Energy and electricity infrastructure permitting reform has become a focal point on Capitol Hill, with lawmakers in both chambers considering significant updates to the regulatory landscape governing energy infrastructure. Leading the Senate’s approach, the bipartisan Energy Permitting Reform Act of 2024 (EPRA), co-sponsored by Senators Joe Manchin (I-WV) and John Barrasso (R-WY). This proposed legislation aims to streamline the permitting process across various sectors, including electric transmission, oil and natural gas, and clean energy, and has been positioned as a balanced compromise. In July, the Senate Energy and Natural Resources Committee advanced EPRA with a bipartisan 15-4 vote.
Although the House has no direct counterpart to EPRA, two high-profile House bills provide points of comparison. The first is the Lower Energy Costs Act (H.R. 1), a Republican-backed bill that passed the House in April 2023 with a 225-204 vote, but has stalled in the Senate. The second is the Clean Electricity and Transmission Acceleration Act (CETA), sponsored by Representatives Sean Casten (D-IL) and Mike Levin (D-CA) and supported by the House Sustainable Energy and Environment Coalition. This analysis will explore how these three legislative approaches measure up in their goals, methods, and potential impacts.
In addition to the three main bills analyzed here, several other notable permitting-related bills have gained traction in recent months, though they fall outside the scope of this discussion. The ADVANCE Act, signed into law this past summer, introduced significant updates to streamline nuclear permitting. The Fix Our Forests Act, spearheaded by Natural Resources Chair Bruce Westerman (R-AR) and Representative Scott Peters (D-CA), targets permitting reform for forest management and passed the House with a 268-151 vote. The Community and Hydropower Improvement Act, which aims to bolster hydropower permitting and project re-licensing, was introduced by Senator Steve Daines (R-MT) in the Senate, while a companion bill was introduced in the House by Representative Cathy McMorris Rodgers (R-WA). And finally, the bipartisan Geothermal Energy Opportunity (GEO) Act, led by Representative John Curtis (R-UT) in the House focuses on expediting geothermal development. These bills exemplify the growing legislative momentum around permitting reform and may serve as building blocks for a broader, comprehensive approach to reshaping U.S. energy policy.
Bill comparison
The table below represents a visual summary comparison of H.R. 1, CETA, and EPRA.
Oil and gas provisions
H.R. 1
- H.R. 1 seeks to boost domestic oil and gas production through several pathways. Specifically, it facilitates LNG sales by removing import/export restrictions, strengthens FERC’s role in gas pipeline siting, repeals various Clean Air Act provisions related to oil and gas production, and simplifies the permitting processes for oil and gas exploration on federal lands. The oil and gas provisions are mainly contained in Divisions A and B of the bill.
CETA
- CETA does not contain any provisions for oil and natural gas.
EPRA
- Sections 201 and 301 address leasing provisions for oil and gas, ensuring a fair distribution of land leases between oil, gas, and renewable energy sources. They also mandate that at least one offshore oil and gas lease sale be held annually in the Gulf of Mexico from 2025 to 2029. Section 203 exempts specific oil and gas activities on certain federal lands from requiring a federal permit. Finally, Section 601 sets timelines for LNG permit approvals based on the publication date of the project’s environmental review.
Transmission provisions
H.R. 1
- Section 10004 authorizes the Department of Energy to review applications for electric transmission facilities that connect to international entities.Transmission infrastructure upgrades are considered non-major federal activities.
CETA
- CETA seeks to advance interregional grid planning and accelerate grid expansion through a series of provisions. It grants FERC expanded authority to site high-capacity transmission lines, enhance interregional grid planning processes, determine cost allocation for transmission lines of national significance, increase transparency in electricity markets, and support the adoption of grid-enhancing technologies (GETs). Key provisions on transmission are included in Sections 101 – 110, Sections 201 – 210, and Sections 301 – 302.
EPRA
- Section 401 of EPRA modifies Federal Energy Regulatory Commission’s (FERC) existing authority to issue construction permits for projects in National Interest Electric Transmission Corridors (NIETC) if state siting authorities don’t act on the permit application within a year. FERC is additionally authorized to issue construction permits for national interest projects without requiring a NIETC designation and removes the Department Of Energy’s authority to designate NIETCs. Additionally,transmission infrastructure upgrades are classified as non-major federal activities.
Geothermal provisions
H.R. 1
- Section 20109 promotes geothermal energy leases on public lands by reducing the timeframe for federal agencies to issue permits for geothermal activities and mandating annual lease sales. Sections 20204 and 20214 further streamline geothermal development by exempting certain geothermal activities on designated federal lands from requiring federal permits, classifying them as non-major federal activities.
CETA
- Section 403 requires the Bureau of Land Management (BLM) to promote the development of geothermal power sources through designating priority areas where the technology can be implemented. Geothermal is also included as one of the power sources that can be implemented to meet the 60 GW from renewable energy by 2030 target, prescribed in Section 402.
EPRA
- Section 207 establishes a goal of 50 GW of renewable energy production on federal land by 2030, with geothermal energy as an eligible contributor. Section 208 seeks to accelerate geothermal resource discovery on federal lands by categorically excluding testing and exploration activities from NEPA review. It mandates annual geothermal lease sales and includes various provisions intended to expedite processing of geothermal leases, permits, and authorizations. Additionally, it allows categorical exclusions which currently apply to oil and gas exploration to extend to similar geothermal activities and creates a Geothermal Ombudsman to facilitate these processes.
On and off-shore wind and solar provisions
H.R. 1
- H.R. 1 does not contain any permitting-related provisions for wind or solar energy.
CETA
- Section 501 sets a target of generating 30 GW of electricity from offshore wind energy by 2030. Section 502 aims to provide greater certainty for offshore renewable energy development by codifying processes for the leasing and permitting of offshore wind projects. Section 503 establishes an ocean users compensation fund. Section 402 aims to produce 60 GW of electricity from renewable sources, including onshore wind and solar, on federal lands by 2030. Section 403 updates priority areas for renewable energy on public lands and programmatic environmental impact statements. Section 406 authorizes federal incentives for renewable energy development on public lands.
EPRA
- Section 302 aims to boost offshore wind energy by holding at least one offshore wind lease sale per year from 2025-2029, for a minimum of five sales. It also sets a permitting target for offshore wind of 30 GW by a future-to-be-determined date. Section 207 sets a goal of 50 GW of renewable energy production on federal land by 2030. Section 206 aims to accelerate renewable energy permitting by setting timelines for certain permitting actions and by establishing categorical exclusions for low disturbance activities necessary for renewable energy projects.
Hydropower provisions
H.R. 1
- H.R. 1 does not contain any provisions for Hydropower.
CETA
- CETA does not contain any provisions for Hydropower.
EPRA
- Title VII of EPRA grants FERC the authority to extend the construction start deadline by an additional four years for eligible hydropower projects licensed before March 2020. The aforementioned Community and Hydropower Improvement Act, designed to simplify the hydropower permitting and licensing process and improve coordination in federal decision-making, offers more comprehensive, hydropower-specific provisions.
Mining and critical mineral provisions
H.R. 1
- Section 20307 permits ancillary mining activities on public lands, such as exploration operations and construction of mine access roads, with or without the discovery of a valuable mineral deposit. Section 20302 aims to maximize mining efficiency on federal lands by designating a relevant lead federal agency to coordinate the mine permitting process. The bill also categorizes uranium as a critical mineral (Section 20308) and bars foreign bad actors from operating mines on federal lands (Section 20309).
CETA
- CETA does not contain any provisions for Mining/Critical Minerals.
EPRA
- Section 210 broadens the mining industry’s access to public lands for ancillary operations, aiming to reduce operational costs and enhance logistical flexibility. This provision permits new mill site claims on both mineral and non-mineral federal lands for supporting mining activities, whereas current regulations restrict mill sites to non-mineral lands only.
Key takeaways
Energy and electricity permitting reform is a critical topic on Capitol Hill, as lawmakers work to modernize the regulatory framework that will shape the future of U.S. energy infrastructure.
The Energy Permitting Reform Act of 2024, with bipartisan support and recent approval by the Senate Energy and Natural Resources Committee, exemplifies a balanced approach that could drive significant progress across various energy sectors. While EPRA currently stands alone in the Senate, House-led initiatives like the Lower Energy Costs Act (H.R. 1) and the Clean Electricity and Transmission Acceleration Act (CETA) present opportunities for a coordinated, bicameral strategy. Each bill reflects unique strategies and priorities, yet all aim to to create a streamlined, updated permitting process responsive to the needs of a rapidly evolving energy landscape. The scope of recent legislation— from forest management to geothermal energy —highlights Congress’s shared commitment to timely reform, essential for advancing U.S. energy infrastructure and ensuring energy security.