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S5653119th CongressWALLET

Bipartisan American Affordability and Jobs Act of 2026

Sponsored By: Senator Capito, Shelley Moore [R-WV]

Introduced

Summary

This bill would streamline federal environmental review and speed permitting timelines while building a unified digital ePermit system to share data across agencies. It would shorten review deadlines, change judicial review rules, and protect many non‑Federal project approvals.

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  • Project sponsors and developers: Reviews would be faster with Environmental Assessments targeted for completion within 1 year and Environmental Impact Statements within 2 years. The bill also limits some challenges and preserves authorizations for many non‑Federal projects subject to narrow exceptions.
  • Federal agencies and permitting staff: Agencies would adopt CEQ data standards, build an ePermit portal, and publish implementation plans. The bill authorizes $5 million per year for the ePermit and a Permitting Improvement Fund of $20 million per year (2027–2033) to boost agency performance.
  • States, Tribes, and conservation programs: The measure creates State assumption paths for Endangered Species Act consultations and funds State participation, including $150 million per year for ESA Section 7 work, and it authorizes major grants for coastal and historic preservation.

*Would increase federal spending by creating multiple new funding authorizations for permitting, endangered species, coastal, and historic programs, adding ongoing appropriations pressures.*

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Bill Overview

Analyzed Economic Effects

15 provisions identified: 7 benefits, 0 costs, 8 mixed.

Faster project reviews and legal rules

If enacted, the bill would tighten NEPA and permitting schedules and agency coordination. A lead agency would have fixed windows to invite cooperating agencies and set schedules. EAs would generally finish in 1 year and EISs in 2 years. The bill would also change judicial-review timing and create dispute-resolution powers for the CEQ Chair. Applicants could sue for patterns of disparate treatment and seek large monetary awards in some cases; agencies and some permits would also get stronger protections against revocation with court-ordered remedies.

Transmission and grid planning reforms

If enacted, the bill would require regional transmission planning that looks 20 years ahead and would update at least every two years. FERC would set new interconnection and queue rules and require faster sharing of grid data, generally within 15 days of a request. The bill expands categorical exclusions for many reconductoring and grid upgrades, changes how covered large computational loads (20 MW or more) pay for transmission, allows States to set special rates for covered loads, and removes a federal right of first refusal for some transmission projects.

Coastal State conservation grant fund

If enacted, the bill would require the National Fish and Wildlife Foundation to set up a Coastal State Fund and would authorize $50 million per year for fiscal years 2028–2032. Each year, 70% of available funds would be split equally among coastal States, 15% based on tidal shoreline, and 15% by coastal-county population density. No State could receive more than 5% of total funds; excess would be reallocated equally.

New federal digital permitting system

If enacted, the bill would require the Council on Environmental Quality to publish data standards within 60 days and guidance within 120 days to build a shared interagency permitting portal called ePermit. Agencies would compare systems in 90 days and begin implementing standards within 180 days. The bill would authorize $5 million per year to develop the system and authorize a Permitting Improvement Fund of $20 million per year for FY2027–FY2033 to help agencies hire staff, train project managers, and improve permitting processes.

More market access and local permits

The bill would require Transmission Organizations to let qualifying behind‑the‑meter aggregations join wholesale energy, capacity, and ancillary markets, effective 18 months after enactment. Each organization must file compliant rules within 180 days. The bill would ban exclusionary practices and double compensation; knowing double payments could bring penalties up to three times the amount per day. The bill would also create a voluntary program to streamline local permits for certain distributed energy systems, such as batteries (2 kWh+) and EV chargers (2 kW+).

New small water‑energy licenses

This bill would create a new licensing path for very small hydrokinetic projects that do not impound water and are 5 megawatts or less. Licenses could run 10 to 20 years. Applicants would normally file within 1 year after a notice of intent and the Commission would act within 1 year after the application. The Commission would write regulations within 180 days and report on impacts by the earlier of 5 years after enactment or after 50 projects have run for a year.

Offshore power routes and permits

The bill would direct Interior and Energy to identify preferred offshore routes for power cables within 2 years and to review needs at least every 3 years. Interior would coordinate federal reviews and set a final rule within 2 years for gathering information and issuing rights‑of‑way. Cable permits on those routes would last as long as the rights‑of‑way.

State referrals for local transmission

The bill would let one or more States ask FERC to investigate a utility's local transmission planning. FERC would set procedures within a year and could include up to three State appointees on an investigative team. Remedies could require process changes, reduce a utility's return on equity, remove a prudence presumption, or impose fines up to $5 million per qualifying facility when imprudence caused customer harm during a defined window.

Changes to endangered species rules

If enacted, the bill would authorize $150 million per year for fiscal years 2027–2031 to support Section 7 of the Endangered Species Act and State participation. It would require agencies to accept qualifying State-collected data in listing decisions. The bill would also shorten certain consultation deadlines (for example, replacing some 90-day periods with 60-day periods) and set a 150-day window to seek court review of a Section 7(b) opinion.

More historic preservation funding and rules

If enacted, the bill would authorize $200 million per year for the Historic Preservation Fund for fiscal years 2027–2036. It would also authorize $20 million per year for 2027–2030 for Tribal Historic Preservation Officer database grants. Deposits to the Fund in 2027 and later would be available to spend in 2028 and later without further annual appropriation. The bill would change how Federal, State, and Tribal reviews are done, add program audits, and let programmatic agreements limit who may sue over implementation.

Quicker water permits and court rules

If enacted, the bill would speed Clean Water Act Section 401 certification and related permit rules. Certifiers would acknowledge receipt in 3 days, give completeness notices in 90 days, and final action would generally be capped at 1 year (9 months for certain interstate transmission). The bill would extend general NPDES and Section 404 permit terms to 10 years and set 150‑day filing deadlines for many challenges. Courts generally could not vacate permits absent imminent and substantial danger, and challengers must have submitted detailed public comments during required comment periods.

Faster geothermal leasing and permits

If enacted, the bill would create a geothermal ombudsman and task force within 60 days and require annual geothermal lease sales. It would set permit-review timelines: drilling‑permit completeness notices within 30 days and permit decisions within 30 days or 10 days after required steps are finished. The bill would allow a categorical exclusion for small geothermal test projects and change royalty timing to the 10 years after a facility's in‑service date. It would also allow the Secretary to require reimbursements for certain processing, inspection, and monitoring costs through September 30, 2033.

FERC regional planning and tech rules

The bill would require FERC to make regions and neighboring regions plan transmission together and file plans within 2 years. FERC would set cost allocation and treat projects chosen in approved plans as meeting certain permit criteria. The bill would also require utilities to use advanced transmission technologies when benefit‑cost tests exceed 1, with a presumption of prudence for cost recovery and penalties (including reduced return on equity) for non‑deployment; FERC must issue rules within one year.

New hardrock mining fees and leases

If enacted, the bill would require holders of each covered mill site to pay a $400 annual claim‑maintenance fee per site, due September 1, with receipts deposited in a new Abandoned Hardrock Mine Fund. Up to 5% of deposits could pay Fund administration. The bill would also let operators include more mill sites (up to 5 acres each) in approved plans and expand leasing of certain hardrock minerals on acquired lands.

New pay plans for power agencies

If enacted, each Federal power marketing agency Administrator would have to develop a compensation plan within one year and implement it within one year after development. Plans would cover salaries, bonuses, benefits, and incentives, be based on annual compensation surveys, fit approved budgets, and be reviewed and published annually. Agencies would also report quarterly on high‑salary employees.

Sponsors & CoSponsors

Sponsor

Capito, Shelley Moore [R-WV]

WV • R

Cosponsors

  • Sen. Lee, Mike [R-UT]

    UT • R

    Sponsored 9/30/2026

  • Sen. Whitehouse, Sheldon [D-RI]

    RI • D

    Sponsored 9/30/2026

  • Sen. Heinrich, Martin [D-NM]

    NM • D

    Sponsored 9/30/2026

Roll Call Votes

No roll call votes available for this bill.

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