Building Chips in America Act of 2023
What changed between versions
The NEPA exemption now requires that the covered activity commenced not later than December 31, 2024 (previously just 'before the date assistance is provided'), and the non-loan federal funding threshold is lowered from less than 15 percent to not more than 10 percent of total project cost.
A new 'Additional categorical exclusions' paragraph is added, treating as categorically excluded from environmental assessment and impact statement requirements: (A) section 9902 projects on sites with substantially similar construction not more than doubling existing developed acreage, (B) DoD facility creation, expansion, or modernization under section 9903, and (C) activities under section 9906.
The NEPA exemption is narrowed to only section 9902 projects that satisfy requirements under subsection (a)(2)(C)(i). The previous broad coverage of DoD facilities and section 9906 activities under the NEPA exemption is removed from that provision.
The Commerce Department's first right to serve as NEPA lead agency is narrowed. Previously it applied to any covered activity that was a major federal action under NEPA; now it only applies when Commerce is 'authorized or required by law to issue an authorization or take action' for the covered activity.
The entire NEPA assignment provision (former subsection g) is deleted. This had allowed states to assume federal NEPA review responsibilities through a written agreement with the Secretary, including audit requirements, termination procedures, and state participation criteria.
The judicial review provision (former subsection h) is deleted, which had imposed a 150-day statute of limitations on claims challenging federal financial assistance or NEPA authorizations for covered activities.
The bill's structure is reorganized: instead of adding all provisions as new subsections to section 9909, the NEPA exemption is now inserted as a new subsection (h) within section 9902 itself, while lead agency and categorical exclusion provisions remain in section 9909.
