Multi-Industry Letter Regarding Permit Streamlining in H.R. 4377, the "Responsibly And Professionally Invigorating Development (RAPID) Act of 2012"

The Honorable Lamar Smith
Chairman
Committee on the Judiciary
U.S. House of Representatives
Washington, DC 20515

The Honorable John Conyers
Ranking Member
Committee on the Judiciary
U.S. House of Representatives
Washington, DC 20515

Dear Chairman Smith and Ranking Member Conyers:

The undersigned groups strongly support H.R. 4377, the “Responsibly And Professionally Invigorating Development (RAPID) Act of 2012,” which would provide a streamlined process for developers to obtain environmental permits and approvals for their projects in a timely and efficient manner, allowing jobs to be created and the economy to grow. We urge the Committee to report this important bipartisan legislation to the full House for consideration as soon as possible.

Every year that major projects are stalled or cancelled because of a dysfunctional permitting process and a system that allows limitless challenges by opponents of development, millions of jobs are not created. For example, 351 stalled energy projects reviewed in one 2010 study had a total economic value of over $1 trillion and represented 1.9 American jobs not created.

The Responsibly And Professionally Invigorating Development Act of 2012 would improve the environmental review and permitting process by:

• Coordinating responsibilities among multiple agencies involved in environmental reviews to ensure that “the trains run on time”;
• Providing for concurrent reviews by agencies, rather than serial reviews;
• Allowing state-level environmental reviews to be used where the state has done a competent job, thereby avoiding needless duplication of state work by federal reviewers;
• Requiring that agencies involve themselves in the process early and comment early, avoiding eleventh-hour objections that can restart the entire review timetable;
• Establishing a reasonable process for determining the scope of project alternatives, so that the environmental review does not devolve into an endless quest to evaluate infeasible alternatives;
• Consolidating the process into a single Environmental Impact Statement (EIS) and single Environmental Assessment (EA) for a project, except as otherwise provided by law;
• Imposing reasonable fixed deadlines for completion of an EIS or EA; and
• Reducing the statute of limitations to challenge a final EIS or EA from six years to 180 days.

The RAPID Act is a practical, industry-wide approach that builds on successful provisions for environmental review management found in Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) and Section 1609 of the American Recovery and Reinvestment Act. The RAPID Act also embodies the procedural improvements to the environmental review process repeatedly called for by the Obama
administration.

The RAPID Act addresses the problem far too many shovel-ready projects face today: lengthy project delays from endless environmental reviews and challenges result in lost opportunities to create jobs and grow the economy. Every year of delay results in millions of jobs not created. The creation of millions of jobs is worth ensuring that our government works faster and more efficiently.

The undersigned groups strongly support H.R. 4377, and urge the Committee on the Judiciary to report this bill to the full House for consideration. We look forward to working with you to move this legislation forward.

Sincerely,

60 Plus Association
Airlines for America
Aluminum Association
American Chemistry Council
American Concrete Pressure Pipe Association
American Council of Engineering Companies
American Council of Engineering Companies of California
American Foundry Society
American Highway Users Alliance
American Home Furnishings Alliance
American Iron and Steel Institute
American Petroleum Institute
American Rental Association
American Resort Development Association
American Road & Transportation Builders Association
Associated Builders and Contractors, Inc.
Associated Builders and Contractors, Rocky Mountain Chapter
Associated General Contractors of America
Associated General Contractors of Michigan
Associated General Contractors of Minnesota
Associated General Contractors of St. Louis
Can Manufacturers Institute
Construction Industry Round Table
Corn Refiners Association
Council for Citizens Against Government Waste
Edison Electric Institute
Flexible Packaging Association
Indiana Manufacturers Association
Industrial Energy Consumers of America
Industrial Minerals Association – North America
Industrial Supply Association
Marine Retailers Association of the Americas
Massachusetts Aggregate & Asphalt Pavement Association
Metals Service Center Institute
Motor & Equipment Manufacturers Association
National Association of Home Builders
National Association of Manufacturers
National Association of Wholesaler-Distributors
National Black Chamber of Commerce®
National Electrical Manufacturers Association
National Federation of Independent Business
National Marine Distributors Association
National Mining Association
National Ready Mixed Concrete Association
National Stone, Sand & Gravel Association
Nebraska Petroleum Marketers & Convenience Store Association
Non-Ferrous Founders’ Society
North American Equipment Dealers Association
Ohio Contractors Association
Pacific-West Fastener Association
Petroleum Marketers Association of America
Portland Cement Association
Precision Machined Products Association
Printing Industries of America
Retail Industry Leaders Association
SC Timber Producers Association
Small Business & Entrepreneurship Council
Textile Rental Services Association
The Connecticut Marine Trades Association
The Fertilizer Institute
The FPDA Motion & Control Network
U.S. Chamber of Commerce
Utility & Transportation Contractors Association of New Jersey
Wisconsin Grocers Association
Wisconsin Manufacturers & Commerce
Wyoming Lodging and Restaurant Association
Wyoming Travel Industry Coalition

cc: Members of the House Committee on the Judiciary