Rep. Calvert Introduces the REBUILD Act, Bill Would Cut Red Tape from Environmental Approval Processes for Infrastructure Projects

Today Rep. Ken Calvert (R-CA) introduced the Reducing Environmental Barriers to Unified Infrastructure and Land Development (REBUILD) Act of 2011. The legislation builds upon the success of the NEPA Pilot Program, enacted as part of SAFETEA-LU bill, which was signed into law in August 2005.

SAFETEA-LU created a pilot program (Section 327 -Title 23 USC) that allowed a limited number of states to take on the task of ensuring National Environmental Policy Act (NEPA) compliance for highway projects under the Federal Highway Administration (FHWA). In those states that chose to assume this responsibility, the length of time to complete a project review was reduced by an average of 17 months while also ensuring the goals of the NEPA process were not compromised.

Rep. Calvert's bill allows any state to enter into a Memorandum of Understanding with a designated federal official, who has environmental review responsibilities under NEPA, and assume the review responsibilities of that official or the Secretary of Transportation, the Administrator of the Environmental Protection Agency and the Secretary of the Interior.

"The State of California has an environmental review process for infrastructure projects that is more stringent than the federal government's," said Rep. Calvert. "It makes no sense to require infrastructure projects to undergo both California Environmental Quality Act (CEQA) and the National Environmental Policy Act reviews. This bill would allow states that enter into an agreement with the federal government to take responsibility for the environmental review process and streamline state and federal environmental reviews."

Regular audits of state NEPA programs required by this legislation would ensure states are upholding NEPA standards. Should a state be found in noncompliance, a mechanism is provided to initiate corrective action and, if necessary, revoke the state's NEPA responsibilities. Although the state would still be required to uphold the same NEPA standards or greater, by assuming these responsibilities states could integrate NEPA compliance into their own state approval process thereby streamlining construction timelines and eliminating the need for redundant reviews at the federal level.

"The United States is in critical need of increased infrastructure development to promote commerce and create jobs," stated Rep. Calvert. "This bill would remove bureaucratic red tape by allowing states to streamline the environmental review processes for critical infrastructure projects, without compromising environmental protections. If given this opportunity, I believe states will seize upon the opportunity to improve infrastructure, create jobs and protect the environment."