On May 4, 2023, Senator Shelley Moore Capito (R-WV), Ranking Member of the Environment and Public Works (EPW) Committee, introduced a permitting reform bill seeking to speed up the timeline for approving energy and infrastructure projects, S. 1449, the RESTART Act. The bill is co-sponsored by all Republicans on the EPW Committee. It would speed up the review and approval process by modernizing NEPA through strict deadlines for agencies to review projects, shortening timelines for courts to consider challenges to projects, and placing strict guidelines for when NEPA applies to a project. This bill also seeks to rein in the designation of waters as Waters of the United States under the Clean Water Act and would prohibit the use of Social Costs of Carbon when considering projects.
EPW Chair Senator Tom Carper (D-DE) has posted a discussion draft of a permitting reform bill that focuses on accelerating approval of clean projects. Energy Committee Ranking Member Senator John Barrasso (R-WY) has also introduced legislation, focused on streamlining reform of review and permitting of energy projects.
There have been developments since S. 1449 was introduced and since the draft bill was posted (see below for news on Waters of the United States and on NEPA reform in the debt limit legislation), but the basic issues remain.
Permitting reform remains a major priority of TIA and we are ready to work to push forward on. You may view S. 1449 by clicking here, or see a section-by-section summary of the bill by clicking here.
On May 23, 2023 the House Transportation and Infrastructure Committee held a full committee markup on a series of bills seeking to improve the supply chain and speed up infrastructure projects. Among the bills considered was an Amendment in the Nature of a Substitute to H.R. 2367, the Truck Parking Safety Improvement Act. H.R. 2367, introduced by Rep. Mike Bost (R-IL), would provide competitive grants for commercial motor vehicle parking along highways, or at facilities near highways. These facilities could include rest areas that include commercial motor vehicle parking to add capacity for parking at rest stops or travel plazas, and to reopen weigh stations to allow for parking.
TIA supports this bill; we have pushed for increased funds for commercial vehicle parking in previous letters to appropriators, and applaud the committee for passing this bill. We will continue to push for H.R. 2367 to be considered by the full House of Representatives for final passage. You may view the amended version of H.R. 2367 by clicking here.
In addition, during the markup H.R. 3365, the Supply Chain Improvement Act, was considered. The committee passed an amendment by Rep. Val Hoyle (D-OR) that would eliminate the 30% the cap on non-highway projects receiving money from the INFRA grant program. TIA is concerned that the elimination of the 30% cap could divert revenue away from highway projects towards other modes of transportation. The amendment passed the committee without opposition. You may view the Hoyle Amendment by clicking here.
On Friday, May 19, 2023, TIA submitted a letter to the Chairs and Ranking Members of the House and Senate Appropriations Subcommittees on Transportation, Housing and Urban Development, and Related Agencies. In our letter, we encouraged the Appropriators to continue recent practice by including funding for highways and bridges in the Fiscal Year 2024 Appropriations bill that exceeds the levels set by the Infrastructure Investment and Jobs Act (IIJA). TIA felt this letter was critical after President Biden advocated for no additional money for highways and bridges above IIJA levels in his FY 2024 budget.
The most recent Conditions and Performance Report by the United States Department of Transportation highlighted a backlog of $786.4 billion in highways and bridge investments and given the impact that inflation has had on the cost to construct highways and bridges, TIA believes increased investment in highways and bridges is critical. In addition to urging Congress to increase funds for highways and bridges, we continue to advocate for additional money for Commercial Motor Vehicle (CMV) parking. The House and Senate are considering CMV parking legislation, which the TIA supports, and we believe this is an additional opportunity to support funding for CMV parking.
We sent similar letters to the House and Senate Appropriators last summer and fall regarding FY 2023 funding, which ultimately resulted in increased funding above IIJA levels. TIA plans to follow this letter with direct lobbying on the need to continue to increase funding for highways and bridges to meet the promises of the IIJA and the national interest in highway investment.
We will continue to oppose efforts to slow down the permitting process for infrastructure projects authorized under the Infrastructure Investment and Jobs Act (IIJA) and other legislation as applicable. We anticipate that the CEQ will move quickly on finalizing this guidance, but Congress could seek to challenge whether this is guidance or if it rises to the level of a formal rule, and is subject to a challenge under the Congressional Review Act.