Senate advances permitting reform bill 73-25, setting up a final vote this month
The Senate voted 73-25 on Nov. 9 to move forward with the Bipartisan American Affordability and Jobs Act, which would shorten federal environmental reviews for energy infrastructure and the time allowed to sue over new projects. A final Senate vote is expected later this month, and the House is the harder test.
The procedural vote needed 60 ayes. Sen. Mike Rounds of South Dakota was the only Republican to vote no, The Hill reported, and the motion opens floor debate and amendments. Sen. Catherine Cortez Masto of Nevada backed the motion but said she will oppose final passage if the bill's Title III stays in, citing objections from tribes in her state. On Nov. 8, President Trump said he would sign it, ENR reported. On Monday he also said he would not approve wind turbines, even though the bill is meant to give wind and other energy projects more certainty.
The bill came out of a September deal between the White House and the leaders of the Senate environment and energy committees: Shelley Moore Capito, Sheldon Whitehouse, Mike Lee and Martin Heinrich. Besides shorter NEPA timelines and a shorter window for lawsuits, it would make data center developers pay for the power their facilities use and would limit future administrations' ability to revoke permits already granted, according to ENR and The Hill. The Associated General Contractors of America, the American Council of Engineering Companies and the Laborers' International Union back it. Tribal, environmental and historic preservation groups oppose it.
The House is the bigger obstacle. Some Democrats have said they will vote no, and some want to wait until the new Congress meets in January, when their party will have more leverage, ENR reported. It is also unclear whether lawmakers who lost re-election will come back for the lame-duck session. Steve Hall of the American Council of Engineering Companies told ENR there is no guarantee the bill moves before January.
Earlier: Senate holds its first vote on the permitting overhaul builders have pushed for years
Why it matters: Shorter NEPA reviews and a narrower lawsuit window would mostly change how quickly transmission and other energy projects reach bid. If the House waits until January, expect the text to change before anything becomes law.
Sources
- Permitting Reform Inches Closer to Passage with Senate VoteENR, Nov 9
- Senate advances bipartisan permitting reform bill, teeing up passageThe Hill, Nov 9