H.R. 7023 - Nationwide Permitting Improvement Act [Creating Confidence in Clean Water Permitting Act]

Bill Text

    Rules Committee Print 118-25 PDF XML

    Showing the text of H.R. 7023, as ordered reported by the Committee on Transportation and Infrastructure

    Text of H.R. 7023 PDF XML

    (as reported)

    H. Rept. 118-375 PDF

    Report from the Committee on Transportation and Infrastructure to accompany H.R. 7023

Rule Information

COMMITTEE ACTION:
REPORTED BY A RECORD VOTE of 8-4 on Tuesday, March 19, 2024.

FLOOR ACTION ON H. RES. 1085:
Agreed to by a record vote of 214-200, after agreeing to the previous question by a record vote of 207-192, on Wednesday, March 20, 2024.

MANAGERS: Reschenthaler/Scanlon

1.

Closed rule for H.R. 1023.

2.

Waives all points of order against consideration of the bill.

3.

Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-26 shall be considered as adopted and the bill, as amended, shall be considered as read.

4.

Waives all points of order against provisions in the bill, as amended.

5.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce or their respective designees.

6.

Provides one motion to recommit.

7.

Closed rule for H.R. 1121.

8.

Waives all points of order against consideration of the bill.

9.

Provides that the bill shall be considered as read.

10.

Waives all points of order against provisions in the bill.

11.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources or their respective designees.

12.

Provides one motion to recommit.

13.

Closed rule for H.R. 6009.

14.

Waives all points of order against consideration of the bill.

15.

Provides that the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill shall be considered as adopted, and the bill, as amended, shall be considered as read.

16.

Waives all points of order against provisions in the bill, as amended.

17.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources or their respective designees.

18.

Provides one motion to recommit.

19.

Closed rule for H. Con. Res. 86.

20.

Waives all points of order against consideration of the concurrent resolution.

21.

Provides that the concurrent resolution shall be considered as read.

22.

Waives all points of order against provisions in the concurrent resolution.

23.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means or their respective designees.

24.

Closed rule for H. Res. 987.

25.

Provides that upon adoption of this resolution it shall be in order without intervention of any point of order to consider H. Res. 987.

26.

Provides that the resolution shall be considered as read.

27.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce or their respective designees.

28.

Structured rule for H.R. 7023.

29.

Waives all points of order against consideration of the bill.

30.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure or their respective designees.

31.

Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 118-25 shall be considered as adopted and the bill, as amended, shall be considered as read.

32.

Waives all points of order against provisions in the bill, as amended.

33.

Makes in order only those amendments printed in the Rules Committee report. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

34.

Waives all points of order against the amendments printed in the Rules Committee report.

35.

Provides one motion to recommit.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 1Rose (TN)RepublicanRequires a report from the Environmental Protection Agency to Congress on the number of additional homes expected to be built in the U.S. during the 10 year period following enactment of H.R. 7023 as a result of the implementation of H.R. 7023.Made in Order
2Version 1Scholten (MI)DemocratRequires the Secretary to prohibit implementation of this bill until it is shown that this bill will not result in discharges that may have adverse effects on the health of children or infants.Submitted
3Version 1Williams (GA), Porter (CA)DemocratAmends the Federal Water Pollution Control Act to require a certain percentage of funds it receives for capitalization of its clean water state revolving fund for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities.Submitted
4Version 1Ryan (NY)DemocratRequires the EPA Administrator to issue a determination before the bill can take effect that its provisions will not result in an increase in the discharge of pollutants, including an increase in the discharge of forever chemicals/PFAS and nutrients associated with algae growth and blooms.Submitted
5Version 1Lee (PA)DemocratStrikes the limitation of considerations of the effects of discharges and adds requirements for environmental mitigationSubmitted
6Version 2Garamendi (CA), Graves (LA), Swalwell (CA)Bi-PartisanRevised Inserts Rep. Garamendi’s bipartisan H.R.1181 to allow USEPA and states with delegated authority under the Clean Water Act to issue National Pollutant Discharge Elimination System (NPDES) permits for public works (e.g., wastewater treatment or water recycling/reuse plants owned/operated by local governments) for up to 10 years from the current maximum of 5-year permit terms. This amendment would not affect Clean Water Act permitting for non-publicly owned projects like industrial polluters, which have 5-year NPDES permit terms under current law.Made in Order
7Version 2Bergman (MI), James (MI), Moolenaar (MI), McClain (MI), Huizenga (MI)RepublicanRevised Clarifies that no part of the act affects the existing ban on oil and gas drilling in the Great Lakes.Made in Order
8Version 1Pappas (NH)DemocratRequires any person who discharges a pollutant pursuant to a Clean Water Act permit to monitor and report discharges of emerging contaminants. Authorizes $20 million annually over five years for grants to publicly owned treatment works to carry out monitoring and reporting activities.Submitted
9Version 1Pappas (NH)DemocratStrikes Section 4 (Confidence in Clean Water Permits) and replaces it with language reaffirming that the 1994 EPA Policy Statement on Scope of Discharge Authorization and Shield Associated with NPDES Permits already provides publicly owned treatment works with legal protections under Clean Water Act Section 402(k) for the discharge of any pollutant, including those not specifically listed in the permit provided they are covered by the scope of operations and waste streams identified in the permit application.Submitted
10Version 1Graves (LA), Perry (PA)RepublicanLimits the authorization for certain linear infrastructure projects if federal expenses turn out to exceed their predicted cost.Made in Order
11Version 1Gottheimer (NJ)DemocratDirects the Army Corps, Department of Education, and Environmental Protection Agency to create a public, national database on the results from the most recent state testing of lead in school drinking water.Submitted
12Version 1Gottheimer (NJ)DemocratProhibits funding for Congestion Pricing Programs Until Environmental Impact Studies are ConductedSubmitted
13Version 1Houlahan (PA), Garbarino (NY), Valadao (CA), Lawler (NY)Bi-PartisanLate Requires a report from EPA and the Army Corps of Engineers on the staffing needs for processing and issuing permits under the Federal Water Pollution Control Act and the impact additional funding for full-time employees would have on processing timelines for permits.Made in Order
14Version 1Porter (CA)DemocratLate Provides that nothing in the underlying bill can go into effect until the Administrator of the EPA, in consultation with the Commissioner of the Bureau of Reclamation, determines that nothing in the Act will cause an increase in pollutant discharge in the Colorado River Basin which provides clean drinking water to Colorado River Basin states and tribal communities in the Western United States.Submitted
15Version 1Porter (CA)DemocratLate Provides that nothing in this bill will take effect until the Administrator of the EPA determines that this bill will not increase the discharge of pollutants in waters that are Federally held on behalf of a Tribe.Submitted
16Version 1Porter (CA)DemocratLate Requires the Administrator of the EPA and Secretary of the Army to submit a report to Congress on any disparate harms to tribal communities that may be made in this bill. This includes harm to human health, environmental quality, and local economies.Submitted
17Version 1Moolenaar (MI)RepublicanLate Prohibits permits from being issued for any discharge from a source that is owned or operated by companies - or the subsidiaries of said companies - that are under the jurisdiction of China, Iran, North Korea, or Russia.Made in Order
18Version 1James (MI)RepublicanLate Ensures nothing in this act, including amendments, should affect the EPA's ability to research PFAS chemicals.Made in Order
19Version 1Gluesenkamp Perez (WA)DemocratLate Requires the Secretary to prohibit implementation of this bill until it is shown that this bill will not result in discharges that may have adverse effects on shellfish aquaculture and coastal fisheries.Submitted
20Version 1Graves (LA)RepublicanLate Requires BOEM to hold additional offshore lease sales in the Western and Central regions of the Gulf of Mexico and the Cook Inlet Planning Area of Alaska.Submitted
21Version 2Jackson Lee (TX)DemocratLate Revised Requires the Administrator of the EPA and Secretary of the Army to submit a report to Congress on any disparate impacts on minority and disadvantaged communities, and communities previously or currently designated as having cancer clusters, including impacts to human health, environmental quality, and local economies.Revised
22Version 1Bean (FL), Franklin (FL), Dunn (FL), Mast (FL), Rutherford (FL), Donalds (FL), Webster (FL), Steube (FL), Cammack (FL)RepublicanLate Codifies Florida's Clean Water Act Section 404 Program and the Programmatic Biological Opinion with Incidental Take Statement, as referenced in 85 Federal Register 83,553 (December 22, 2020).Made in Order
23Version 1Issa (CA)RepublicanLate This amendment would provide PFAS CERCLA exemptions for passive receivers, such as water agencies, farmers and ranchers, waste management facilities, and entities required by regulation to have fire suppression systems, including airports.Submitted

Committee Votes

Rules Committee Record Vote No. 207

Motion by Mr. McGovern to amend the rule to make in order amendment #19 to H.R. 7023, offered by Representative Gluesenkamp Perez, which prohibits implementation of this bill until it is shown that it will not result in discharges that have adverse effects on shellfish aquacultures and coastal fisheries. Defeated: 3–8

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
No Vote
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
No Vote
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 208

Motion by Ms. Scanlon to amend the rule to make in order amendments #2 and #4 to H.R. 7023, offered by Representatives Scholten and Ryan, respectively. Amendment #2 prohibits implementation of this bill until it is shown that it will not result in discharges that may have adverse effects on the health of children or infants; amendment #4 requires a determination before the bill can take effect that its provisions will not result in an increase in the discharge of pollutants. Defeated: 3–8

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
No Vote
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
No Vote
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 210

Motion by Ms. Leger Fernández to amend the rule to make in order amendment #14 to H.R. 7023, offered by Representative Porter, which provides that the bill cannot take effect until it’s determined that nothing in the Act will cause an increase in pollutants in the Colorado River Basin which provides clean drinking water to Colorado River Basin states and tribal communities in the Western United States. Defeated: 4–8

Majority Member
Vote
Mr. Burgess
Nay
Mr. Reschenthaler
Nay
Mrs. Fischbach
Nay
Mr. Massie
Nay
Mr. Norman
Nay
Mr. Roy
Nay
Mrs. Houchin
Nay
Mr. Langworthy
Nay
Mr. Cole, Chairman
No Vote
Minority Member
Vote
Mr. McGovern
Yea
Ms. Scanlon
Yea
Mr. Neguse
Yea
Ms. Leger Fernández
Yea
Rules Committee Record Vote No. 211

Motion by Mr. Reschenthaler to report the rule. Adopted: 8-4

Majority Member
Vote
Mr. Burgess
Yea
Mr. Reschenthaler
Yea
Mrs. Fischbach
Yea
Mr. Massie
Yea
Mr. Norman
Yea
Mr. Roy
Yea
Mrs. Houchin
Yea
Mr. Langworthy
Yea
Mr. Cole, Chairman
No Vote
Minority Member
Vote
Mr. McGovern
Nay
Ms. Scanlon
Nay
Mr. Neguse
Nay
Ms. Leger Fernández
Nay