H.R.3928 - Improving Water Quality Certifications and American Energy Infrastructure Act (119th Congress)
Summary
H.R.3928, the "Improving Water Quality Certifications and American Energy Infrastructure Act," aims to amend the Federal Water Pollution Control Act concerning water quality certifications. The bill seeks to modify Section 401 of the Act, particularly focusing on the requirements and processes for granting or denying water quality certifications.
Key changes include specifying that certification decisions must be based only on sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act. It also mandates states and the EPA to publish certification requirements and provide written justifications for decisions.
Overall, the bill intends to streamline the certification process and clarify the criteria used in water quality assessments related to energy infrastructure projects.
Expected Effects
The likely effect of H.R.3928 is a more standardized and potentially faster process for water quality certifications. This could lead to quicker approvals for energy infrastructure projects.
However, it might also narrow the scope of considerations during certification, potentially limiting the ability to address broader environmental concerns beyond the specified sections of the Clean Water Act.
States may need to update their certification processes to comply with the new requirements, which could involve administrative costs and adjustments.
Potential Benefits
- Streamlined Certification Process: The bill aims to expedite the approval of energy infrastructure projects by clarifying and standardizing the water quality certification process.
- Increased Regulatory Certainty: By specifying the sections of the Federal Water Pollution Control Act that apply to certification decisions, the bill provides greater clarity for project developers and regulators.
- Focus on Key Water Quality Standards: The emphasis on sections 301, 302, 303, 306, and 307 ensures that core water quality standards are prioritized during certification.
- Enhanced Transparency: The requirement for written justifications for certification decisions promotes transparency and accountability in the regulatory process.
- Potential for Economic Growth: Faster project approvals could stimulate economic growth by facilitating the development of energy infrastructure.
Potential Disadvantages
- Narrowed Scope of Review: Limiting certification decisions to specific sections of the Clean Water Act may prevent consideration of other relevant environmental factors.
- Potential for Reduced Environmental Protection: By focusing narrowly on specific sections, the bill might weaken overall environmental protection by excluding other water quality considerations.
- Increased Administrative Burden on States: States may face increased administrative burdens in updating their certification processes to comply with the new requirements.
- Risk of Litigation: The changes could lead to litigation from environmental groups concerned about the potential for weakened environmental protections.
- Unintended Consequences: The changes could have unintended consequences for water quality and ecosystem health if not carefully implemented and monitored.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8) by regulating activities that affect interstate commerce, such as water pollution. The federal government has a role in regulating navigable waters.
However, some might argue that the bill infringes upon states' rights to manage their own water resources, potentially raising Tenth Amendment concerns. The balance between federal oversight and state autonomy is a recurring theme in environmental legislation.
Overall, the bill's constitutionality likely hinges on whether the changes are viewed as reasonable regulations under the Commerce Clause and whether they unduly infringe upon state sovereignty.
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).