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🚨 WE HAVE A PERMITTING DEAL🚨 And it is easily the best permitting bill we've ever gotten! - The Bipartisan American Affordability and Jobs Act is HUGE (400+ pages) and both sides got a LOT. - The bill is much bigger and better than either Manchin post-IRA in 2022 or Manchin-Barrasso in 2024. Once I finish reading the text I'll publish an explainer. For now, here are a few high level takeaways. 1. Transmission: The bill is absolutely HUGE for transmission, going further than Manchin-Barrasso. Includes: interregional transmission, limited federal backstop authority, interconnection queue reforms, directives for advanced grid-enhancing tech, and oversight of utilities. It's absolutely AMAZING all of this got in. 2. NEPA: The bill has BIG changes to NEPA, including fixes for judicial review that underpins the law's costs. Still reading but this is even better than I expected! 3. Certainty: The bill includes strong provisions to push back on misuse of permitting, like we're seeing with the admin's abuses against offshore wind. 4. Historic Preservation: The bill includes changes to the NHPA 106 process, including changes to judicial review that will help right-size the process. 5. Clean Water: The bill fixes problems with section 401 by adding new requirements for states and makes section 404 nationwide permits easier to comply with. 6. Geothermal: The bill includes big wins for geothermal, including parity with oil and gas catexs. 7. Mining: The bill fixes the "Rosemont decision" 8. Endangered Species: The bill creates a new path for states to take on endangered species consultation. 9. Hydro: Fixes for certain hydroelectric projects 10. Ratepayer protection: The bill adds protections for ratepayers from added data centers. Looks to be stronger than the House passed bill by quite a bit.
David Watson 🥑
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Three weeks ago, and I wrote a piece for the WSJ outlining the reforms that should be in a permitting deal and the urgency of passage this Congress, especially for Dems. The Bipartisan American Affordability and Jobs Act of 2026 meets the moment.
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