H.R.2289 - Proportional Reviews for Broadband Deployment Act (119th Congress)
Summary
H.R.2289, the Proportional Reviews for Broadband Deployment Act, aims to expedite broadband deployment by exempting eligible facilities requests under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 from certain environmental and historical preservation reviews required by the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). The bill amends Section 6409(a)(3) of the aforementioned act to explicitly state that federal authorizations for eligible facilities requests should not be considered major federal actions under NEPA or undertakings under NHPA. This exemption is intended to streamline the approval process for broadband infrastructure projects.
The bill defines 'Federal authorization' broadly to include any authorization, permits, special use authorizations, certifications, opinions, or other approvals required under federal law for eligible facilities requests. This definition ensures comprehensive coverage of the exemptions.
By reducing regulatory hurdles, the bill seeks to accelerate the deployment of broadband infrastructure, potentially benefiting communities through improved internet access.
Expected Effects
The primary effect of this bill would be to accelerate the deployment of broadband infrastructure by reducing the time and cost associated with environmental and historical preservation reviews. This could lead to faster expansion of internet access, particularly in underserved areas.
However, it may also result in less thorough consideration of potential environmental and historical impacts of broadband projects. This could lead to unintended consequences for sensitive ecosystems or historical sites.
Ultimately, the bill aims to strike a balance between promoting broadband deployment and protecting environmental and historical resources.
Potential Benefits
- Faster Broadband Deployment: Streamlined approval processes can lead to quicker expansion of broadband infrastructure.
- Reduced Costs: Exempting projects from certain reviews can lower the overall cost of broadband deployment.
- Improved Internet Access: Increased broadband availability can benefit communities through enhanced access to education, healthcare, and economic opportunities.
- Economic Growth: Expanded broadband infrastructure can stimulate economic growth by supporting businesses and innovation.
- Enhanced Connectivity: The bill can improve connectivity in rural and underserved areas, bridging the digital divide.
Potential Disadvantages
- Environmental Impacts: Exempting projects from NEPA reviews could lead to negative environmental consequences, such as habitat destruction or pollution.
- Historical Preservation Concerns: Waiving NHPA requirements may result in damage to or destruction of historical sites.
- Reduced Public Input: Streamlined approval processes may limit opportunities for public input and community involvement in broadband projects.
- Potential for Inefficient Deployment: Without proper environmental and historical considerations, broadband infrastructure may be deployed in less sustainable or efficient ways.
- Unintended Consequences: The exemptions could have unforeseen impacts on sensitive ecosystems or cultural resources.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the US Constitution is complex. Congress has the power to regulate interstate commerce under Article I, Section 8, Clause 3 (the Commerce Clause), which could be used to justify federal regulation of broadband deployment. However, the bill's potential impact on environmental and historical resources could raise questions related to the Fifth Amendment's Takings Clause if private property rights are affected without just compensation.
Furthermore, the Tenth Amendment reserves powers not delegated to the federal government to the states, potentially raising concerns about federal overreach into areas traditionally regulated at the state or local level. The balance between promoting broadband deployment and protecting environmental and historical resources is a key consideration in assessing the bill's constitutional validity.
While the Commerce Clause provides a basis for federal action, the Fifth and Tenth Amendments suggest the need for careful consideration of potential impacts on property rights and state authority.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).