Senate bill reshapes federal power for transmission lines across farmland

Leaders of the Senate Energy and Natural Resources and Environment and Public Works committees introduced the Bipartisan American Affordability and Jobs Act of 2026 on September 30. The 417-page bill rewrites procedures under the National Environmental Policy Act, the Clean Water Act, and the Endangered Species Act while dedicating an entire title to electric transmission.

The legislation activates dormant federal backstop authority, allowing the Federal Energy Regulatory Commission to permit interstate transmission lines when states do not act. By removing corridor requirements and setting voltage thresholds, the bill makes federal condemnation available to more projects nationwide, potentially bypassing state landowner protections.

While the bill extends Clean Water Act permits and includes constructive changes to environmental reviews, it falls short of House proposals on Waters of the United States reforms. The package also fails to clarify the agricultural stormwater exemption, leaving uncertainty over routine farming activities and federal permitting requirements.

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