MORGANTOWN – Sen. Joe Manchin’s permitting reform bill – the Energy Independence and Security Act – was introduced and put into the hands of senators on Wednesday.
Senate staff provided copies of the eight-page bill summary and the 91-page bill to the press and provided a background call for questions on the bill.
Highlights from the summary:
- It’s based on existing law streamlining provisions for transportation projects (roads, highways, bridges, rail and transit) that have been in the code since 1998 and expanded three times since.
- It sets a 2-year target for National Environmental Policy Act (NEPA) reviews for major energy and natural resource projects which require a full environmental impact statement and reviews from more than one federal agency and a 1-year target for projects which require an environmental assessment. It also requires issuance of all other permits within 180 days of finishing the NEPA process.
- It sets the 150 day statute of limitations for court challenges, requires random assignment of judges to cases consistent with current practice, and requires courts to set and enforce reasonable schedule (of no more than 180 days) for agencies to act on remanded or vacated permits.
- It requires the president to designate and prioritize reviews for a list of strategically important energy and mineral projects. Designation identifies these projects as national priorities for the American public, energy producers and consumers, energy workers, and our international allies.
- For projects that require compliance with water quality standards, it modifies Section 401 of the Clean Water Act to clarify that the scope of review for certification requests under this section is limited to federal, state, and tribal water quality requirements affected by the activity being federally licensed or permitted. The section also: clarifies that certifying agencies must take one of four final actions within one year of receiving a certification request: grant, grant with conditions, deny, or waive certification.
- It expands an existing authority to give the Federal government increased permitting authority for transmission lines found by the Secretary of Energy to be in the national interest, requires the Federal Energy Regulatory Commission (FERC) to ensure project costs are allocated to customers that benefit, and allows FERC to approve payments from utilities to jurisdictions impacted by a project.
- And it requires federal agencies to issue all approval and permits necessary for the construction of the Mountain Valley Pipeline; directing that within 30 days of enactment, the secretaries of Interior, Agriculture, Army, and the Federal Energy Regulatory Commission shall issue necessary biological opinions, incidental take statements, rights-of-way, amendments, permits, leases, verifications, and other authorizations for the construction and operation of the pipeline, substantially in the forms previously approved.
Press learned during the call that the bill combines Republican and Democratic legislation and proposals, and rules adopted under Presidents Trump and Biden. It’s similar in most respects to Sen. Shelley Moore Capito’s bill that was proposed as an amendment to the Inflation Reduction Act.
Questions have arisen about how the bill will proceed and if House leadership will support it. A releae from Manchin said, “As part of the Inflation Reduction Act … Chairman Manchin secured a commitment from Leader Schumer, Speaker Pelosi, and President Biden to pass this comprehensive permitting reform package before the end of the fiscal year on Sept. 30.”
No amendments are expected, Senate staff said during the call. They believe enough Republicans will vote for it rather than shut down the government by voting against the continuing resolution.
Manchin has indicated that he is relying on Capito to bring at least 10 GOP votes for the bill in order for it to reach the 60-vote threshold.
Republicans contacted about the bill are still reviewing it and weren’t ready to comment.
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