To exempt Federal actions related to the construction of infill housing from the requirements of the National Environmental Policy Act of 1969, and for other purposes.
- Bill Number
- H.R. 5085
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Emergency Management
- Status
- Introduced
- Latest Action
- 2025-09-03: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
- Last Updated
- 2026-01-21T09:05:26Z
AI-Generated Summary
Purpose
This bill (H.R. 5085) aims to streamline federal involvement in building "infill housing"—new or renovated residential homes on underused urban land—by exempting related federal actions from environmental reviews under the National Environmental Policy Act (NEPA) of 1969. NEPA requires federal agencies to assess potential environmental impacts before approving major projects, often through environmental impact statements (EIS) or assessments (EA). The bill also updates the frequency of national hazard risk assessments to better inform disaster planning.
Key Provisions
- Exemption from NEPA (Section 1): Federal agency actions tied to "infill housing activities" are not classified as "major federal actions" under NEPA. This means no full environmental reviews are required for these projects.
- Infill Housing Definition: Residential housing on sites that are:
- Vacant or underused, previously developed for urban purposes (e.g., homes, businesses, or transit facilities).
- No larger than 20 acres.
- At least 75% of the site's perimeter borders urban-developed land, or 75% of the area within a quarter-mile is urban-developed.
- Assessed for environmental hazards via a Phase I Environmental Site Assessment (a standard initial check for contamination risks under federal regulations). If risks are found, a Phase II assessment (more detailed testing per industry standard ASTM E1903-19) is required, and any contamination must be cleaned up to standards under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, a law addressing hazardous waste sites).
- Not in areas at very high or high risk for wildfires, coastal flooding, or riverine (river-related) flooding, based on FEMA's National Risk Index.
- Infill Housing Activities: Includes buying/selling land for such housing, demolishing non-historic buildings, constructing/rehabilitating homes, or converting non-residential buildings into residences.
- Hazard Risk Updates (Section 2): Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (a key law for federal disaster aid) to require FEMA to update its National Risk Index every 3 years, instead of every 5 years. This index maps risks from natural hazards like floods and wildfires.
Significant Changes to Existing Law
- NEPA Modification: Creates a targeted exemption for infill housing, narrowing NEPA's scope for urban redevelopment projects. Previously, any federal funding, permits, or approvals for such housing could trigger lengthy NEPA reviews.
- CERCLA and Assessment Integration: Ties housing exemptions to existing environmental cleanup standards under CERCLA, ensuring contaminated sites are addressed without full NEPA processes.
- Stafford Act Update: Accelerates FEMA's risk assessment cycle from 5 to 3 years, potentially improving the timeliness of disaster preparedness data but increasing agency workload.
Potential Impacts
- On Government Agencies: Federal bodies like the Department of Housing and Urban Development (HUD), Environmental Protection Agency (EPA), and FEMA may process infill housing projects faster, reducing administrative burdens and delays. However, agencies must still verify site assessments and hazard exclusions, and more frequent risk updates could strain FEMA resources.
- On Citizens: Could increase affordable housing options in existing urban areas by speeding up development on underused lots, helping address housing shortages without expanding into undeveloped land. Ensures sites are free of major contamination or high disaster risks, potentially improving safety for residents.
- On International Relations: Minimal direct impact, as the bill focuses on domestic urban housing and disaster planning.
Main Stakeholders Affected
- Federal and Local Governments: Agencies involved in housing funding/permits (e.g., HUD, DOT) and environmental oversight (e.g., EPA); local governments benefit from quicker urban revitalization.
- Housing Developers and Builders: Gain exemptions from NEPA reviews, enabling faster project timelines and lower costs for infill projects.
- Citizens and Communities: Urban residents and low-income groups may see more housing availability; environmental advocates could face reduced oversight on potential impacts like traffic or local pollution.
- Environmental and Disaster Groups: Organizations monitoring NEPA compliance or FEMA risks may oppose the exemptions, arguing they weaken protections, while disaster-prone communities benefit from updated hazard data.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The NEPA exemption could face challenges in court if seen as overly broad, potentially conflicting with NEPA's goal of informed decision-making. It reinforces CERCLA's role in site cleanups without altering core environmental laws, but requires strict adherence to assessment standards to qualify for exemptions.
- Constitutional Implications: None significant; the bill operates within Congress's authority over federal procedures and disaster policy, without infringing on individual rights or states' powers.
- Political Implications: Promotes urban density and housing affordability, aligning with bipartisan goals to combat homelessness and sprawl, but may spark debate over balancing development speed against environmental safeguards. The hazard update enhances FEMA's proactive role in climate adaptation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Friedman, Laura [D-CA-30]
Cosponsors (9)
Rep. Edwards, Chuck [R-NC-11], Rep. Peters, Scott H. [D-CA-50], Rep. Torres, Ritchie [D-NY-15], Rep. Harder, Josh [D-CA-9], Rep. Magaziner, Seth [D-RI-2], Rep. Davids, Sharice [D-KS-3], Rep. Auchincloss, Jake [D-MA-4], Rescom. Hernández, Pablo Jose [D-PR-At Large], Rep. Suozzi, Thomas R. [D-NY-3]
Recent Actions
- 2025-09-03: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
- 2025-09-02: Referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-09-02: Referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-09-02: Introduced in House
- 2025-09-02: Introduced in House
Bill Versions
- To exempt Federal actions related to the construction of infill housing from the requirements of the National Environmental Policy Act of 1969, and for other purposes. — issued 2025-09-02 — PDF (5 pages)