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HR 9855

CURRENT Act

119th Congress Introduced by Adam Gray and 1 co-sponsor

The CURRENT Act standardizes and speeds up Section 401 water quality certifications by imposing firm 90-day decision timelines and a 1-year total limit, with written grounds and ex

Introduced in House
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Bill Summary · HR 9855

Summary of bill: H.R. 9855 (CURRENT Act)

  • Short title: Certainty and Uniform Reviews for Reliable Energy and Transmission Act (CURRENT Act)

  • Purpose: To reform the permitting and certification process under the Federal Water Pollution Control Act (Clean Water Act) to accelerate and standardize how certifications under Section 401 are issued, with an emphasis on timely decisions, written determinations, and clearer conformity with federal water quality requirements. The bill aims to reduce delays in energy, transmission, and related infrastructure projects by tightening timelines and clarifying review standards.

  • Primary sponsor and context: Introduced in the 119th Congress on July 22, 2026, by Rep. Gray (with Rep. Rouzer as a co-sponsor). Referred to the Committee on Transportation and Infrastructure.

Key provisions and changes

  • Section 401 amendments (major core changes)

    • Standard for certification timing and process:
    • The bill requires states, interstate agencies, and the EPA Administrator to publish, within 30 days of enactment, requirements for certification demonstrating compliance with sections 301, 302, 303, 306, and 307 of the Clean Water Act.
    • Decisions to grant or deny certification must be based solely on compliance with those sections, with written grounds provided to applicants.
    • A certification decision must be issued within 90 days of receiving a complete request, with the administering body able to grant, grant with conditions, deny, or waive certification. The “one year” maximum review period is imposed for the entire certification decision process, and the period cannot be tolled or extended (except that the agency may extend at the applicant’s request).
    • Receipt date for purposes of measurement is the date the request is received, regardless of completeness; the one-year limit is absolute and cannot be extended by typical administrative steps (unless the applicant requests an extension).
    • If the Administrator determines that a discharge will not affect waters of another state, notification of the request for certification may be waived.
    • Changes to information and timing requirements:
    • For certification requests, the state/agency must provide a written determination with specified materials and identify any missing information within 90 days if the request is incomplete (to complete the request).
    • Revisions to subsection (a)(2) and (a)(3) terminology:
    • Minor wording changes to ensure alignment with “discharge” and “applicable provisions” rather than generic “activity” and broader references.
    • Certification content and enforceability:
    • Certifications must specify effluent limits and monitoring requirements necessary to ensure compliance with specified sections.
    • Conditions imposed on licenses or permits remain enforceable by the issuing licensing or permitting agency (not by separate enforcement mechanisms).
    • Hydroelectric projects are exempt from certain flow-related conditions in certification.
    • Applicability scope (section (e)):
    • Defines the “applicable provisions” to include standards and prohibitions under sections 301, 302, 303, 306, and 307 (water quality and related standards).
    • Requests for certification (section (f)):
    • Prescribes required information for complete certification requests, including identification of applicants, discharge locations, monitoring means, and other required authorizations from other authorities.
    • For general licenses or permits, requires categories of activities, description of the proposed general instrument, and an estimate of anticipated discharges.

  • Judicial review (Section on expedited review)

    • Expedited review for certain certification actions:
    • Applies to challenges involving certifying actions related to electric transmission, energy facilities, or carbon dioxide pipelines, including actions under the Federal Energy Regulatory Commission (FERC).
    • Jurisdiction: Civil actions may be heard in a U.S. Court of Appeals (specific circuit where applicant is located, the state in question, or the D.C. Circuit), with original and exclusive jurisdiction in the court of appeals.
    • Expedited timeline: Courts must set expedited review and issue a final decision within 120 days of filing (extendable by up to 60 days under extraordinary circumstances).
    • Standard of review: A denial of certification must be overturned unless the certifying entity shows, by clear and convincing evidence, that no reasonable condition could ensure compliance with applicable provisions.

  • General and procedural notes

    • The bill emphasizes making certification decisions more predictable and time-bound.
    • It tightens the relationship between state/agency certification decisions and the compliance with specific Clean Water Act provisions.
    • Hydroelectric projects are expressly exempt from certain flow-related certification conditions.

Who or what would be affected

  • Federal agencies involved in water quality certifications under Section 401 (e.g., EPA, state water quality agencies, and interstate compacts/organizations with certification authority).
  • Applicants for federal licenses and permits under the Federal Water Pollution Control Act that would require Section 401 certifications (including energy, transmission, pipelines, and related energy infrastructure projects).
  • State and interstate agencies that issue or process Section 401 certifications.
  • Courts of appeals where expedited judicial review of certification decisions would be heard for qualifying projects (electric transmission, energy facilities, pipelines, etc.).

Procedural and timeline considerations

  • Tightened: Certification decisions must progress toward a decision within a maximum of one year from receipt, with explicit firm deadlines and non-tolling rules.
  • Written grounds: Certification decisions must be based on compliance with specified sections, with written justifications provided to applicants.
  • Expedited review: Eligible certification actions face accelerated judicial review with a 120-day decision deadline (potentially extended by 60 days for extraordinary circumstances).
  • Public and intergovernmental engagement: The act requires upfront publication of certification requirements by 30 days after enactment, establishing a standardized baseline for all certifying authorities.

Note: This summary focuses on substantive changes to Section 401 and the associated process, timelines, and enforcement implications proposed by the CURRENT Act. It does not reflect passage status or potential amendments that may occur during legislative consideration.

Compiled from official sources — confirm details with the bill’s official record.

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