NRECA supports a bill in Congress to improve the efficiency and predictability of the federal permitting process if crucial changes are made to the legislation to protect local governance on transmission and avoid burdensome regulations for electric cooperatives and public power utilities.
The Bipartisan American Affordability and Jobs Act of 2026 (BAAJA) is a “meaningful and balanced effort” to address permitting challenges that can hamper electric generation, transmission and distribution projects, NRECA and the American Public Power Association said in a Nov. 2 letter to key Senate committee leaders urging passage of the bill this Congress.
But the groups’ “strong support” of the bill “is contingent upon an important technical change” in a pending manager’s amendment, they added. That amendment recognizes the role of local governance and accountability in co-ops’ not-for-profit business model and “avoids new, burdensome Federal Energy Regulatory Commission regulation over electric cooperatives and public power utilities,” NRECA and APPA said.
“We … appreciate you working with us to find common ground on language that will facilitate the development of needed transmission infrastructure,” the letter stated. “Expanding and strengthening the nation’s transmission system will be critical to meeting future electricity needs and supporting our country’s economic growth.”
NRECA supports several measures in BAAJA, including provisions to:
- Establish clear limits on judicial review for National Environmental Policy Act-related claims, including a 150-day deadline for filing legal challenges.
- Focus NEPA reviews on “major federal actions” and require courts to provide substantial deference to agencies on the environmental impacts considered in reviews.
- Extend Clean Water Act permit terms from a maximum of five years to 10 years.
- Tighten the standard consultation period under the Endangered Species Act.
- Narrow project reviews and set 150-day deadlines for legal challenges related to the National Historic Preservation Act.
But NRECA opposes additional FERC regulatory requirements for electric co-ops that would add cost and complexity to transmission development without advancing new projects.
The association has urged Congress to give FERC the authority to expedite transmission projects that promote affordability and reliability without expanding the commission’s jurisdiction over co-ops. NRECA also wants to maintain the existing regional transmission planning process in which co-op participation is voluntary.
“By providing greater certainty in federal environmental permitting processes, we believe BAAJA will support the electric infrastructure investments needed to meet America’s growing energy demands,” the Nov. 2 letter said. “We appreciate your leadership on this issue and strongly urge Congress to pass the Bipartisan American Affordability and Jobs Act.”
Molly Christian is a staff writer for NRECA.