BAAJA Blast Part 3: Data Centers And Large Loads Under The Senate Permitting Bill

This is the third post in our four-part “BAAJA Blast” series covering the proposed Bipartisan American Affordability and Jobs Act of 2026, released on September 30, 2026. Check out our earlier posts on the bill’s provisions on transmission and offshore wind.

The Bipartisan American Affordability and Jobs Act of 2026 (BAAJA) contains three provisions that, if adopted, would meaningfully shape data center development in the United States. Section 2107 would introduce binding protections for ratepayers. Section 2108 would create new market access for behind-the-meter energy resources, including batteries and other storage. And Section 2114 would require new reporting on data center load.

Whether a data center gets built remains, first, a question of community support and, second, a state and local question of zoning, siting, and permits. But BAAJA would significantly shape how that data center is powered and who bears the cost. As discussed in our earlier series on sustainable data center