The U.S. Senate voted 73-25 on November 9, 2026, to begin debate on the Bipartisan American Affordability and Jobs Act, a permitting reform bill meant to shorten timelines for clean energy and fossil fuel projects, the Associated Press and Heatmap News report.
Key points
- The 73-25 procedural vote on November 9, 2026, cleared the 60-vote threshold and opened debate; it is not final passage.
- The bill (S. 5653) was introduced on September 30, 2026, by Sens. Shelley Moore Capito, Mike Lee, Sheldon Whitehouse and Martin Heinrich.
- It sets a 150-day deadline for lawsuits under the National Environmental Policy Act, according to a section-by-section summary.
- On the day of the vote, President Trump said he would not approve wind turbines, while still backing the bill.
- The bill still needs a final Senate vote and House approval, and its backers expect amendments first.
What the permitting reform bill would change
A section-by-section summary of S. 5653 lists these provisions, among others:
| Area | Provision |
|---|---|
| Environmental reviews | Permit decisions due 90 or 120 days after a review is finished; NEPA lawsuits must be filed within 150 days |
| Power lines | Federal (FERC) backstop permitting for interstate lines of at least 230 kV; fines of up to $5 million per facility in limited local transmission planning cases |
| Project approvals | Limits on agencies interfering with federal authorizations in effect on or after September 16, 2026; a right to sue over a pattern of unequal treatment of an energy type, such as wind or solar |
| Wildlife | $150 million a year in fiscal years 2027–2031 for Endangered Species Act consultations and state participation |
The bill would also make data centers pay for the energy they use and, according to Sen. Whitehouse, end federal payments to companies abandoning offshore wind projects, the AP reports. The administration has spent nearly $4 billion on such settlements, the AP says. Utility Dive reports that the bill would remove the federal right of first refusal that lets incumbent utilities build new regional lines.
How the Senate vote split
Sen. Mike Rounds of South Dakota was the only Republican to vote no, and 24 Democrats and independents, including Bernie Sanders, also opposed the motion, The Hill reports. Sen. Chris Van Hollen of Maryland voted no, in part over the administration’s opposition to offshore wind, according to the AP.
Trump urged senators to back the bill in a social media post on November 8. On November 9, he said at the White House he would not approve wind turbines and that “the bill hasn’t been fully negotiated,” the AP and Politico report. Sen. Angus King of Maine said the remark undermined his confidence in the administration’s good faith, Politico reports.
Supporters include the American Clean Power Association, the American Petroleum Institute and the Edison Electric Institute, according to the AP and The Hill.
Why it matters
As of February 2026, U.S. developers planned 86 GW of new utility-scale generating capacity for 2026, a record if realized, including 43.4 GW of solar, 24 GW of battery storage and 11.8 GW of wind, according to the U.S. Energy Information Administration. How quickly such projects and the power lines they need get federal permits affects when they come online. See our guide to wind energy pros and cons.
For households, the Rhodium Group projects average annual electricity bills $50 to $78 lower in 2040 under the bill, and a Brattle Group estimate cited by Sen. Heinrich says data centers would pay $35 billion more for energy infrastructure over a decade than under current law, Latitude Media reports.
Other perspectives
- Environmental groups. The Natural Resources Defense Council came out against the bill, saying the latest changes do not fix its concerns about challenging unlawfully issued permits, Latitude Media reports. The Sierra Club and the National Wildlife Federation oppose it over limits on judicial review and changes to the National Environmental Policy Act, according to the AP.
- House Democratic leadership. A spokesperson for Rep. Hakeem Jeffries, slated to become speaker, told Politico the bill falls short on tribal sovereignty and environmental reviews, Latitude Media reports.
- Tribal concerns in the Senate. Sen. Catherine Cortez Masto of Nevada said she will not vote for final passage if Title III stays in the bill, citing concerns from Nevada tribes, The Hill reports.
What’s next
- Senators plan an amendment process before a final vote; Sen. Whitehouse described it as “healthy,” according to Heatmap News.
- If the Senate passes the bill, the House would have to accept it or agree on changes by January 3, Jefferies analysts say, according to the Albuquerque Journal.
Sources
- Permitting section-by-section summary (S. 5653) — C2ES, October 2026
- New U.S. electric generating capacity expected to reach a record high in 2026 — U.S. Energy Information Administration, February 20, 2026
- Senate advances sweeping energy legislation in first major action since midterm elections — Associated Press, November 9, 2026
- Senate Permitting Deal Wins First Vote — Heatmap News, November 9, 2026
- Senate advances bipartisan permitting reform bill, teeing up passage — The Hill, November 9, 2026
- Senate’s bipartisan permitting bill faces crucial test — Latitude Media, November 9, 2026
- BAAJA gives federal regulators ‘bigger hammer’ to break transmission blocks — Utility Dive, October 29, 2026
- Trump says he will not approve wind permits as part of permitting bill — Politico, November 10, 2026
- Heinrich permitting bill clears Senate hurdle — Albuquerque Journal, November 10, 2026
We send one email a week. No spam. Unsubscribe anytime. See our Privacy Policy.
