New 'Build Now Act' Forces One-Year Deadline on Environmental Reviews for Key Water Projects

The “Build Now Act” is pushing the federal government to move much faster on certain water infrastructure projects, specifically those tied to the Central Valley Project (CVP). This bill establishes a hard, one-year deadline for completing environmental reviews required for federal permits for CVP “enhancement projects.” These projects are things like groundwater recharge and aquifer storage—the kind of work needed to shore up California’s long-term water supply. Essentially, if you’re trying to build a new water storage facility, the government has 365 days to finish the required environmental paperwork and analysis.

The One-Year Clock: Speed vs. Scrutiny

This one-year deadline, outlined in Section 2, is the core of the bill. It’s designed to cut through the notorious bureaucratic lag that often stalls major infrastructure projects for years. For developers and water districts, this is a huge win for predictability; they know they won’t be waiting indefinitely for the required environmental reviews under laws like the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The goal is clearly to accelerate critical water improvements needed to manage drought and supply.

The 'Deny or Extend' Dilemma

Here’s where things get interesting, and potentially risky. If the agency conducting the environmental review—say, the Fish and Wildlife Service—can't hit that one-year mark, the agency issuing the final permit must do one of two things: either grant an extension, but only if the applicant agrees to it, or deny the permit outright. This binary choice removes the agency's ability to just keep working if the review is complex or requires extensive fieldwork; they are forced to make a decision. This provision (SEC. 2, Deadline Extensions and Permit Denial) is a major pressure point. It speeds up the process, but it also puts significant pressure on agencies to either rush complex assessments or deny permits that might otherwise be approved after more thorough review. For the public, this raises a flag: are we trading speed for proper environmental due diligence?

The Reapplication Loophole

If a permit is denied solely because the one-year review deadline was missed, the applicant isn't out of luck. They can reapply immediately. Furthermore, the agency that conducted the original, incomplete review must hand over all the information they gathered to help the applicant speed up the process the second time around. This is a practical measure intended to prevent the applicant from having to start from zero. It ensures that the time and money spent on the first review aren't completely wasted, offering a clear path forward even if the federal agency falls short of its mandated timeline.