CURRENT Act
Sponsored By: Representative Gray, Adam [D-CA-13]
Introduced
Summary
Would impose strict, uniform time limits and narrower review rules for Clean Water Act Section 401 water quality certifications to speed energy and transmission projects. It would limit what states can consider and require clearer, written decisions and deadlines.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
No flow rules for hydro projects
If enacted, the bill would bar Section 401 certifications from adding any condition about how much water flows, when it flows, or how fast it flows for hydroelectric projects. The prohibition would apply to conditions on quantity, timing, or rate of flow and would take effect on enactment.
Fast appeals for energy and FERC permits
If enacted, the bill would create a fast, exclusive appeals path in courts of appeals for certain energy, transmission, and FERC-related certification disputes. Suits would be filed in specified circuits or the D.C. Circuit. Courts would have to decide within 120 days, with one 60‑day extension allowed for rare cases. Courts would vacate denials that lack clear and convincing proof that no reasonable condition could meet the law.
Faster, fixed timelines for water permits
If enacted, the bill would force faster decisions on Clean Water Act Section 401 certifications. States and EPA would publish their certification rules within 30 days of enactment. Within 90 days of receiving a request, agencies would have to list any missing materials. Agencies would have one year from receipt to grant, condition, deny, or waive certification, unless the applicant asks to extend that deadline.
Higher bar for denying certifications
If enacted, the bill would limit why a State or agency could deny or condition a Section 401 certification. Denials or conditions would have to be tied only to a short list of federal water-quality provisions. The certifying authority would need to show by clear and convincing evidence that no reasonable condition could make the discharge comply, or that any condition is the least burdensome option. Agencies would also have to give written reasons to the applicant.
Final approvals and limited enforcement
If enacted, the bill would make Section 401 certifications final. Agencies could not reopen, change, or withdraw a certification unless the applicant asks or a court orders it. Enforcement of certification conditions would be limited to the federal licensing or permitting agency that set them. Other parties could not enforce those conditions under this section.
Sponsors & CoSponsors
Sponsor
Gray, Adam [D-CA-13]
CA • D
Cosponsors
Rep. Rouzer, David [R-NC-7]
NC • R
Sponsored 7/22/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov