The Senate voted 73–25 on November 9 to clear a procedural hurdle for a bipartisan energy and infrastructure permitting package. The vote limited further debate on whether to take up H.R. 2347, the House bill lawmakers are using to carry the proposal. The vote did not pass the Bipartisan American Affordability and Jobs Act of 2026 or adopt the sponsors’ proposed substitute text.
The proposal would change federal reviews for energy and infrastructure projects and revise how interstate transmission is planned. Sen. Shelley Moore Capito, a West Virginia Republican and one of the sponsors, said the changes would help both fossil fuel and renewable projects move forward. The measure would also change parts of the National Environmental Policy Act, Clean Water Act and Endangered Species Act.
Section 2107 of the proposed substitute would generally assign the added retail costs of serving a covered data center to its owner or operator. The text counts costs the utility would otherwise avoid, including those for generation, storage and grid service. Before building or upgrading equipment needed to serve the site, the utility would have to obtain financial assurances or contributions. The proposal would also require cost recovery to continue if the customer ended service before the utility recovered those costs.
Supporters and opponents differ over what the permitting changes would cost communities. Sen. Martin Heinrich, a New Mexico Democrat and co-sponsor, said at a news conference, according to the Associated Press, that the revised proposal strengthens consultation with tribes on projects affecting important cultural sites. Sen. Ed Markey, a Massachusetts Democrat who voted against advancing the bill, said it would still weaken clean water protections and limit public participation and tribal rights.
The Senate is scheduled to resume consideration of the motion to proceed on November 10 at noon Eastern. The package can still change through amendments, and its passage remains uncertain. House Democratic Leader Hakeem Jeffries has criticized the proposal’s environmental protections, Reuters reported. The House would have to agree to the Senate’s changes if the Senate passes a substitute.
Editorial Opinion
The clearest test of the data center provision is who pays when a project closes early or never draws the power it requested. Lawmakers should keep the financial assurance and cost recovery provisions visible as they negotiate. Faster decisions can help build needed power lines, but the dispute between Heinrich and Markey is about which safeguards communities can actually use. The text should spell out when affected tribes and residents receive notice, how their objections are considered and what review remains available.
References
Capito, S. M., Lee, M., Whitehouse, S., & Heinrich, M. (2026, November 7). Substitute amendment to Bipartisan American Affordability and Jobs Act [Proposed amendment to H.R. 2347]. U.S. Senate.
Daly, M., & McDermott, J. (2026, November 9). Senate advances sweeping energy legislation in first major action since midterm elections. Associated Press.
Markey, E. J. (2026, November 9). Senator Markey statement on permitting reform deal [Press release]. U.S. Senate.
Senate Democratic Caucus. (2026, November 9). Schedule for Tuesday, November 10, 2026.
U.S. Senate. (2026, November 9). Roll call vote 257, 119th Congress, second session.
U.S. Senate Committee on Environment and Public Works. (2026, November 9). Senate advances Capito’s Bipartisan American Affordability and Jobs Act [Press release].
Volcovici, V., & Groom, N. (2026, November 9). US Congress gets first post-’Blue Wave’ crack at data centers with permitting bill. Reuters, via Investing.com.
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Discussion
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