HB2030, titled the Maintaining Cooperative Permitting Act of 2025, would lock in federal approval of certain state-administered Clean Water Act Section 404 dredge-and-fill permit programs and prevent the Environmental Protection Agency from withdrawing those approvals unless Congress later authorizes it. The bill specifically covers the approved programs in Michigan, New Jersey, and Florida, and it also preserves Florida’s programmatic biological opinion and incidental take statement tied to that assumption of permitting authority.
The bill also creates a 90-day transition period for Florida, during which both the U.S. Army Corps of Engineers and the State of Florida could issue permits for covered activities in Florida’s navigable waters. In addition, it directs EPA to approve comparable state programs if they are found similar to the listed programs, and requires the Army Corps to suspend federal permitting once a state begins administering an approved comparable program. Finally, it amends Section 404(h) to clarify that approval of a state permit program is not to be treated as a rule or regulation.
Impact
HB2030 would amend the Federal Water Pollution Control Act, commonly known as the Clean Water Act, by constraining EPA’s ability to revoke state assumption of Section 404 permitting authority and by clarifying the legal status of state program approvals. It would reinforce state control over dredged-and-fill permitting in the listed states, especially Florida, while limiting federal backtracking absent new congressional action. The bill would also affect the Army Corps of Engineers’ permitting role by requiring suspension of federal permits when a state comparable program is approved and operational.
Sentiment
No committee transcript or vote record is available, so there is no documented floor or committee debate to gauge broad sentiment. Based on the bill text and caption, the measure appears intended to support state permitting authority and preserve existing approvals, suggesting a pro-state, pro-permitting-management posture. The absence of recorded votes or discussion means public support or opposition cannot be reliably measured from the provided materials.
Contention
The main point of contention is likely the bill’s restriction on EPA oversight and its prohibition on withdrawing approved state programs without express congressional authorization. Environmental regulators or groups favoring stronger federal control may view this as limiting EPA’s ability to respond to program deficiencies, while states with approved programs and regulated industries may support the certainty and continuity it provides. The Florida-specific transition provision and the requirement to approve comparable state programs could also draw scrutiny over federalism, environmental protection, and the balance of authority between EPA, the Army Corps, and state agencies.