By Kim Riley

Proposed bipartisan legislation to modernize permitting technology across the federal government and reduce processing time for National Environmental Policy Act (NEPA) reviews cleared the U.S. House of Representatives on Dec. 9 and now heads to the U.S. Senate for action.

Specifically, the House-approved ePermit Act, H.R. 4503, introduced in July by U.S. Reps. Dusty Johnson (R-SD) and Scott Peters (D-CA), would establish requirements related to digitizing environmental reviews conducted under NEPA.

“It has become harder and harder to get any big project done in America,” said Johnson. “The same road project that can get approved in Germany in six months takes six years in America … [which] is full of innovators, creators, and builders.

“It’s time we let them build again, fueling economic growth and unlocking domestic energy production,” he added. “I’m grateful the ePermit Act passed the House, and I hope the Senate acts soon so this can be the law of the land.”

The current permitting process has failed to ensure project permitting is on-time and on-task. Oftentimes, the root causes of delays in the environmental review process have little to do with questions about environmental protection and a lot to do with failure to embrace modern technology and move on from legacy bureaucratic approaches, like paper forms, according to the lawmakers.

If enacted, the ePermit Act would address the root causes by establishing a framework for agencies to implement a digital permitting system and unified portal.

Under H.R. 4503, the Council on Environmental Quality (CEQ) would be required to develop, publish, and iteratively update data standards for the collection and curation of certain data related to environmental reviews. The CEQ must also design, test, and build prototype tools for environmental reviews.

Additionally, the CEQ must publish guidance to assist relevant agencies in implementing such standards as well as certain minimum functional requirements, such as data sharing that enables automated transfer of relevant data among federal agencies. Federal agencies responsible for environmental reviews or authorizations must implement the data standards and such minimum functional requirements, according to the bill’s summary.

To the maximum extent practicable, the CEQ and such agencies must develop and maintain a unified interagency data system consisting of interconnected federal agency systems and shared services for environmental reviews and authorizations, including a common interactive, digital, cloud-based authorization portal.

Within a year, the CEQ must oversee a pilot of shared services for environmental reviews and authorizations, including the portal, and to the maximum extent practicable, must also develop and implement the unified interagency data system by Dec. 1, 2027.

“Passing this bill out of the House represents a major breakthrough in our effort to finally modernize an outdated permitting system,” said Peters. “Today’s progress is a clear sign that Congress can still come together to solve real problems; let’s build on this momentum, digitize the permitting process, cut needless delays, and get this bill across the finish line.”

CEQ Chairman Katherine Scarlett agreed, saying that a modernized environmental review and permitting process will enable the United States to meet critical infrastructure needs, secure affordable and reliable energy, and fuel economic growth.

“The administration welcomes congressional action to leverage technology to accelerate and simplify the permitting process across the federal government,” Scarlett said.

Several groups also applauded House passage of the bill, with ClearPath Action CEO Jeremy Harrell noting that technology and transparency are key pieces of meaningful permitting reform.

The “House vote reiterates bipartisan support for streamlining reviews in a way that balances speed and safety,” he said. “We look forward to the Senate taking up the ePermit Act this Congress.”

The National Association of Home Builders (NAHB) also urged swift Senate passage of the ePermit Act.

“Permitting roadblocks delay housing projects and raise construction costs,” said Buddy Hughes, chairman of NAHB. “The ePermit Act will bring clarity, efficiency, and certainty to the permitting process by requiring the use of electronic permitting platforms.”

Chris Barnard, president of the American Conservation Coalition Action, also acknowledged that the current permitting process remains a major barrier to deploying the projects needed to secure America’s energy and environmental future.

“By embracing today’s technology, we can modernize the permitting system and accelerate project approvals through greater efficiency and transparency,” Barnard said.

Likewise, the American Council of Engineering Companies said it supports passage of H.R. 4503, pointing out that that proposed bill would update how federal agencies use technology to facilitate more efficient and timely federal permitting decisions.

“If passed, the bill will help to cut red tape by enhancing transparency, improving stakeholder engagement, and facilitating efficient interagency collaboration,” the council said in a statement.