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U.S. Sen. Shelley Moore Capito, R-W.Va., joined three Senate committee leaders Wednesday in introducing bipartisan legislation aimed at changing the federal permitting and environmental review process for energy and infrastructure projects.
The Bipartisan American Affordability and Jobs Act of 2026 was introduced by Capito, chairman of the Senate Environment and Public Works Committee; Sen. Mike Lee, R-Utah, chairman of the Senate Energy and Natural Resources Committee; Sen. Sheldon Whitehouse, D-R.I., the EPW committee’s ranking member; and Sen. Martin Heinrich, D-N.M., the ENR committee’s ranking member.
The legislation would establish that permitted energy and infrastructure projects generally retain their permits unless there are extraordinary circumstances, violations of law or a court order requiring a change.
The bill also includes provisions aimed at speeding the review and permitting of certain energy projects and addressing growing electricity demand from data centers.
One provision would require data centers to pay the costs associated with transmission infrastructure needed to serve their electricity demand, according to the senators.
Capito said the existing federal permitting system has delayed energy and infrastructure projects and contributed to challenges involving energy reliability and economic growth.
“For far too long, our broken and outdated federal environmental review and permitting processes have stood in the way of energy reliability, secure jobs, modern infrastructure and economic growth,” Capito said.
She said the bipartisan agreement would help the country build infrastructure while continuing to protect land, water and wildlife.
Lee said the legislation is intended to reduce the time and expense associated with federal permitting.
“America still has the resources and the talent, but what too often stands in the way is a permitting system that takes too long and costs too much,” Lee said.
Whitehouse said the bill is intended to increase energy development while reducing energy costs and expanding clean energy resources.
“The American people want lower energy bills, and they want more clean energy,” Whitehouse said.
Heinrich said the legislation comes as electricity demand increases and the country faces a need for additional generation and transmission infrastructure.
The bill would seek to accelerate decisions on energy projects while maintaining environmental safeguards and the ability of tribes to participate in formal consultation, he said.
Heinrich also highlighted the provision requiring data centers to cover the transmission upgrades associated with their electricity needs.
“As data centers drive demand for more power, it will ensure they pay their fair share of the grid upgrades they require — not leave that bill to American families,” Heinrich said.
The senators said the legislation resulted from negotiations among lawmakers from both parties and input from stakeholders.
The measure now faces consideration in Congress. Capito said she intends to work with Senate and House lawmakers and the Trump administration to advance the legislation.