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New CGEP Analysis: Senate Permitting Bill Could Reshape How America Builds Energy Infrastructure

Permitting Reform
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Permitting Reform Energy Policy

New CGEP Analysis: Senate Permitting Bill Could Reshape How America Builds Energy Infrastructure

The Center on Global Energy Policy (CGEP) at Columbia University SIPA today released a white paper analysing the United States Senate’s proposed Bipartisan American Affordability and Jobs Act of 2026 (BAAJA), which the authors call the most comprehensive effort in years to reform federal energy infrastructure permitting.

The legislation comes as concerns mount over utility bills and increased demand on the grid from data centers and manufacturing, vulnerabilities in critical minerals supply chains, and growing threats to grid resilience from extreme weather events like storms and wildfires.

The analysis finds that the bill’s broad-based reforms would make it meaningfully faster and more predictable to build energy infrastructure of all kinds, with significant potential benefits for energy costs, security, and reliability. It finds BAAJA’s technology-neutral reforms are also likely to facilitate clean energy deployment and emissions reductions relative to business as usual, though the extent of that reduction is highly uncertain. It cautions, however, that ultimate outcomes will depend on implementation of the final legislation, financing, supply chains, and market conditions. The new analysis can be found here. 

“BAAJA is fundamentally a speed-and-certainty bill. It changes how quickly energy infrastructure gets approved and built, and takes an ‘all of the above’ approach to removing barriers for projects of all kinds. But it also hinges on bipartisan compromises, and as we look at the real challenges of energy affordability, security, grid resilience, and environmental protection, there are a lot of valid questions about what its impacts might be,” said Robin Millican, Director of Research Programs and Strategic Partnerships at CGEP and a lead author of the new analysis. “We hope that this new analysis from CGEP helps inform the public’s understanding of this bill as policymakers continue their negotiations in the coming weeks.”

Key findings from the analysis show that:

  • Projects could get approved faster, and permits would be harder to challenge. BAAJA would shorten reviews and limit some lawsuits, shifting the balance toward project developers and reducing opportunities to delay projects before construction.
  • The biggest potential benefits are for the electric grid. New transmission lines would be easier to build, helping regions share power during extreme weather, improve reliability, and connect new energy sources to the grid.
  • Lower energy bills are possible, but not guaranteed. More energy supply and better connected grids could reduce costs over time, but consumers may bear construction costs before savings materialize. The outcome will depend on how reforms are implemented and how costs are allocated.
  • The bill’s “all of the above” reforms are likely to produce a net reduction in emissions relative to business as usual, although the extent of that reduction is highly uncertain. Additional US oil and gas supply largely displaces production elsewhere, while the effect of additional gas in the electricity sector depends on whether it displaces coal or clean sources. Yet without reforms like those in BAAJA, the rapid buildout of clean energy infrastructure needed to drive emissions down sharply will continue to face barriers. Permitting reform does not replace the need for ambitious federal climate policies but can pave the way for lower cost implementation.
  • Some provisions could be strengthened to prevent unintended outcomes that are unlikely but possible. The bill’s permitting certainty provisions could be modified to be clear that protecting approved projects does not exempt them from pollution and safety rules, to distinguish improper denials from reasonable changes in policy, and to ensure that financial penalties for improperly blocking projects are proportionate to the actual harm. These changes could preserve greater certainty for developers without unnecessarily limiting accountability.

The analysis was written by CGEP scholars Robin Millican, Jack Andreasen Cavanaugh, Noah Kaufman, Vivek Shastry, Tom Moerenhout, Ira Joseph, and Lily Bermel. It follows CGEP’s release of an interactive platform that examines the potential impact of BAAJA, and is part of the Center’s ongoing efforts to analyze fast-moving permitting reform policies in the United States. 

If you have any questions about the analysis, please email [email protected].

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