What happened
President Donald Trump called on senators Sunday to pass a bipartisan permitting reform package before Democrats take over Congress following the November midterm elections. The legislation would speed approvals for pipelines, mines, and power plants and would codify what Trump described as his America First Energy Agenda.
A procedural vote on the package is set for approximately 5:30 p.m. ET on Monday, according to the Senate Democrats’ floor schedule. Because of the Senate filibuster, the bill needs at least 60 votes to advance.
The revised bill would direct the Federal Energy Regulatory Commission to create rules requiring data centers and other large computing users to pay for grid infrastructure built to serve them. It would also reduce the number of federal actions subject to National Environmental Policy Act review, set deadlines for agencies to decide on permit applications after environmental reviews, and eliminate certain Interior Department drilling permits for oil and gas wells on nonfederal land while leaving state requirements in place.
Republican West Virginia Senator Shelley Moore Capito and Republican Utah Senator Mike Lee negotiated the measure alongside Democratic Senators Martin Heinrich of New Mexico and Sheldon Whitehouse of Rhode Island. Capito chairs the Environment and Public Works Committee and said the substitute amendment preserves the foundation of the Bipartisan American Affordability and Jobs Act while making targeted changes to build support.
Republican North Dakota Senator Kevin Cramer said he would vote to advance the bill, arguing that success depends on building infrastructure to move electricity, food, and fuel to market. Whitehouse said the revised text responds to feedback and called for passage to lower costs, support the clean energy economy, and create union jobs.
House Minority Leader Hakeem Jeffries opposes the current version, arguing that House Democrats have not had enough input, according to Bloomberg. Some progressive Democrats want to wait until their party controls both chambers next year before pursuing a better deal.
Industry groups including the American Gas Association and the American Fuel & Petrochemical Manufacturers urged Congress to pass the package. The National Wildlife Federation said it cannot support the legislation in its current form, citing concerns about changes to bedrock environmental laws and the limited time available during the lame-duck session.
