Underground Infrastructure - April 2023 - 29

chains, and lowers costs across the board. All of this will ensure
we build a better and more secure future in America, " she said.
The legislation was immediately opposed by most Democrats,
including Senate Majority Leader Chuck Schumer (DNY),
who called the measure a " partisan, dead-on-arrival and
unserious proposal for addressing American energy needs "
that he considers " a non-starter in the Senate. "
The three committees raced to assemble the package by
holding several hearings, subcommittee markups and then full
committee markups. While this reflected a breakneck pace for
lawmakers, much of the package includes similar provisions
offered by Republicans last year in partial response to rising
energy prices.
Of course, all parts of HR 1 are not expected to ultimately
become law, given the fact that energy policy has become
highly partisan, in general. However, talks about speeding up
infrastructure project approvals are now bipartisan in wake of
unprecedented infrastructure legislation that is pumping well
over a half trillion dollars in new federal investments into a
wide range of infrastructure projects.
Sen. Joe Manchin (D-W.V.) unsuccessfully attempted to
pass permitting reform legislation late last year amid resistance
from Republicans, who said his legislation didn't go far
enough and many Democrats who said it went too far.
Pro-energy industry supporters sprang into action almost
immediately generating a barrage of letters, statements and
press activities supporting the bill and specifying their priority
measures included in it. One industry letter, drafted by the
U.S. Chamber of Commerce and signed by scores of industry
groups, underscored the importance of modernizing project
permitting processes, stating:
" Public- and private-sector infrastructure projects will improve
our economy and the lives of millions of Americans.
Investing in highways, bridges, transit systems, and ports will
move people and goods more quickly and efficiently.
" Building new energy production and transmission projects
promises to improve energy reliability and reduce emissions.
Expanding access to broadband can close the digital
divide, and rebuilding failing water systems will ensure safe
drinking water.
" And we can strengthen our national security by expanding
domestic production of critical technologies and the raw
materials they require. But America cannot accomplish any of
this if the outdated, inefficient and unpredictable permitting
process is not improved. "
Meetings, compromises
After HR 1 was introduced, several associations were invited
to small meetings with House Leadership, as well as staff
from the three main committees contributing to the overall
legislation. Construction and engineering groups, such as the
Distribution Contractors Association and Plastics Pipe Institute,
were asked for their support and to share their outreach
activities with House leaders along the way.
At the time this article was written, House leaders planned
to bring the measure up for a floor vote in late March. While
hundreds of amendments were expected, rules applying to
the bill prior to debate were expected to provide a reasonable
amendment process.
Most infrastructure experts agree, especially those in the
energy sector, that permit reform remains the biggest hurdle
to getting important projects off the ground. For example, the
entire energy industry - from natural gas and oil to renewables
- needs consistency in NEPA application across the board in
order to develop, construct and operate long-term projects.
Enforcement of NEPA, which was enacted in 1970, has
evolved in a way that many believe has empowered opponents
of infrastructure projects to an unreasonable extent. At the
same time, any appearance of trying to reduce the public's ability
to object to project permits is almost certain to spur objections
and even rage from a large segment of the environmental
community, including environmental justice advocates.
" This destructive energy bill does not offer real solutions
to high energy costs and would lock us into decades of dirty,
volatile fossil fuels, perpetuate the climate crisis, and cut out
communities from the process, " according to the League of
Conservation Voters.
While it's true that many of the provisions included in HR
1 don't stand a chance of passing in the Democrat-controlled
Senate, it's also true that the need to expedite the permitting
process for all infrastructure projects (including renewable
energy) is getting a lot more attention on both sides of the
political aisle.
Whether replacing antiquated gas distribution infrastructure
with contemporary polyethylene piping, deploying
broadband across America, refurbishing dilapidated water
and sewer systems, hardening the electric grid or initiating solar,
wind or other renewable projects, we need to update the
permitting process.
While a lot of work remains to be done to provide meaningful,
long-term reforms, the fact that this is increasingly embraced
by Democrats in Congress is a very welcomed change,
and enactment of HR 1 would take significant steps in the
right direction. UI
WYMAN ASSOCIATES offers
strategic consulting with its clients and
direct advocacy before the United States
Congress and executive branch agencies. Working with several allies
in Washington and around the country, provides clients a constant
voice in the national debate.
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Underground Infrastructure - April 2023

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