S.866 - Accelerating Broadband Permits Act (119th Congress)
Summary
S.866, the Accelerating Broadband Permits Act, aims to expedite the processing of communications use applications by requiring executive agencies to track and improve their processing times. It amends Section 6409(b)(3) of the Middle Class Tax Relief and Job Creation Act of 2012 and Section 41001(6)(A) of the FAST Act. The bill mandates agencies to analyze delay factors, take corrective actions, and report annually to relevant congressional committees.
Additionally, it sets a minimum broadband project cost threshold that triggers NEPA review, specifically for projects involving infrastructure construction and likely requiring over $5,000,000 in investment. This aims to streamline broadband deployment by improving permit processing efficiency and focusing environmental reviews on larger projects.
Ultimately, the bill seeks to accelerate broadband deployment by reducing bureaucratic delays and ensuring that larger projects undergo appropriate environmental review.
Expected Effects
The bill will likely lead to faster approval times for broadband infrastructure projects. This could result in quicker deployment of broadband services, especially in underserved areas. It may also lead to more efficient use of government resources by focusing attention on larger projects with potentially greater environmental impact.
Potential Benefits
- Faster broadband deployment, potentially bridging the digital divide.
- Increased efficiency in government permit processing.
- Enhanced transparency through annual reporting to Congress.
- Focus of environmental reviews on larger, more impactful projects.
- Potential for economic growth due to improved connectivity.
Potential Disadvantages
- Potential for overlooking environmental impacts of smaller projects if focus shifts solely to larger ones.
- Increased burden on executive agencies to implement tracking and reporting requirements.
- Risk of agencies prioritizing speed over thoroughness in application review.
- Possible unintended consequences from altering NEPA review thresholds.
- The $5,000,000 threshold might exclude smaller, but still impactful, community-based projects.
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) by facilitating interstate commerce through improved broadband infrastructure. It also aligns with the Necessary and Proper Clause (Article I, Section 8, Clause 18) as it enacts measures to execute the powers vested in the government to regulate commerce. The reporting requirements to congressional committees support legislative oversight, a fundamental aspect of the separation of powers.
However, the bill's impact on environmental regulations could potentially raise concerns related to the Tenth Amendment, if it unduly infringes upon states' rights to manage their own environmental affairs. This would depend on how the NEPA modifications are implemented and interpreted.
Overall, the bill seems constitutionally sound, contingent on its implementation respecting the balance of power between the federal government and the states.
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).