The Senate advanced the bipartisan package 73 to 25 on Monday and 62 to 21 on Tuesday, with the White House’s support; Sen. Adam Schiff has offered an amendment to strike its historic-preservation changes, which the bill’s negotiators say would cost Republican votes.
The bipartisan permitting package that The Inquirer previewed on Sunday cleared its first two Senate votes this week, and California’s two senators voted against moving it forward.
On Monday evening, the Senate voted 73 to 25 to invoke cloture on the motion to proceed to H.R. 2347, the House-passed bill being used as the vehicle for the Bipartisan American Affordability and Jobs Act, according to Senate roll call 257. Sixty votes were needed. On Tuesday, the Senate adopted the motion to proceed itself, 62 to 21, with 17 senators not voting, on roll call 258, according to a vote-by-vote analysis of both official tallies.
Sen. Alex Padilla voted no both times. Sen. Adam Schiff voted no on Monday and did not vote on Tuesday. Neither vote adopted the package; together they brought it to the Senate floor for debate and amendment.
On Wednesday at 12:29 p.m., Majority Leader John Thune filed cloture on two more questions, the sponsors’ substitute amendment No. 6883 and the bill itself, the Senate’s floor log shows. Each needs 60 votes. Under Senate Rule XXII, a cloture vote ripens one hour after the Senate convenes on the second day after filing, which would be Friday, unless senators agree to another time.
What the sponsors and the White House say
The package was written by the Republican chairs and Democratic ranking members of the two committees with jurisdiction: Sens. Shelley Moore Capito of West Virginia and Sheldon Whitehouse of Rhode Island on Environment and Public Works, and Sens. Mike Lee of Utah and Martin Heinrich of New Mexico on Energy and Natural Resources. Mr. Padilla sits on both committees; Mr. Schiff sits on Environment and Public Works.
The sponsors say the 494-page substitute would shorten federal environmental reviews and the time allowed for lawsuits, protect permits already issued, expand federal authority to site large interstate transmission lines and make large data centers pay for the grid upgrades they require, Axios reported. “This substitute amendment preserves the foundation of the Bipartisan American Affordability and Jobs Act, while making targeted changes based on feedback from our members and stakeholders to further build support,” Ms. Capito said when the substitute was released on Nov. 7.
The White House supports the bill, and President Trump on Sunday urged his followers on social media to call their senators, Axios reported. Energy and business groups, from renewable developers to manufacturers and the oil and gas industry, are lobbying for it. Mr. Whitehouse, seeking to reassure environmental groups, told reporters before Monday’s vote that the bill was “the floor, not the ceiling, of our climate and environmental aspirations.”
Why Californians voted no
Mr. Schiff said he voted no after Mr. Trump said Monday that he supported the bill but “will not approve wind turbines,” according to Utility Dive, which cited Politico. “The bill hasn’t been fully negotiated,” Mr. Schiff said. “He has not changed course in any way when it comes to renewable energy, and any wiggle room left in the bill to prioritize oil and gas over renewables he’ll make full use of.”
For California, which is counting on offshore wind off Humboldt County and the Central Coast and on new high-voltage lines to carry renewable power, that concern is concrete. Mr. Trump has called wind turbines “a major loser,” The Washington Sun reported. The bill’s sponsors point to its protections for permits already issued, a priority, Axios reported, for renewable-energy groups and for Democrats who objected to the administration’s actions against renewable projects.
On Tuesday afternoon, Mr. Schiff introduced an amendment to strike the bill’s changes to the National Historic Preservation Act, which tribal leaders say would weaken consultation and threaten sacred sites, The Washington Sun reported. Twenty-two Democrats, including some who voted to advance the bill, signed on. California has more than 100 federally recognized tribes, and the preservation law is one of the main ways they are consulted on federally approved projects.
The bill’s negotiators say striking whole sections is unlikely. “On the merits I would love to, but this is not a Democrats-have-60-votes situation,” Mr. Heinrich told The Sun, adding that he did not think the bill would keep enough Republican support without the provision. The White House has said Mr. Trump would not support the bill with the Schiff amendment, Punchbowl News reported, according to The Sun. Sen. Catherine Cortez Masto of Nevada, who voted to advance the bill, said she would not support final passage without changes: “They’ve got to remove the tribal piece.”
Mr. Padilla has not issued a public statement explaining his votes, a review of his news releases found. His office, Mr. Schiff’s office, the Environment and Public Works Committee’s Democratic staff and the Energy Department did not respond to requests for comment sent Wednesday.
The House is the next hurdle
Speaker Mike Johnson told Bloomberg News that “we’ve got the Republicans together to pass anything in the House right now. It’s really up to the Senate.” House Democratic leader Hakeem Jeffries criticized the bill last week and said Monday that the latest revisions were still under review, Axios reported. Rep. Jared Huffman of San Rafael, who is in line to chair the House Natural Resources Committee, has called the Senate package one that was “cut behind closed doors by four people.”
The calendar matters. Democrats take control of both chambers in January, and analysts at TD Cowen cut their estimate of the bill’s chances after the election, from about 40 percent to about 25 percent, Utility Dive reported, on the view that the results embolden Democrats who would rather write a renewable-focused bill next year. Supporters, including House moderates, are pressing to finish before then.
Monday’s and Tuesday’s votes decided only that the Senate would debate the bill. The amendments that get votes, starting with Mr. Schiff’s, and the cloture votes on the substitute will show whether the 73 senators who opened debate are willing to close it.
Rosalind Achterberg covers the Senate Environment and Public Works and Energy and Natural Resources committees, from permitting and water law to nominations and the federal lands that cover nearly half of California, for the Inquirer’s Energy & Environment desk. More from Rosalind Achterberg
