Nov. 4, 2026 | Andy Barnes & Nadia Gallimore
On Sep. 30, a bipartisan group of Senators unveiled the Bipartisan American Affordability and Jobs Act (BAAJA), a comprehensive permitting reform bill to streamline federal permitting for major energy projects. What’s in the bill and what’s next for it in the lame duck session?
A brief overview is provided below. CEBN has prepared a more detailed memo on the bill’s provisions and political landscape exclusively for our Executive Circle members. Not a member yet? Join the Executive Circle today to receive premium access to the permitting reform memo and other detailed policy updates, invitation-only events, and curated assistance with your business’s or organization’s goals.
Overview of the Bipartisan American Affordability and Jobs Act:
The Bipartisan American Affordability and Jobs Act (BAAJA) attempts to streamline federal permitting of major energy infrastructure projects, from transmission to pipelines to all forms of power generation. Negotiations were led by leadership of the Senate Energy and Natural Resources and Environment and Public Works Committees: Senators Lee (R-UT), Whitehouse (D-RI), Capito (R-WV), and Heinrich (D-NM). The Senate is expected to begin consideration of the bill on November 9th, where it has enjoyed strong bipartisan support, but the Democratic sweep in the midterms may impact its prospects in both chambers. BAAJA is the closest Congress has come in recent years to a bipartisan permitting reform agreement. CEBN’s parent organization, the Business Council for Sustainable Energy, released a statement commending the bipartisan process and urging Congress to pass permitting reform this year.
What’s in the Bill:
The legislation includes provisions to ensure project certainty, streamline environmental reviews, reduce judicial review timelines, enhance federal interstate transmission authority, and narrow the scope of environmental laws. It also attempts to ease permitting hurdles for specific technologies, including transmission, geothermal, hydropower, virtual power plants, advanced grid technologies, and reconductoring. BAAJA would shift backstop authority on interstate transmission firmly to the Federal Energy Regulatory Commission (FERC). It would also require data centers to pay a higher share of costs associated with grid build out to ensure customers do not face rising rates. CEBN’s Executive Circle memo provides further breakdown of technology-specific provisions and the political outlook.
Below are additional resources unpacking the comprehensive, 400+ page bill.
