How the Senate’s Energy Permitting Reform Act of 2024 Powers Bipartisan Action on Climate
Like so much of the best policy crafted on Capitol Hill, the Energy Permitting Reform Act of 2024 (EPRA) is a product of bipartisan collaboration — a medley of prudent legislative measures that, together, equals a package more efficient and comprehensive than the sum of its parts.
This bill was meticulously produced by combining the best work of dozens of proposed policy measures and bills that have been introduced including the Speed Act and many, many more.
EPRA brings a balanced approach to addressing our diverse energy needs, promoting clean energy development while maintaining traditional energy sources, and streamlining processes to enhance overall energy infrastructure and security. Here are three reasons to appreciate this bipartisan bill:
Judicial review reforms:
The bill reduces the timeline for legal challenges to energy projects from six years to 150 days. This is meant to accelerate project development and eliminate the legal limbo that drives up the cost of developing renewable and non-renewable energy projects. (By the way, a 2023 study showed that solar projects and pipelines are the two most highly litigated energy pursuits in America.)
EPRA also sets time limits for agencies to act and requires courts to hustle permitting decisions for energy and mineral projects up the docket.
Agency primacy:
This act would centralize authority for permitting decisions within specific federal agencies. This measure is intended to streamline the permitting process by cutting back on delays caused by bureaucratic red tape.
Transmission line improvements:
The act enhances the transmission line construction process by drastically cutting down on the interregional approval process, which can currently drag out more than 10 years.
EPRA adds a federal backstop allowing qualifying project developers to circumvent state regulators and get a green light from The Federal Energy Regulatory Commission (FERC) if a transmission line would “significantly reduce transmission congestion in interstate commerce, protect or benefit consumers and provide improved reliability.”
The bill further slashes red tape by adding categorical exclusions for key transmission-related activities. This is good news for emission reduction. Aptly put by the Bipartisan Policy Center: “Time spent reviewing federal actions that will not have any significant environmental impacts is time that cannot be spent reviewing those that might.”
In summary, transmission reform measures are crucial as we keep one eye on our critical goal of grid modernization and pursue overall reduced emissions.
Overall, this is a sound piece of legislation with (1) enough substance to potentially make a dent in the American emissions curve and (2) a chance of passing — even in the distractible chaos of a lame duck election year.
The checks and balances system of our government famously hinges on balance and compromise. The Senate’s progress on much-needed permitting reform would ideally be reconciled with a House version, but there is little appetite in the House to address permitting reform with a bill of its own. By supporting sensible, hardworking and bipartisan members of the House we encourage them to improve on the Senate’s bill should it make it to the House.
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