What Happened?

If you live anywhere in the U.S. except the part of Texas served by the Electric Reliability Council of Texas, federal regulators could gain broader authority to approve new power lines near you. ​

The change is included in the Bipartisan American Affordability and Jobs Act, introduced Sept. 30 and now under consideration in the Senate, according to a Legis1 review of a congressional research report. The bill would expand federal authority over power line siting, the process of deciding where transmission lines can be built.

The Congressional Research Service (CRS), Congress' in-house research arm, examined the proposal in its report, The Bipartisan American Affordability and Jobs Act of 2026 and the Federal Energy Regulatory Commission’s Backstop Siting Authority, updated Nov. 9. Currently, the Federal Energy Regulatory Commission (FERC) may issue construction permits only in corridors designated by the Department of Energy (DOE). The bill would repeal DOE's authority to designate those corridors and expand FERC's jurisdiction over eligible transmission projects across most of the country.

Here is what the bill would change for lines FERC could permit:

  • Eligibility: Lines would have to protect or benefit consumers, improve reliability and facilitate just and reasonable rates, replacing the current requirement that they significantly reduce transmission congestion.
  • Voltage: Facilities would generally have to be rated at no less than 230 kilovolts or be necessary to safely and reliably connect such facilities. Certain advanced transmission conductors could qualify at voltages FERC determines appropriate.
  • Early filing: Developers could begin pre-filing with FERC before submitting a state application but would have to begin no later than the state application's submission.

The bill would retain existing conditions governing when FERC can intervene in state permitting decisions, including when a state denies an application or withholds a decision for at least a year.

Why Does it Matter to Me?

If you pay an electric bill, the legislation would change how the costs of new transmission lines are allocated. Owners of qualifying lines would have to seek FERC approval to allocate costs to customers, even if FERC does not issue a construction permit.

The allocation would need to be "at least roughly commensurate" with specified benefits, including improved reliability, reduced congestion, and lower electricity delivery costs. Customers receiving "no benefit, or benefits that are trivial in relation to the costs sought to be allocated" could not be involuntarily allocated costs.

If you own land near a proposed line, FERC would also have to consider input from affected landowners, as defined in the bill, when authorizing construction or modifications.

Both Sides, Now

Opponents of expanded federal authority argue it could allow the federal government to override state decisions and intensify conflicts over landowners' property rights and consent. Supporters argue that streamlining transmission permitting could improve grid reliability and reduce electricity costs. CRS says the bill's cost-allocation principles are similar to existing FERC policies for projects identified through regional and interregional planning.

Opponents point to a Maryland dispute over a proposed 67-mile transmission line. Maryland Matters reported that more than 100 Central Maryland property owners refused to allow PSEG to survey their land, prompting the company to sue. About 60 landowners later sought to block a federal court ruling allowing workers to conduct surveys without owners' permission. That dispute involves a separate project and does not establish that the legislation would produce the same outcome.

Congress can change federal transmission permitting laws, and the legislation would repeal authority currently held by the Trump administration's Energy Department.

What Happens Next?

The Senate has begun considering the legislation, introduced as S. 5653 and now being advanced through an amendment to H.R. 2347. On Nov. 9, senators voted 73-25 to advance consideration of the legislative vehicle. The Senate voted 62-21 on Nov. 10 to formally begin considering it, and a substitute amendment containing the permitting legislation was introduced.

Further amendment votes and a final passage vote are expected as the Senate continues consideration. The legislation must pass both chambers of Congress and be signed into law before the changes to FERC's authority can take effect.

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