U.S. Senate Committee on Environment and Public Works
11/09/2026 | Press release | Distributed by Public on 11/09/2026 18:02
Senate Advances Capito’s Bipartisan American Affordability and Jobs Act
Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, spoke on the Senate floor to highlight the urgency of passing the Bipartisan American Affordability and Jobs Act (BAAJA), legislation to reform our nation's permitting and environmental review processes and make life more affordable for American families. Following Chairman Capito's remarks, the Senate advanced BAAJA by a vote of 73-25.
Below are the floor remarksof Chairman Shelley Moore Capito (R-W.Va.) as prepared for delivery."Madam President, for far too long, critical investments in our nation's infrastructure, energy production, and economy have been forced to sit on the sidelines due to endless red tape, duplicative reviews, and regulatory uncertainty.
"Businesses large and small, looking to invest meaningfully in our country, lack the certainty they need to make decisions. Communities nationwide have waited in regulatory limbo for roads, bridges, energy infrastructure, manufacturing facilities, and other investments that create jobs and strengthen local economies. All this has led to lost jobs, missed economic opportunities, and higher prices across America.
"Data from the National Association of Manufacturers shows that permitting delays are costing America's manufacturers $12.1 billion every year, including $87 million in additional costs in West Virginia alone. According to new data from McKinsey, $1.8 trillion of investments are locked up in the federal permitting system right now, including $22.3 billion of sidelined investments in my home state of West Virginia.
"These are projects that could provide good-paying jobs, improve mobility, increase access to clean drinking water, deploy broadband in rural areas, and so much more. The environmental permitting and review processes should be tools for informed decision-making, not reasons that decisions can't be made. This is not a sustainable way for the United States to compete with the rest of the world, and it is certainly not a sustainable way to address the energy and affordability issues we are facing today.
"It's no secret that America's energy demand is growing rapidly to meet the needs of a modern economy. To meet these needs, we must modernize our grid, increase our energy production, and build the infrastructure that will keep America competitive and secure for decades to come.
"It is time for Congress to act. It is, actually, well past time.
"As Chairman of the Environment and Public Works Committee, I worked with my Ranking Member, Senator Whitehouse, as well as Chairman Lee of the Energy and Natural Resources Committee, and Ranking Member Heinrich, to introduce a comprehensive permitting reform solution: the Bipartisan American Affordability and Jobs Act of 2026, or BAAJA. This bill will unlock economic opportunity, infrastructure development, and energy production across the United States.
"The Bipartisan American Affordability and Jobs Act consists of two parts. The first part of the bill is in the EPW Committee's jurisdiction, and it consists of reforms to the laws that set the framework for our environmental review and permitting processes, including the National Environmental Policy Act (NEPA), the Clean Water Act, and the Endangered Species Act. The EPW section also provides certainty that permitted projects will retain their permits if they remain in compliance with the law.
"The second part of the bill captures reforms to statutes in the ENR Committee's jurisdiction, including the National Historic Preservation Act and the Federal Power Act. This section also includes the Ratepayer Protection Act, legislation that will make potential data centers pay their own way instead of American consumers facing increased costs through rising utility bills.
"Together, the package that our committees put together fulfills key policy priorities from members of both sides of the aisle and a diverse set of stakeholders. I believe these comprehensive permitting reforms will generate benefits for our country for years to come for three reasons.
"First, this bill is bipartisan. Senators Lee, Whitehouse, Heinrich, and I have worked together throughout this Congress to craft a solution that both Republicans and Democrats can support. That is the only way we can achieve durable and implementable reforms to our environmental review and permitting processes. There is something in this bill for everyone, because it is fair to everyone, and we owe it to the American people to come together as a body and pass this legislation in the weeks ahead.
"Second, this bill will help all types of projects. We cannot adjust the processes for some types of projects, but not others. Projects like coal mines, windmills, gas pipelines, solar farms, and steel mills will all benefit from this legislation.
"Third, the package addresses critical stages of the permitting process. This will create predictability, consistency, and finality in securing a permit. It will allow our laws to balance public health, the environment, and the needs of our economy. Finally, our legislation will prevent unnecessary delays and endless litigation that blocks growth.
"In West Virginia, investments have collapsed under the weight of legal challenges, denying potential benefits to areas that need support the most. When a project sits in the environmental review and permitting processes for years, jobs are not created, critical infrastructure is not built, energy is not brought onto the grid, and ultimately, American families and businesses face higher costs and fewer opportunities.
"The White House Council of Economic Advisers (CEA) released a report analyzing the ways that the Bipartisan American Affordability and Jobs Act would benefit families and businesses, and the results are clear. According to their analysis, the reforms made under BAAJA would result in $82 billion to $164 billion in additional economic output every year. Families would feel these economic benefits directly, as CEA estimates that for the average American household, real wages will increase, electricity bills will fall, and everyday expenses will be reduced. We cannot continue to let the costs of permitting delays fall onto American families.
"I am no stranger to the challenge of addressing permitting reform in Congress. Throughout my career, I have introduced multiple bills to improve this process. While Congress has passed some very limited reforms through various legislative packages, we have not passed significant reforms to NEPA in several decades.
Republicans and Democrats alike recognize the need for reforms to unlock investment to build projects that are important to our states. On both sides of the aisle, we understand that our constituents need lower costs and good jobs, communities need economic investment, businesses need certainty, and America needs to build. These are not partisan ideals. They are American principles.
"The Trump administration has also rallied behind this deal, supporting our efforts in the Senate to pass durable reforms so we can unleash our nation's full potential. Additionally, we have made it a priority to have a robust manager's amendment to this legislation that makes targeted changes based on feedback from our members and stakeholders to further build support.
"I am thankful for my colleagues' efforts to strengthen BAAJA, and the contributions from members of the House of Representatives as well. This legislation reflects a vast amount of perspectives and priorities, and I'm proud of the product we are voting on today.
"We have received letters of support from over one thousand stakeholder organizations, representing a broad swath of groups across our country, including oil and gas producers and solar energy groups, labor unions, and business associations. They all recognize the urgent need for permitting reform, and the benefits that BAAJA would have on affordability, energy reliability, and economic growth across our country.
"In a statement from the American Petroleum Institute, President and CEO Mike Sommers said, 'Washington has a generational opportunity to fundamentally transform a broken permitting system and help address the affordability challenges facing American consumers. Congress should seize this moment and finish the job.'
"In another statement from the Solar Energy Industries Association, CEO Tim Pawlenty said, 'This is the kind of bipartisan action America needs to meet growing energy demand, put downward pressure on energy prices, and deploy more affordable, exactly reliable solar and storage for American families and businesses.'
"Xan Fishman, Executive Vice President of the Energy Program at the Bipartisan Policy Center, said, '[The Bipartisan American Affordability and Jobs Act] would fix our permitting processes so that we can review and build efficiently, reducing costs, improving quality of life, growing our economy, and improving economic outcomes.'
"From my home state, the Gas and Oil Association of West Virginia's President, Rebecca McPhail, said the following, 'GO-WV supports the [Bipartisan American Affordability and Jobs Act]'s stated goals of modernizing federal environmental review, providing certainty for holders of federal permits and authorizations, and supporting an all-of-the-above energy strategy.'
"From the business community, Rodney Davis, Senior Vice President and Head of Government Affairs at the U.S. Chamber, said, 'The Senate's progress toward a comprehensive, bipartisan permitting reform deal brings us one step closer to streamlining the outdated process that is holding up critical projects of all kinds, from energy and water infrastructure to roads, broadband, and manufacturing.'
"Demonstrating the breadth of support this bill has received, the Laborers' International Union of North America General President, Brent Booker, gave the following statement of support, "'For more than a decade LIUNA has testified before Congress, submitted comments, participated in roundtables, and endorsed numerous iterations of permitting bills… We urge lawmakers in both parties to seize this moment, pass the Bipartisan American Affordability and Jobs Act of 2026, and finally deliver meaningful permitting reform.'
"And finally, representing a broad coalition of labor groups, in a letter from Sean McGarvey, President of North America's Building Trades Unions, he said, 'This legislation represents a significant step toward a more efficient permitting system that supports job creation, strengthens America's energy and infrastructure capabilities, and helps reduce costs for working families.'
"I could not agree more. This is an unprecedented opportunity, and a legislative breakthrough we can accomplish in this unique moment. The Bipartisan American Affordability and Jobs Act is a win for America, and we cannot let this moment pass us by.
"The reality is this: over the next several years, we will have no choice but to increase our national energy production and manufacturing capacity to meet increasing demand, and that means making sure our infrastructure projects can be built quickly, efficiently, and responsibly.
"The House has already passed several key pieces of legislation on this matter, including the SPEED Act and the PERMIT Act. Now, it's our turn in the Senate to act on the opportunity in front of us. I encourage my colleagues to rise to the importance of this moment, and to vote in favor of the Bipartisan American Affordability and Jobs Act.
"American growth, competitiveness, and security are at stake. With that, I yield the floor."
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