The Last-Minute Changes to the Senate Permitting Deal, Explained

Key Points:

• Senators released a reworked "manager’s amendment" version of the Bipartisan Affordability and American Jobs Act, aiming to address concerns from environmentalists, tribes, and utilities while preserving key transmission provisions.
• The amendment strengthens federal siting authority for transmission lines, modifies mandates on vertically integrated utilities (mainly in the Southeast), and allows transmission developers more flexibility with cost allocation and permitting processes.
• Changes address environmental and tribal opposition by clarifying permit revocation rules, extending the baseline for "disparate treatment" lawsuits, and removing controversial National Historic Preservation Act reforms, though some tribal groups remain opposed.
• The bill introduces a new federal Data Center Community Assistance Program to provide local communities with technical expertise on data center impacts and closes a loophole related to behind-the-meter natural gas plants at data centers.
• Despite these adjustments, key environmental and tribal groups continue to oppose the bill, and it remains uncertain whether the changes will be enough to secure final Senate approval.