Climate Disaster Resilience and Other Legislation

Posted by Brad Johnson Wed, 28 Sep 2022 15:00:00 GMT

Business meeting page

Nominations
  • Colleen J. Shogan to be Archivist of the United States, National Archives and Records Administration
  • Vijay Shanker to be an Associate Judge, District of Columbia Court of Appeals
  • Laura E. Crane to be an Associate Judge, Superior Court of the District of Columbia
  • Leslie A. Meek to be an Associate Judge, Superior Court of the District of Columbia
  • Veronica M. Sanchez to be an Associate Judge, Superior Court of the District of Columbia
  • Errol Arthur to be an Associate Judge, Superior Court of the District of Columbia
  • Kendra D. Briggs to be an Associate Judge, Superior Court of the District of Columbia
  • Carl Ezekiel Ross to be an Associate Judge, Superior Court of the District of Columbia
Legislation
  • S. ___, Federal Contracting for Peace and Security Act
  • S. 4828, Governmentwide Executive Councils Administration and Performance Improvement Act
  • S. 4894, Improving Government Efficiency and Workforce Development through Federal Executive Boards Act
  • S. 4893, Lobbying Disclosure Improvement Act
  • S. ___, Strengthening Agency Management and Oversight of Software Assets Act of 2022�
  • S. ___, Department of Homeland Security Seal Protection Act
  • S. ___, Securing Open Source Software Act of 2022
  • S. 4882, Fire Grants and Safety Act
  • S. 4528, Improving Digital Identity Act of 2022
  • S. 4816/H.R. 7337, Access for Veterans to Records Act of 2022
  • S. 4328, Fire Suppression Improvement Act
  • S. 4399, All-American Flag Act
  • S. ___, Invent Here, Make Here for Homeland Security Act
  • S. ___, Protecting the Border from Unmanned Aircraft Systems Act
  • S. ___/H.R. 6461, National Climate Adaptation and Resilience Strategy Act of 2022
  • H.R. 7777, Industrial Control Systems Cybersecurity Training Act
  • H.R. 5689, Resilient Assistance for Mitigation for Environmentally Resilient Infrastructure and Construction by Americans (Resilient AMERICA) Act
  • H.R. 6824, President’s Cup Cybersecurity Competition Act
  • H.R. 7211, Small State and Rural Rescue Act
  • H.R. 3544, Computers for Veterans and Students (COVS) Act of 2022
  • H.R. 4209, DHS Illicit Cross-Border Tunnel Defense Act
  • H.R. 6873, Bombing Prevention Act of 2022

H.R. 5689, the Resilient Assistance for Mitigation for Environmentally Resilient Infrastructure and Construction by Americans (Resilient AMERICA) Act, addresses disaster resilience issues and expands coverage for hazard mitigation.

The bill

  • increases from 6% to 15% the estimated aggregate amount of grants that may be set aside for national public infrastructure pre-disaster hazard mitigation assistance;
  • makes private nonprofit facilities eligible for technical and financial assistance for implementing cost-effective pre-disaster hazard mitigation measures;
  • provides funding for water resources development projects; and
  • expands the use of hazard mitigation assistance to cover certain activities pertaining to wildfires, tsunamis, and ice storms.

Additionally, the Federal Emergency Management Agency (FEMA) must set aside 10% of funds made available for any given year to further the implementation and enforcement of the latest published editions of relevant consensus-based building codes.

FEMA must require as a condition of providing nonemergency financial assistance for construction projects costing at least $1 million that the steel and iron used in the projects be produced in the United States, with certain exceptions.

FEMA must carry out a residential resilience pilot program to provide grants for residential resilience retrofits (e.g., elevation of homes, floodproofing measures, wildfire retrofit and mitigation measures, and wind retrofits).

The Government Accountability Office must study the challenges to states and territories in obtaining funds under public assistance alternative procedures.

H.R. 6461, the National Climate Adaptation and Resilience Strategy Act, requires the Federal Government to produce a national climate adaptation and resilience strategy.

S. 4882, the Fire Grants and Safety Act;, authorizes appropriations for the United States Fire Administration and firefighter assistance grant programs.

S.4328, the Fire Suppression Improvement Act, sets the federal cost share of fire management assistance at 75% of the eligible cost of such assistance and permits a state or local government to use such assistance for the predeployment of assets and resources. The Federal Emergency Management Agency (FEMA) must complete a rulemaking to provide criteria for the circumstances under which it may recommend that the President increase the federal cost share.

H.R. 7211: Small State and Rural Rescue Act

This bill addresses requests for, and other matters pertaining to, disaster assistance provided through the Federal Emergency Management Agency (FEMA), with a focus on small states and rural communities.

The bill expands the duties of FEMA’s Small State and Rural Advocate to include assistance for states in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the state for a specific incident.

Additionally, the Government Accountability Office must review FEMA’s implementation of its final rule regarding factors considered when evaluating a governor’s request for a major disaster declaration. In particular, the review must focus on requests for a major disaster declaration authorizing individual assistance.

PROMESA and LUMA Energy’s Contract (Postponed)

Posted by Brad Johnson Thu, 22 Sep 2022 14:00:00 GMT

The Committee on Natural Resources Office of Insular Affairs will hold a hybrid oversight hearing on “PROMESA and LUMA Energy’s Contract.” Scheduled for Thursday, September 22, 2022, at 10:00 a.m. ET, in room 1324 Longworth House Office Building and via Cisco Webex, the hearing has been postponed because of the catastrophic damage from Hurricane Fiona.

The hearing will feature testimony from key stakeholders regarding the implementation of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) and discuss H.R. 7409TRUST for Puerto Rico Act to dissolve the Oversight Board. The hearing will also examine LUMA Energy’s contract to manage, operate, and rebuild Puerto Rico’s electric power transmission and distribution system.

Witnesses:

Panel I: PROMESA and H.R. 7409
  • Pedro Pierluisi, Governor of Puerto Rico
  • José Luis Dalmau, President, Puerto Rico Senate
  • Rafael “Tatito” Hernández, Speaker, Puerto Rico House of Representatives
  • David A. Skeel Jr, Chair, Financial Oversight and Management Board
  • Jessica E. Méndez-Colberg, Attorney, Bufete Emmanuelli, C.S.P.
  • Cecille Blondet, Executive Director, Espacios Abiertos
  • Maryln Goyco-García, Puerto Rico Campaign Coordinator, Center for Popular Democracy
Panel II: LUMA Energy’s Contract
  • Fermín Fontanés, Executive Director, Puerto Rico Public-Private Partnerships Authority
  • Josué Colón, Executive Director, Puerto Rico Electric Power Authority
  • Edison Avilés-Deliz, Chair, Puerto Rico Energy Bureau
  • Wayne Stensby, President & CEO, LUMA Energy Corporation
  • Ruth Santiago, Attorney & Environmental Policy Expert
  • Ingrid Vila Biaggi, President, CAMBIO

Inflation Reduction Act Celebration

Posted by Brad Johnson Tue, 13 Sep 2022 19:00:00 GMT

Formal ceremony at the White House celebrating the passage of the Inflation Reduction Act.

Manchin Permit Plan Mimics Rejected Capito-Inhofe Amendment to Inflation Reduction Act

Posted by Brad Johnson Fri, 09 Sep 2022 13:43:00 GMT

In a press briefing on Thursday, White House press secretary Karine Jean-Pierre announced “we support the permitting reform bill” backed by Sen. Joe Manchin (D-W.Va.), even though full text of the legislation has not been publicly released.

Remarkably, Jean-Pierre criticized the existence of the permitting process, saying, “Permitting always delays a new solar and new wind projects are among the longest in our — in our country.” [sic]

In August, Manchin told West Virginia Metro News that his permit plan “is something the Republican Party has wanted for the last five to seven years I’ve been with them.” Explaining the plan to attach his permit bill to the government-funding continuing resolution, “It either keeps the country open, or we shut down the government. That’ll happen Sept. 30, so let’s see how that politics plays out.”

Manchin expects the support of Republicans who are the strongest advocates of the fossil-fuel industry in the Senate, such as Sens. Shelley Moore Capito of West Virginia, Jim Inhofe of Oklahoma, John Boozman of Arkansas, and John Barrasso of North Dakota, who have, as he noted, attempted to restrict environmental review of energy projects for years.

Inhofe and Barrasso are notoriously the most extreme proponents of climate denial in the Senate.

The exact language of the plan, expected to be released today, is unclear. As of year, there is only a one-page summary of Manchin’s plan and leaked draft legislation with an American Petroleum Institute watermark.

Sens. Capito and Inhofe proposed an amendment to the Inflation Reduction Act that would have compelled the construction of the Mountain Valley Pipeline and greatly restricted environmental review, as Manchin’s one-pager intends. As expected, the amendment was ruled out of order for a reconciliation bill and not voted on.

Full White House press briefing exchange:
Does the White House support putting Senator Manchin’s permitting reform measure into the CR?

MS. JEAN-PIERRE: So, we support the permitting reform bill, which will help us realize the benefits of the historic investments in the Inflation Reduction Act and the Bipartisan Infrastruc- — Infrastructure Law as well. We want to see it enacted. We are working with Senator Schumer and Senator Manchin to find the best path forward.

We think it’s important to meet the country’s clean energy goals and to reduce cost and to promote energy security. Permitting always delays a new solar and new wind projects are among the longest in our — in our country.

So, right now, as you all know, we’ve seen gas prices moving downward at a record pace in — fastest pace in history — in our history. The point of this legislation is to help ensure a long-term clean energy supply for this country. And — and so, we’re going to continue to work with Senator Schumer on this.

Q With the permitting reform, the White House believes it could have an effect on a downward trend with gas prices?

MS. JEAN-PIERRE: So, again, you know, we’ve done the work to see the prices of gas at the pump go down every day this summer — consecutive days, 86 days. It’s at three hu- — $3.75 per gallon nationally. And so, we’ve done the work to do that.

What we see this will help us do is ensure long-term clean energy supply for this country. And so, this is — this is a reason why we think this is important.

Q And just lastly on that: Is there any concern –there’s obviously differences amongst Democrats on this — that this could sink a CR and lead to a government shutdown?

MS. JEAN-PIERRE: Meaning this particular —

Q Yeah, this issue.

MS. JEAN-PIERRE: Look, the way that we see this is this is not the first time that we’re going through a process — a CR process. We did it last year. And we believe that it can happen again, that Congress can move forward and get the CR done.

Full text of the Capito-Inhofe amendment:
SA 5383. Mrs. CAPITO (for herself and Mr. Inhofe) submitted an amendment intended to be proposed to amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to provide for reconciliation pursuant to title II of S. Con. Res. 14; which was ordered to lie on the table; as follows:

At the end of title VI, add the following

Subtitle F—Regulatory Authority

SEC. 60601. CODIFICATION OF NEPA REGULATIONS.

The revisions to the Code of Federal Regulations made pursuant to the final rule of the Council on Environmental Quality titled ``Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act’’ and published on July 16, 2020 (85 Fed. Reg. 43304), shall have the same force and effect of law as if enacted by an Act of Congress.

SEC. 60602. PROVIDING REGULATORY CERTAINTY UNDER THE FEDERAL WATER POLLUTION CONTROL ACT.

  1. Waters of the United States.—The definitions of the term ``waters of the United States’’ and the other terms defined in section 328.3 of title 33, Code of Federal Regulations (as in effect on January 1, 2021), are enacted into law.
  2. Codification of Section 401 Certification Rule.—The final rule of the Environmental Protection Agency entitled ``Clean Water Act Section 401 Certification Rule’’ (85 Fed. Reg. 42210 (July 13, 2020)) is enacted into law.
  3. Codification of Nationwide Permits.—The Nationwide Permits issued, reissued, or modified, as applicable, in the following final rules of the Corps of Engineers are enacted into law:
    1. The final rule of the Corps of Engineers entitled ``Reissuance and Modification of Nationwide Permits’’ (86 Fed. Reg. 2744 (January 13, 2021)).
    2. The final rule of the Corps of Engineers entitled ``Reissuance and Modification of Nationwide Permits’’ (86 Fed. Reg. 73522 (December 27, 2021)).
SEC. 60603. PROHIBITION ON USE OF SOCIAL COST OF GREENHOUSE GAS ESTIMATES RAISING GASOLINE PRICES.
  1. In General.—In promulgating regulations, issuing guidance, or taking any agency action (as defined in section 551 of title 5, United States Code) relating to the social cost of greenhouse gases, no Federal agency shall adopt or otherwise use any estimates for the social cost of greenhouse gases that may raise gasoline prices, as determined through a review by the Energy Information Administration.
  2. Inclusion.—The estimates referred to in subsection (a) include the interim estimates in the document of the Interagency Working Group on the Social Cost of Greenhouse Gases entitled ``Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990’’ and dated February 2021.
SEC. 60604. EXPEDITING PERMITTING AND REVIEW PROCESSES.
  1. Definitions.—In this section:
    1. Authorization.—The term ``authorization’’ means any license, permit, approval, finding, determination, or other administrative decision issued by a Federal department or agency that is required or authorized under Federal law in order to site, construct, reconstruct, or commence operations of an energy project, including any authorization described in section 41001(3) of the FAST Act (42 U.S.C. 4370m(3)).
    2. Energy project.—The term ``energy project’’ means any project involving the exploration, development, production, transportation, combustion, transmission, or distribution of an energy resource or electricity for which—
      1. an authorization is required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
        1. the head of the lead agency has determined that an environmental impact statement is required; or
        2. the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as an energy project.
    3. Environmental impact statement.—The term ``environmental impact statement’’ means the detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    4. Environmental review and authorization process.—The term ``environmental review and authorization process’’ means—
      1. the process for preparing for an energy project an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
      2. the completion of any authorization decision required for an energy project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    5. Lead agency.—The term ``lead agency’’ means—
      1. the Department of Energy;
      2. the Department of the Interior;
      3. the Department of Agriculture;
      4. the Federal Energy Regulatory Commission;
      5. the Nuclear Regulatory Commission; or
      6. any other appropriate Federal agency, as applicable, that may be responsible for navigating the energy project through the environmental review and authorization process.
    6. Project sponsor.—The term ``project sponsor’’ means an agency or other entity, including any private or public- private entity, that seeks approval from a lead agency for an energy project.
  2. Timely Authorizations for Energy Projects.—
    1. In general.—
      1. Deadline.—Except as provided in subparagraph (C), all authorization decisions necessary for the construction of an energy project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the energy project by the lead agency.
      2. Detail.—The final environmental impact statement for an energy project shall include an adequate level of detail to inform decisions necessary for the role of any Federal agency involved in the environmental review and authorization process for the energy project.
      3. Extension of deadline.—The head of a lead agency may extend the deadline under subparagraph (A) if—
        1. Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph;
        2. the project sponsor requests that the permit or approval follow a different timeline; or
        3. an extension would facilitate completion of the environmental review and authorization process of the energy project.
    2. Energy project schedule.—To the maximum extent practicable and consistent with applicable Federal law, for an energy project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the energy project that is consistent with a time period of not more than 2 years for the completion of the environmental review and authorization process for an energy project, as measured from, as applicable—
      1. the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or
      2. the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.
    3. Length of environmental impact statement.—
      1. In general.—Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for an energy project shall be 200 pages or fewer.
      2. Exemption.—The text referred to in subparagraph (A) of an environmental impact statement for an energy project may exceed 200 pages if the lead agency establishes a new page limit for the environmental impact statement for that energy project.
  3. Deadline for Filing Energy-related Causes of Action.—
    1. Definitions.—In this subsection:
      1. Agency action.—The term ``agency action’’ has the meaning given the term in section 551 of title 5, United States Code.
      2. Energy-related cause of action.—The term ``energy- related cause of action’’ means a cause of action that—
        1. is filed on or after the date of enactment of this Act; and
        2. seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission for an energy project.
    2. Deadline for filing.—
      1. In general.—Notwithstanding any other provision of Federal law, an energy-related cause of action shall be filed by—
        1. not later than 60 days after the date of publication of the applicable final agency action; or
        2. if another Federal law provides for an earlier deadline than the deadline described in clause (i), the earlier deadline.
      2. Prohibition.—An energy-related cause of action that is not filed within the applicable time period described in subparagraph (A) shall be barred.
    3. Application of Categorical Exclusions for Energy Projects.—In carrying out requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for an energy project, a Federal agency may use categorical exclusions designated under that Act in the implementing regulations of any other agency, subject to the conditions that—
      1. the agency makes a determination, in consultation with the lead agency, that the categorical exclusion applies to the energy project;
      2. the energy project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
      3. the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the agency, except any list of the agency that designates categorical exclusions.

    SEC. 60605. FRACTURING AUTHORITY WITHIN STATES.

    1. Definition of Federal Land.—In this section, the term ``Federal land’’ means—
      1. public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702));
      2. National Forest System land;
      3. land under the jurisdiction of the Bureau of Reclamation; and
      4. land under the jurisdiction of the Corps of Engineers.
    2. State Authority.—
      1. In general.—A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State.
      2. Federal land.—The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.

    SEC. 60606. FEDERAL LAND FREEDOM.

    1. Definitions.—In this section:
      1. Available federal land.—The term ``available Federal land’’ means any Federal land that, as of May 31, 2013—
        1. is located within the boundaries of a State;
        2. is not held by the United States in trust for the benefit of a federally recognized Indian Tribe;
        3. is not a unit of the National Park System;
        4. is not a unit of the National Wildlife Refuge System; and
        5. is not a congressionally designated wilderness area.
      2. State.—The term ``State’’ means—
        1. a State; and
        2. the District of Columbia.
      3. State leasing, permitting, and regulatory program.—The term ``State leasing, permitting, and regulatory program’’ means a program established pursuant to State law that regulates the exploration and development of oil, natural gas, and other forms of energy on land located in the State.
    2. State Control of Energy Development and Production on All Available Federal Land.—
      1. State leasing, permitting, and regulatory programs.— Any State that has established a State leasing, permitting, and regulatory program may—
        1. submit to the Secretaries of the Interior, Agriculture, and Energy a declaration that a State leasing, permitting, and regulatory program has been established or amended; and
        2. seek to transfer responsibility for leasing, permitting, and regulating oil, natural gas, and other forms of energy development from the Federal Government to the State.
      2. State action authorized.—Notwithstanding any other provision of law, on submission of a declaration under paragraph (1)(A), the State submitting the declaration may lease, permit, and regulate the exploration and development of oil, natural gas, and other forms of energy on Federal land located in the State in lieu of the Federal Government.
      3. Effect of state action.—Any action by a State to lease, permit, or regulate the exploration and development of oil, natural gas, and other forms of energy pursuant to paragraph (2) shall not be subject to, or considered a Federal action, Federal permit, or Federal license under—
        1. subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act’‘);
        2. division A of subtitle III of title 54, United States Code;
        3. the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
        4. the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    3. No Effect on Federal Revenues.—
      1. In general.—Any lease or permit issued by a State pursuant to subsection (b) shall include provisions for the collection of royalties or other revenues in an amount equal to the amount of royalties or revenues that would have been collected if the lease or permit had been issued by the Federal Government.
      2. Disposition of revenues.—Any revenues collected by a State from leasing or permitting on Federal land pursuant to subsection (b) shall be deposited in the same Federal account in which the revenues would have been deposited if the lease or permit had been issued by the Federal Government.
      3. Effect on state processing fees.—Nothing in this section prohibits a State from collecting and retaining a fee from an applicant to cover the administrative costs of processing an application for a lease or permit.

    SEC. 60607. EXPEDITING COMPLETION OF THE MOUNTAIN VALLEY PIPELINE.

    1. Definition of Mountain Valley Pipeline.—In this section, the term ``Mountain Valley Pipeline’’ means the Mountain Valley Pipeline project, as generally described and approved in Federal Energy Regulatory Commission Docket Nos. CP16-10 and CP19-477.
    2. Expedited Approval.—Notwithstanding any other provision of law, not later than 21 days after the date of enactment of this Act and for the purpose of facilitating the completion of the Mountain Valley Pipeline—
      1. the Secretary of the Army shall issue all permits or verifications necessary—
        1. to complete the construction of the Mountain Valley Pipeline across the waters of the United States; and
        2. to allow for the operation and maintenance of the Mountain Valley Pipeline;
      2. the Federal Energy Regulatory Commission shall approve any amendments to the certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission on October 13, 2017, and grant any extensions that are necessary—
        1. to complete the construction of the Mountain Valley Pipeline; and
        2. to allow for the operation and maintenance of the Mountain Valley Pipeline;
      3. the Secretary of Agriculture shall amend the Land and Resource Management Plan for the Jefferson National Forest in a manner that is substantively identical to the record of decision with respect to the Mountain Valley Pipeline issued on January 11, 2021; and
      4. the Secretary of the Interior shall—
        1. reissue the biological opinion and incidental take statement for the Mountain Valley Pipeline in a manner that is substantively identical to the biological opinion and incidental take statement previously issued on September 4, 2020; and
        2. grant all necessary rights-of-way and temporary use permits in a manner that is substantively identical to the those permits approved in the record of decision with respect to the Mountain Valley Pipeline issued on January 14, 2021.
      5. Judicial Review.—No action taken by the Secretary of the Army, the Federal Energy Regulatory Commission, the Secretary of Agriculture, or the Secretary of the Interior that grants an authorization, permit, verification, biological opinion, incidental take statement, or any other approval related to the Mountain Valley Pipeline, including the issuance of any authorization, permit, verification, authorization, biological opinion, incidental take statement, or other approval described in subsection (b), shall be subject to judicial review.
      6. Effect.—This section preempts any statute (including any other section of this Act), regulation, judicial decision, or agency guidance that is inconsistent with the issuance of any authorization, permit, verification, authorization, biological opinion, incidental take statement, or other approval described in subsection (b).

      SEC. 60608. FASTER PROJECT CONSULTATION.

      Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended—
      1. in subparagraph (A), by striking ``90-day’’ and inserting ``60-day’’; and
      2. in subparagraph (B)—
        1. in the matter preceding clause (i)—
          1. by striking ``90 days’’ and inserting ``60 days’’; and
          2. by striking ``90th day’’ and inserting ``60th day’’;
        2. in clause (i), in the matter preceding subclause (I), by striking ``150th day’’ and inserting ``100th day’’; and
        3. in clause (ii), by striking ``150 or more’’ and inserting ``100 or more’’.

      SEC. 60609. NEW SOURCE REVIEW PERMITTING.

      1. Clarification of Definition of a Modification for Emission Rate Increases, Pollution Control, Efficiency, Safety, and Reliability Projects.—Paragraph (4) of section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)) is amended—
        1. by inserting ``(A)’’ before ``The term’’;
        2. by inserting before the period at the end the following: ``. For purposes of the preceding sentence, a change increases the amount of any air pollutant emitted by such source only if the maximum hourly emission rate of an air pollutant that is achievable by such source after the change is higher than the maximum hourly emission rate of such air pollutant that was achievable by such source during any hour in the 10-year period immediately preceding the change’’; and
        3. by adding at the end the following: ``(B) Notwithstanding subparagraph (A), the term `modification’ does not include a change at a stationary source that is designed— ``(i) to reduce the amount of any air pollutant emitted by the source per unit of production; or ``(ii) to restore, maintain, or improve the reliability of operations at, or the safety of, the source, except, with respect to either clause (i) or (ii), when the change would be a modification as defined in subparagraph (A) and the Administrator determines that the increase in the maximum achievable hourly emission rate of a pollutant from such change would cause an adverse effect on human health or the environment.’’.
        4. Clarification of Definition of Construction for Prevention of Significant Deterioration.—Subparagraph (C) of section 169(2) of the Clean Air Act (42 U.S.C. 7479(2)) is amended to read as follows: ``==(C)== The term `construction’, when used in connection with a major emitting facility, includes a modification (as defined in section 111(a)) at such facility, except that for purposes of this subparagraph a modification does not include a change at a major emitting facility that does not result in a significant emissions increase, or a significant net emissions increase, in annual actual emissions at such facility.’’.
        5. Clarification of Definition of Modifications and Modified for Nonattainment Areas.—Paragraph (4) of section 171 of the Clean Air Act (42 U.S.C. 7501) is amended to read as follows: ``(4) The terms `modifications’ and `modified’ mean a modification as defined in section 111(a)(4), except that such terms do not include a change at a major emitting facility that does not result in a significant emissions increase, or a significant net emissions increase, in annual actual emissions at such facility.’’.
        6. Rule of Construction.—Nothing in this section or the amendments made by this section shall be construed to treat any change as a modification for purposes of any provision of the Clean Air Act (42 U.S.C. 7401 et seq.) if such change would not have been so treated as of the day before the date of enactment of this Act.

        SEC. 60610. PROHIBITION ON RETROACTIVE PERMIT VETOES.

        Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by striking subsection (c) and inserting the following:
        `` (c) Authority of EPA Administrator.—
        ``(1) Possible prohibition of specification.—Until such time as the Secretary has issued a permit under this section, the Administrator may prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and the Administrator may deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever the Administrator determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas.
        ``(2) Consultation required.—Before making a determination under paragraph (1), the Administrator shall consult with the Secretary.
        ``(3) Written findings required.—The Administrator shall set forth in writing and make public the findings and reasons of the Administrator for making any determination under this subsection.’’.

Press Call to Discuss U.S. and Global Implications of the Inflation Reduction Act

Posted by Brad Johnson Mon, 08 Aug 2022 15:00:00 GMT

The U.S. Senate is poised to pass the Inflation Reduction Act (IRA), a major landmark for American efforts to address the climate crisis that would be the most significant climate legislation in U.S. history and get the country within striking distance of its 2030 emissions reduction target.

If passed, the package of climate and clean energy investments will have a tremendous impact on innovation and cost reductions for a whole set of clean-energy solutions. The investments would help accelerate the U.S. transition to a clean energy economy and offer Americans a plethora of savings, health and economic benefits. The bill will also be critical in making progress toward the nation’s climate goal and show other countries that the U.S. is still a leader in the fight against climate change.

Join us for a press briefing on August 8, 20222 ET to help distill some of the major takeaways of the IRA, what it means for the U.S. ambitions to achieve its 2030 emissions reduction target, and how it may affect the global climate policy debate in the months ahead.

RSVP

Evergreen Explains: What's in the Inflation Reduction Act

Posted by Brad Johnson Mon, 01 Aug 2022 23:00:00 GMT

Join Evergreen Action as we chat with Senator Ed Markey, Representative Pramila Jayapal, and Rev. Lennox Yearwood Jr. of the Hip Hop Caucus about the climate provisions in the new Inflation Reduction Act. Evergreen Action Senior Policy Advisor Dr. Leah Stokes will moderate a conversation about the trade-offs and historic investments contained in the historic bill.

Webinar link

Hualapai Tribe Water Rights Settlement Act, Katimiîn and Ameekyáaraam Sacred Lands Act, and Urban Indian Health Confer Act

Posted by Brad Johnson Wed, 20 Jul 2022 18:30:00 GMT

Legislative hearing to receive testimony on S. 4104, S. 4439 & H.R. 5221.

Legislation:
  • S. 4104, Hualapai Tribe Water Rights Settlement Act of 2022. Sen. Kyrsten Sinema, D-Ariz.
  • S. 4439, Katimiîn and Ameekyáaraam Sacred Lands Act. Sen. Alex Padilla, D-Calif.
  • H.R. 5221, Urban Indian Health Confer Act. Rep. Raúl Grijalva, D-Ariz.

Legislation to Strengthen Energy Infrastructure, Efficiency, and Financing

Posted by Brad Johnson Wed, 22 Jun 2022 14:30:00 GMT

The Subcommittee on Energy of the Committee on Energy and Commerce will hold a hybrid legislative hearing that includes both in-person and remote attendance on Wednesday, June 22, 2022, at 10:30 a.m. This hearing will take place in the John D. Dingell Room, 2123 of the Rayburn House Office Building, as well as remotely using Cisco Webex online video conferencing. The hearing is entitled, “Legislative Hearing to Strengthen Energy Infrastructure, Efficiency, and Financing.”

Legislation:
  • H.R. 1599, the “Securing America’s Critical Minerals Supply Act”
  • H.R. 5292, the “Energy Accountability Act”
  • H.R. 7947, the “Weatherization Enhancement and Readiness Act of 2022”
  • H.R. 7962, “To amend the Energy Policy and Conservation Act to modify the definition of water heater under energy conservation standards and for other purposes”
  • H.R. 8053, the “Guaranteeing Resilient Installations for Defense Act” or the “GRID Act”
  • H.R. 8068, the “Tribal Energy Investment Act of 2022”

Suballocation of Budget Allocations for FY 2023, Defense, and Legislative Branch Appropriations Bills

Posted by Brad Johnson Wed, 22 Jun 2022 14:00:00 GMT

Great Lakes, Invasive Species, Delaware River Basin, National Water Data, Rio Grande, and other legislation

Posted by Brad Johnson Thu, 16 Jun 2022 13:00:00 GMT

On Thursday, June 16, 2022 at 9:00 a.m. ET, in room 1324 Longworth House Office Building and via Cisco WebEx, the Subcommittee on Water, Oceans, and Wildlife will hold a hybrid legislative hearing on the following bills:
  • H.R. 4768 (Rep. David Joyce, R-OH) To require the Secretary of the Army to initiate at least 5 projects to reduce the loss and degradation of Great Lakes coastal wetlands, and for other purposes. Detrimental Erosion Forcing Enhanced Needs to Defend (DEFEND) the Great Lakes Act.
  • H.R. 6936 (Rep. Elise Stefanik, R-NY) To provide for the issuance of a semipostal to benefit programs that combat invasive species. Stamp Out Invasive Species Act.
  • H.R. 6949 (Rep. Dwight Evans, D-PA) To amend the Water Infrastructure Improvements for the Nation Act to reauthorize Delaware River Basin conservation programs, and for other purposes. Delaware River Basin Conservation Reauthorization Act of 2022.
  • H.R. 7398 (Rep. Steve Cohen, D-TN) To prohibit wildlife killing contests on public lands, and for other purposes. Prohibit Wildlife Killing Contests Act of 2022.
  • H.R. 7792 (Rep. Melanie Stansbury, D-NM) To provide for a national water data framework, and for other purposes. Water Data Act.
  • H.R. 7793 (Rep. Melanie Stansbury, D-NM) To provide for the water security of the Rio Grande Basin, to reauthorize irrigation infrastructure grants, and for other purposes. Rio Grande Water Security Act.
  • H.R. 7801 (Rep. Mike Levin, D-CA) To amend the Coastal Zone Management Act of 1972 to allow the Secretary of Commerce to establish a Coastal and Estuarine Resilience and Restoration Program, and for other purposes.
Witnesses:
  • Rep. Melanie Stansbury (D-N.M.)

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