Energy‑permitting bill – tracking congressional progress and outcome

What happened

The Senate Committee on Energy and Natural Resources ordered the Critical Minerals Security Act of 2025 and the FLOWS Act reported favorably with amendments on October 19, 2026 1. During the same session, the committee ordered S. 3518 and S. 789 reported with amendments in the nature of a substitute 1. These actions follow the October 16, 2026, placement of the Critical Mineral Consistency Act of 2025 (S. 714) on the Senate Legislative Calendar under General Orders 1.

In the House of Representatives, legislators introduced the Utility Accountability Act (H.R. 10804) and the Make Data Centers Pay Act (H.R. 10809) on October 19, 2026 1. Both measures were referred to the House Committee on Energy and Commerce 1. The Clean School Bus Reauthorization Act (H.R. 10782) was also referred to the Energy and Commerce Committee on October 19 1. Additional House activity included the referral of the Protecting Florida's Offshore Military Readiness Act (H.R. 10789) to the Committee on Natural Resources 1.

Recent Senate filings include the STRONG GRID Act of 2026 (S. 5159) and the Data Center Community Empowerment Act of 2026 (S. 5645), both of which were read twice and referred to the Committee on Energy and Natural Resources on October 16, 2026 1. On the same day, the Senate agreed by unanimous consent to S. Res. 936, designating October 8, 2026, as "National Hydrogen and Fuel Cell Day" 1.

Why it matters

The advancement of the Critical Minerals Security Act and the Critical Mineral Consistency Act establishes a legislative track for securing domestic supply chains, as the latter is now positioned on the Senate Legislative Calendar for floor consideration 1. The introduction of the Make Data Centers Pay Act and the Data Center Community Empowerment Act targets the specific infrastructure and cost burdens associated with high-density energy consumers 1.

For utilities, the introduction of the Utility Accountability Act and the Utility Affordability and Transparency Act (H.R. 10687) signals a legislative focus on ratepayer protections and corporate oversight 1. The License to Drill Act reached the final stage of the legislative process when it was presented to the President on October 16, 2026 1. A presidential signature would enact the bill into law, while a veto would return it to Congress.

What's next

A vote by the full Senate would be required to pass the Critical Mineral Consistency Act (S. 714) now that it has been placed on the legislative calendar 1. The Senate Committee on Energy and Natural Resources must formally file its reports on the Critical Minerals Security Act and the FLOWS Act following the October 19 order to report them favorably 1.

In the House, the Committee on Energy and Commerce would need to schedule hearings or markups for the Utility Accountability Act, the Make Data Centers Pay Act, and the Clean School Bus Reauthorization Act to advance those measures 1. The President has 10 days (excluding Sundays) from October 16 to sign or veto the License to Drill Act before it becomes law without a signature, provided Congress remains in session 1.

What happened

The Senate Committee on Energy and Natural Resources held a business meeting on September 30, 2026, to consider pending legislation 16. This session in room SD-366 followed a full committee hearing to receive testimony on pending measures 1. These actions occurred after the committee held a business meeting and an oversight hearing on the Federal Energy Regulatory Commission 1.

In the House of Representatives, the Home Appliance Protection and Affordability Act (H.R. 4626) passed by a 217-190 vote on February 24, 2026 2. The House adopted an amendment in the nature of a substitute for the bill that same day 2. The Senate received H.R. 4626 and referred it to the Committee on Energy and Natural Resources 2.

The House Committee on Energy and Commerce held a markup on July 20, 2026, for 29 bills 5. The energy-related measures advanced during this session included:

• The Ratepayer Protection Act (H.R. 9340) 5.
• The Load Forecasting Enhancement Act (H.R. 9332) 5.
• The Advanced Transmission Technology to Reduce Rates Act (H.R. 9335) 5.
• The High-Capacity Grid Act (H.R. 6633) 5.
• The Pipeline Safety Authorization Act of 2026 (H.R. 9338) 5.

Additionally, the House Committee on Rules reported a structured rule for the Energy and Water Development and Related Agencies Appropriations Act, 2026 (H.R. 4553) 3. The committee recorded a 9-4 vote on September 2, 2025, to report the measure, which prohibits funds for the Delaware River Basin Commission to enforce high-volume hydraulic fracturing regulations 3.

Why it matters

The legislative activity targets infrastructure costs and regulatory burdens for energy producers and utilities 47. Berkshire Hathaway Energy Co. spent $420,000 in the second quarter of 2025 and $320,000 in the third quarter of 2025 lobbying on permitting reform, FERC processes, and pipeline safety 4.

Provisions in the Energy and Commerce markup on September 2 aimed to support nuclear energy and reduce costs for families 7. The committee also examined draft legislation, the Water Cost Accountability Act, to prevent data centers from shifting infrastructure costs to local water customers 7. This proposal would require facilities to pay system costs directly and mandates an EPA report on the resource footprint of AI infrastructure 7.

The reconciliation package advanced by the House Energy and Commerce Committee includes $715 billion in cuts to Medicaid, which the Congressional Budget Office projected would cause 8.6 million people to lose coverage 4. While Republicans seek to accelerate domestic energy production and weaken environmental regulations, Democrats have coordinated with Senate colleagues to oppose EPA policy rollbacks 4.

What's next

A vote by the full Senate would be required to advance H.R. 4626 following its referral to the Committee on Energy and Natural Resources 2. The House Committee on Energy and Commerce scheduled a hearing for September 3 to focus on safeguarding U.S. drinking water and public health policy 7.

Further action on the 29 bills marked up by the House Energy and Commerce Committee on July 20, 2026, would require a report to the full House of Representatives 5. The implementation of the Water Cost Accountability Act would be settled by the introduction and passage of formal language requiring data centers to pay for their specific water infrastructure impacts 7.