The Senate on Monday cleared its first procedural hurdle on a sweeping permitting package that would change how large new data centers pay for electricity and grid service. Supporters still face open questions about whether the bill can become law before the current Congress ends.

At 5:31 p.m. on Nov. 9, 2026, senators voted 73 to 25 to invoke cloture on the motion to proceed to H.R. 2347, according to the official Senate roll call (vote 257 of the 119th Congress, 2nd Session). The question needed three-fifths of senators, and the roll call records the result as "Agreed to." Two senators did not vote.

The roll call shows only the bill's formal title, which is the title of a tax bill about the exclusion of certain damages from gross income. It is common for the Senate to use an existing House-passed bill as a shell for unrelated legislation. None of the news sources reviewed for this article names the bill number, so the link between H.R. 2347 and the permitting package is an inference from timing: Utility Dive reported that the Senate voted Monday to advance the Bipartisan American Affordability and Jobs Act (BAAJA), and Latitude Media had reported that a Senate vote on the permitting bill was set for Nov. 9.

What the Vote Did, and Did Not, Do

A cloture vote on a motion to proceed is a procedural step. It limits debate on whether the Senate will take up the measure at all. It does not approve the bill's contents, and it does not lock in any senator's vote on final passage.

That gap matters here. Utility Dive reported that Sen. Catherine Cortez Masto, D-Nev., voted to advance the bill but warned in a Monday release that tribes in Nevada still have concerns about the bill's changes to the National Historic Preservation Act, and that if those are not struck from the bill she will not vote for final passage. Several senators voted no, including Sens. Cory Booker, Adam Schiff, Bernie Sanders and Jeff Merkley, according to the outlet. Utility Dive also reported two abstentions, which matches the roll call's count of 98 votes cast (73 yeas and 25 nays) and two senators not voting.

In a Monday release, Merkley said he strongly supports the bill's provisions to increase transmission and clean energy and to ensure fair cost allocation for data centers. He also said the bill "could make it easier to build more data centers powered by 'behind the meter' natural gas plants," Utility Dive reported.

Before the vote, sponsors added a manager's amendment over the weekend. According to Utility Dive, it sought to address some concerns, including tribal consultation and the authority of the Federal Energy Regulatory Commission. A coalition of tribal organizations said in a Sunday release that the amendment does not adequately address their concerns, the outlet reported.

The Data Center Provisions

For the data center industry, the core of the package is cost allocation. Latitude Media reported on Oct. 29 that BAAJA contains provisions directing data centers and crypto miners to pay both for the new transmission lines needed to serve them and for the cost of using the existing grid. According to Latitude Media, the bill would require the Federal Energy Regulatory Commission to rewrite a 1994 policy that let customers pay either the embedded cost of the existing grid or the incremental cost of its expansion, but not both. Under the bill, computational loads larger than 20 megawatts would pay both. Latitude Media also reported that the bill would require utilities to hold data centers liable for capital costs even if they exit agreements early, so that ratepayers are not left with the bill.

Bisnow, in an Oct. 18 report, likewise said the data center measures apply to facilities larger than 20 megawatts and would require large data centers to pay grid costs that would not have been incurred without their demand, not just upgrades that benefit them exclusively.

The package also includes broader permitting changes to the National Environmental Policy Act, the Clean Water Act and the Endangered Species Act. Bisnow reported that the Center for Biological Diversity opposes those environmental changes, calling the bill a "back-door deal" meant to accelerate data center development.

Industry views are split. Bisnow described the bill as offering data center developers faster permitting and a clearer path to power in exchange for paying more up front. Harmol Samra, CEO of Host Digital, told Bisnow that "upfront capex, especially speculative, is a death knell." Jeff Thramann, CEO of developer LT350, told Bisnow that most major developers would accept added costs in return for regulatory certainty.

Latitude Media reported that the Corporate Energy Buyers Association and the Electricity Customer Alliance had endorsed BAAJA. As of that report, the Data Center Coalition had not endorsed it and told the outlet it was still reviewing the legislation with its members. Latitude Media quoted a CEBA executive as saying that much of the detail on allocating costs for new transmission would be worked out in a FERC rulemaking.

The bill also arrives as public opinion on data centers is shifting. Latitude Media, citing polling by Politico, reported that half of Americans oppose a data center being built within three miles of their home, up from 28% in January.

Why the Election Changes the Math

The vote came days after midterm elections in which Democrats won control of both chambers of Congress, Utility Dive reported. Supporters now have the lame-duck session, the stretch before the new Congress is seated, to finish the bill. Utility Dive reported that Democrats in both chambers, including at least one senator who voted to advance the bill, have said they want to see more changes.

Analysts quoted by Utility Dive have become less optimistic. TD Cowen cut its outlook for the bill's success from about 40% to around 25% immediately after the election results, the outlet reported. TD Cowen's analysts said the Democratic victory likely emboldens voices who argue the bill gives too many concessions to the oil and gas sector. Jefferies analysts said in a research note that Senate passage is possible, but enactment remains unlikely without a clear House strategy.

For developers, utilities and the communities where new campuses are proposed, the practical result is that the cost-allocation requirements described above are not law. Whether they become law depends on further action in the Senate and then in the House.

What Happens Next

Monday's vote was on the motion to proceed to H.R. 2347, not on final passage. Utility Dive reported that Jefferies analysts see the House as the main obstacle, writing that House Democratic leaders argue the Senate bill falls short and that Republican support for accepting the Senate product also appears uncertain. The analysts said the bill could see more revisions to reflect House concerns. No date for a final Senate vote was stated in the sources reviewed for this article.

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