environment and Public Works (EPW) is shepherding a legislative package that includes narrower changes to permitting under CWA, the National Environmental Policy Act, the Endangered Species Act, the Clean Air Act, and the Toxic Substances Control Act.
APPA said it will continue to engage with Senate offices to advocate for public power priorities in the permitting reform process.
Related to permitting, the House also passed H.R. 4503, the ePermit Act, which would create a digital platform for the federal permitting process.
APPA supports this legislation to modernize the permitting process and increase transparency for applicants waiting for reviews and approvals.
On grid security and electric reliability, the House passed the following legislation the week of Dec. 8:
H.R. 3628 – State Planning for Reliability and Affordability Act (Sponsored by Rep. Gabe Evans (R-CO)
• Vote: 218 to 207
• H.R. 3628 would impose a new “must consider” requirement, under PURPA section 111(d), on state public utility commissions and regulated electric utilities, but not on non-regulated utilities. Specifically, it would require regulated utilities to establish sufficient “reliable” generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning.
• Note: APPA advocated for public power utilities to be exempt from this new “must consider” requirement under H.R. 3628.
H.R. 3638 – Electric Supply Chain Act (Sponsored by Rep. Bob Latta (R-OH))
• Vote Total: 267 to 159
• H.R. 3638 would require DOE to prepare periodic assessments and submit reports on the supply chain for the generation and transmission of electricity.
