Public gas utilities understand the need for infrastructure, as many can only access supply from one transmission pipeline. For this reason, APGA is engaging in the ongoing discussions on permitting reform. The Permit America to Build coalition, which APGA joined in March, sent letters to members of the United States Congress encouraging action. One communication was on the Building United States Infrastructure through Limited Delays and Efficient Reviews (BUILDER) Act of 2023. Aspects of this bill were included in House passed legislation HR 1, The Lower Energy Costs Act and HR 2811, Limit, Save, Grow Act of 2023, so the Senate now needs to consider if the BUILDER Act provisions are worthy of passing. The elements worth noting are help in addressing delays by setting helpful timelines for agency environmental reviews under the National Environmental Policy Act (NEPA) and more importantly define the timeframe during which project-level judicial review can be filed. Also, clarification would be provided for when and at what level an agency should conduct an environmental review. In addition, there is specification to the process for interagency coordination, as well as the duties of each level of government in the process.
Then, a more general letter on the need for permit reform was signed by APGA and several stakeholders. It detailed that they are all united on the following principles, so use these as a starting point, as well as consider what has passed the House and other past efforts:
• Predictability: Project developers and financers must have an appropriate level of certainty regarding the scope and timeline for project reviews, including any related judicial review.
• Efficiency: Interagency coordination must be improved to optimize public and private resources while driving better environmental and community outcomes.
• Transparency: Project sponsors and the public must have visibility into the project permitting milestones and schedule through an easily accessible public means.
• Stakeholder Input: All relevant stakeholders must be adequately informed and have the opportunity to provide input within a reasonable and consistent timeframe.
View the BUILDER Act letter and the Permit America to Build Coalition letter here.
Hopefully, through the efforts of APGA and this coalition, reforms can occur, ensuring access to the needed supply for America’s public gas utilities.
For questions on this article, please contact Stuart Saulters of APGA staff by phone at 202-544-1334 or by email at ssaulters@apga.org.