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Capitol to Capitol | Feb. 21, 2023

February 21, 2023

NCSL Events

NCSL Comments on Proposed Income-Driven Repayment Regulations

NCSL calls for an extended comment period to ensure meaningful and timely input by state and local elected officials as they contemplate the broader implications of the proposed rule, which addresses federal student loan debt. The comments detail how the proposed rule could increase the federal role in higher education finance and governance, which NCSL’s policies state are primarily a state role.

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Congressional Updates

As Congressional Review Act Returns, 118th Congress Registers Dissatisfaction

The 118th Congress is using a little-known tool to overturn certain rules issued by federal agencies. Congress can use the Congressional Review Act at any time but does so most frequently during a change in administration and when a shift occurs in majority control. While over 200 joint resolutions of disapproval for more than 125 rules have been introduced since the CRA’s enactment in 1996, the method has been used successfully to overturn only a handful of rules. For example, the CRA was used in the 115th Congress to repeal 16 rules promulgated by the Obama administration and was used again in the 117th Congress to repeal three rules promulgated by the Trump administration. At least five joint resolutions of disapproval have been introduced in the 118th Congress, with more anticipated. For more information on the CRA and congressional action, visit NCSL’s webpage.

Administration Updates

EPA Releases Initial Guidance for $27B GHG Reduction Fund

The Environmental Protection Agency released initial guidance on the design of the Inflation Reduction Act’s $27 billion Greenhouse Gas Reduction Fund program, which will mobilize financing and leverage private capital for clean energy and climate projects that reduce greenhouse gas emissions. The federal assistance listings for the $20 billion General and Low-Income Assistance Competition and the $7 billion Zero-Emissions Technology Fund Competition are the first steps to implementing a federal grant program. The EPA expects to open competitions for funding under the Greenhouse Gas Reduction Fund by summer 2023.

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DOT Issues Standards and Implementation Plans for EV Infrastructure

The Federal Highway Administration issued a final rule establishing minimum standards and requirements not only for projects funded under the National Electric Vehicle Infrastructure (NEVI) Formula Program, but also for any electric vehicle charging infrastructure project funded with federal dollars. The standards and requirements apply to several areas of EV charging infrastructure, including installation, operation and maintenance; network connectivity; and mapping and accessibility.

The Infrastructure Investment and Jobs Act established the $5 billion NEVI program to provide funding to states to deploy EV charging infrastructure and establish an interconnected network to facilitate data collection, access and reliability. To receive funding, entities were required to develop and submit plans describing how they intended to use their apportioned NEVI investments. All 50 states, D.C. and Puerto Rico had their plans approved ahead of schedule and have access to all fiscal year 2022 and 2023 NEVI formula funding.

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The Congressional Budget Office Provides New Default Estimates

The Congressional Budget Office released its first estimate for 2023 on when the federal government will hit its borrowing limit: sometime between July and September. The timing overlaps two historically busy times for Congress: the July push before the August recess and the September appropriations dash to finalize fiscal year budgets. The CBO release also provides analysis of the so-called extraordinary measures the Treasury Department may undertake as the agency responds to the approach of the limit. The CBO report can be found here.

 

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