POLITICO: Bipartisan caucus unveils big permitting framework

A bipartisan House caucus released a sweeping permitting package Thursday, recycling some well-worn ideas to ease the federal process for massive infrastructure projects like pipelines and transmission lines.

Led by the caucus’ energy working group heads, Reps. Scott Peters (D-Calif.) and Gabe Evans (R-Colo.), the framework outlines a plan to set deadlines, reduce litigation and accelerate reviews for projects.

“It’s a big step to have our caucus, which is a pretty significant number of Republicans and Democrats, sign on to a pretty detailed set of policy principles,” Peters said, adding that for seven months he and Evans have been working together.

For years, permitting discussions have inched forward, but bipartisan legislation has failed. While Republicans have long wanted to rework environmental laws for projects of all kinds, including pipelines, Democrats see transmission lines as the key to unleashing more clean energy. Now, some old players — and many new ones — say they want to move legislation by the end of the year.

On the framework the Problem Solvers Caucus released Thursday, Peters said: “We mined past bills. We talked to industry. We talked to people with various roles to play and what they wanted to see changed. So we incorporated a lot of that and made a new list.”

Evans, a freshman from a heavy “all of the above” energy district, said he connected with Peters when he joined Problem Solvers, a roughly 90-member caucus that bills itself as a centrist group looking to address policy areas like immigration, health care and energy. And Evans insisted GOP leaders want to advance major permitting legislation.

“I think everybody understands on both sides of the aisle. … It’s not a matter of luxury. China is nipping at our heels, and unfortunately, they are ahead of us in some of these areas,” Evans said.

“If we don’t build it here, if we drive it out of the United States through bureaucracy, it’s going to get built. It’s just the Chinese are going to build it, and they’re going to build it with 10 times the carbon footprint and slave labor that we use.”

What's ahead

Late last year, a permitting deal pushed by then-Sen. Joe Manchin (I-W.Va.) and others collapsed. It broadly would have traded power line buildout for considerable changes to the National Environmental Policy Act and litigation limits.

Several lawmakers insisted they were within striking distance of a deal, but several House Energy and Commerce Republicans were opposed to the transmission provisions.

Now, Energy and Commerce Chair Brett Guthrie (R-Ky.) says he’s open to working on transmission language, though he had not reviewed the new Problem Solvers framework Wednesday.

“Permitting reform is a top priority,” he said in an interview. “It’s something I hope we can do bipartisan. … I’d like to see it bigger than just one Democrat to vote on the committee or two. I’d like to see if we can come together and do a big bipartisan bill.”

In fact, the Kentucky Republican has appeared to try to depoliticize the effort. He spoke at the recent “Abundance Con,” an event to showcase a growing movement that seeks to cut red tape and promote entrepreneurship.

At the event, Guthrie spoke on a panel with Peters, where he emphasized his interest in working across the aisle.

"I’ve tried to do it on the committee — no one could tell if it was a Republican or Democratic witness,” he said of a hearing earlier this year, noting he invited Eric Schmidt from Google to testify. “What brings us together is we want America to be successful. What are the pathways to make America successful?”

Guthrie, too, has talked about the importance of beating China in the artificial intelligence race as a key driver.

Inspiration from old bills

Specifically, the Problem Solvers' new framework borrows ideas from past bills, including the “Building Integrated Grids With Inter-Regional Energy Supply (BIG WIRES) Act,” an effort from Peters and Sen. John Hickenlooper (D-Colo.); last year’s "Energy Permitting Reform Act," from Manchin and Sen. John Barrasso (R-Wyo.); and the "Fix Our Forest Act," from Natural Resources Chair Bruce Westerman (R-Ark.).

The proposal contains several specifics for "linear infrastructure:" amend the Clean Water Act Section 401 certifications so states cannot block projects beyond water quality concerns, cut down on duplicative NEPA reviews in energy corridors, expand those corridors to include carbon dioxide pipelines, amend the process for designating “high-impact” transmission lines and make exceptions for projects in wildfire areas.

Notably, the framework would reduce the statute of limitations for lawsuits to one year or less, and put 150-day limits for national priority projects. It would also address a federal court ruling on mine tailings.

Elsewhere in the House, Westerman has a bipartisan plan to overhaul NEPA. Many Democrats say it goes too far but he's willing to make changes.

In the Senate, Environment and Public Works heads Shelley Moore Capito (R-W.Va.) and Sheldon Whitehouse (D-R.I.) are exploring options.

The one glaring caveat is many Democrats remain incensed by the Trump administration’s attacks on clean energy — and are not keen on striking a deal until certain administrative actions are reversed.

Whitehouse said Wednesday talks were “still in the early stage” and “still shadowed by the problem of the selective enforcement, if you will, by the Trump administration.”

When asked, Peters acknowledged that reality but added “I don’t think that prevents us from working on what we’d like to see here. This framework is a big advance.”