Senate Advances Bipartisan Energy Permitting Reform Bill

The U.S. Senate voted 73-25 on Monday to advance the Bipartisan American Affordability and Jobs Act, a bipartisan bill aimed at overhauling the federal permitting process for energy and infrastructure projects. The vote invokes cloture, limiting debate and sending the nearly 500-page bill toward a final vote.

Key negotiators and support

The key negotiators are Sens. Shelley Moore Capito (R-WV), Mike Lee (R-UT), Sheldon Whitehouse (D-RI), and Martin Heinrich (D-NM). They needed 60 votes to move the bill forward and exceeded that goal, with 22 Democrats voting in favor. Only one Republican, Sen. Mike Rounds (R-SD), voted against.

The legislation has the support of dozens of clean energy and manufacturing associations, more than 300 solar and storage companies, oil companies, utility firms, some climate change groups, and lawmakers across the aisle. President Donald Trump supports the bill, calling it a "BIG WIN for U.S. ENERGY INDEPENDENCE AND DOMINANCE."

What the bill would do

The bill would reform the National Environmental Policy Act, the Clean Water Act, the National Historic Preservation Act, and the Endangered Species Act. It would shorten the window for lawsuits challenging environmental reviews for new projects and include measures to accelerate the build-out of transmission infrastructure.

The bill would force artificial intelligence companies and data center developers to pay their own way for power and grid enhancements. It would also create a new data center community assistance program within the Department of Energy.

An updated version of the bill, released over the weekend as a manager’s amendment, includes "clarifying, conforming, and technical edits." These changes include extending the window for objections to certain environmental reviews, giving states a pathway to ask federal regulators to investigate local utility projects, preserving collective bargaining agreements for employees at power marketing administrations, and requiring more consultation with tribes.

Opposition and concerns

Environmental groups and tribal organizations remain largely opposed. The Sierra Club, the League of Conservation Voters, and The Wilderness Society redoubled their criticisms and pressed lawmakers not to rush to pass the bill. National Tribal and Preservation Associations also remain largely opposed to BAAJA.

U.S. Sen. Ben Ray Luján (D-N.M.) voted against advancing the bill, saying he shares concerns expressed by tribal leaders and environmentalists. "After spending the last month listening to these concerns, I cannot support advancing the bill in its current form," he said.

Nevada Sen. Catherine Cortez Masto said she would support the procedural measure but would vote against final passage if tribal issues are not addressed. "If Title III stays in this bill, I will not vote for final passage," she said.

The Western Environmental Law Center said the Senate and House should wait to consider the bill until January, when a new Democratic majority would have a "constructive conversation" about build out renewable energy infrastructure.

Why it matters

If passed, the bill would be a major overhaul of permitting for federal projects, including highways, pipelines, and power lines. It would still require approval by the House of Representatives if it passes the Senate. Advocates say at least 15 to 20 Democrats are needed to back the bill in order to whip votes in the House.

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Sources

• washingtonexaminer.com: Major bill to cut red tape for energy projects clears Senate hurdle
• sourcenm.com: US Senate advances New Mexico US Sen. Heinrich’s controversial permit reform bill • Source New Mexico
• newsfromthestates.com: Permitting overhaul advances in US Senate with tepid bipartisan support | News From The States
• 95wxtk.iheart.com: Senate Advances Bipartisan Permitting Reform Bill | Newsradio 95 WXTK
• foodandwaterwatch.org: Senate Votes to Advance Terrible Energy Permitting Bill | Food & Water Watch
• cnbc.com: Senate advances bill to speed infrastructure projects

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.