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Senate could vote next week on bipartisan energy permitting bill

The Verge reports the Bipartisan American Affordability and Jobs Act, which would speed energy permits and limit some environmental reviews, may get a Senate vote as soon as next week.

The U.S. Senate could vote as early as next week on a bipartisan energy permitting bill that would shorten federal reviews and court fights over power plants, pipelines and transmission, The Verge reported Friday1.

Sens. Shelley Moore Capito, R-W.Va., Sheldon Whitehouse, D-R.I., Mike Lee, R-Utah, and Martin Heinrich, D-N.M., introduced the Bipartisan American Affordability and Jobs Act on Sept. 301. Xan Fishman of the Bipartisan Policy Center told The Verge it was a large bipartisan compromise and that the White House has been involved in talks1.

The Verge said the bill would give a lead agency 45 days to decide after a National Environmental Policy Act review and would exempt some transmission upgrades, pipeline expansions, projects with federal loans or grants, and projects that already completed a similar state review1. Anyone challenging a project under NEPA, the Clean Water Act, the Endangered Species Act or the National Historic Preservation Act would have 150 days, and courts could not stop a project for a NEPA violation, only order agencies to correct it1.

Christy Goldfuss of the Natural Resources Defense Council told The Verge in an email that data centers would not have to answer to local communities under the bill1. Earthjustice Action President Abigail Dillen said in a Thursday blog that the measure would speed gas delivery for data-center construction1.

Wood Mackenzie analyst Siddhant Warrier told The Verge the bill would not favor one technology over another but would let projects reach the grid faster1. The NRDC estimated new transmission could drop from 10-plus years to about five or six, The Verge said1.

Resources for the Future modeling cited by The Verge projected average electricity production costs could fall by as much as 7 percent by 20411. Rhodium Group estimated household bills $50 to $78 lower a year by 2040; a White House analysis in October said as much as $2511.

The bill would require "and pricing" so large users including data centers pay for both new and existing transmission, plus financial assurances and disclosure of data-center power sales, The Verge reported1. It would also bar agencies, in most cases, from canceling approved permits and would let developers sue over "disparate treatment"1.

Fishman said President Donald Trump would likely sign the bill if the current Republican-controlled Congress acts1. The Verge said Democrats strengthened by the midterms could instead delay the fight into next year1.

Sources

  1. The VergeLame-duck Congress might actually do something: speed up energy projects