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The Pacific Northwest has become the unlikely vanguard in the movement to protect renters from extreme heat.

Washington State’s 2026 legislative session ended not with a bang, but with an alarm. On a drizzly mid-March evening before adjourning for the year, lawmakers filed out of the capitol having narrowly averted a special session over a data center tax break bill. “Someone or something” had set off the rotunda’s fire alarm, according to a local news outlet; returning after the brief delay, legislators cast their final vote, approving the state’s $79.4 billion spending plan.
The alarm was, in many ways, a fitting end to the state’s adrenaline-pumping 60-day short session, which saw 1,669 new bills introduced. Most were DOA due to time and ever-present budget constraints. Among the casualties was HB 2265, a bill to “protect tenants from periods of extreme heat” by extending a landlord’s responsibilities to include adequate cooling in rental units alongside the usual standbys of basic habitability, heat and hot water.
Had the law passed, Washington — somewhat bizarrely — would have gone further than any other state in the country in pushing landlords to provide air conditioning or a similar cooling system to their renters. While such laws might be expected in places like California, Nevada, or Arizona (which comes closest by requiring landlords to maintain ACs that are already installed), in Washington, the largest city, Seattle, was in fact the least air-conditioned metro area in the country until 2021, and remains second only to San Francisco.
“A lot of people think of the Pacific Northwest as mossy, mountainous, green, and damp,” John Seng, the policy manager at Spark Northwest, a Seattle-based clean energy nonprofit, told me. “But that misses out that on the east side of both Oregon and Washington, things have been getting really hot for a long time.”
Indoor air temperature maximums are not a new idea — Dallas has had one since 2017 — but the few laws on the books are almost exclusively in hot-climate cities and counties. Yet extreme heat is spreading: Between 1970 and 2022, 95% of the nearly 250 U.S. locations analyzed by Climate Central saw an increase in the number of days per year with dangerously high temperatures, with an average increase of 21 days. At the same time, one in three Americans is a renter — a population far less likely to have central AC than homeowners. Though the Pacific Northwest would seem to be an unlikely leader in protecting people from extreme heat, it has nevertheless become a bellwether for the ability of local officials to protect their residents from increasingly deadly temperatures.
“We are changing our climate so much that now, in most places in the country, cooling is just as necessary as heating,” Brian Henning, the director and founder of the Gonzaga Institute for Climate, Water, and the Environment, told me.
Washington isn’t alone in responding to the changing conditions in its corner of the country. A similar story is playing out in Oregon, which failed to pass its own early-stage right-to-cooling bill, SB 54, during last year’s legislative session. (That bill would have required landlords of multi-family buildings to provide cooling when outdoor temperatures exceed 80 degrees.) Now, Portland’s Permitting and Development Bureau is exploring a maximum-temperature code for rentals, which activists hope will serve as a model for a legislative sponsor to take up in a future statewide session.
“It feels like the Pacific Northwest is beginning to grapple with questions that desert cities addressed decades ago, which is, namely: What constitutes a safe indoor temperature during extreme heat?” Vivek Shandas, the founder of the Sustaining Urban Places Research Lab at Portland State University, told me of the proliferation of such bills, ordinances, and laws in the area.
That ponderance is coming not a moment too soon. Of the 75 counties in Washington and Oregon, residents in all but seven have disproportionately low concern given their respective extreme-heat risks, according to research by Yale’s Program on Climate Change Communication published in Nature Communications this month. Of those 75 counties, just three scored below the national median on the CDC’s Heat & Health Index, a risk measurement that considers indicators such as historical heat exposure, prevalence of health conditions such as cardiovascular disease or diabetes, and socioeconomic factors like age and income. Nearly a third scored well within the upper range of risk nationally. Combined with the fact that architecture in the Northwest was designed for decades to retain heat, and that the region has some of the fastest-warming urban areas in the country, the upper left-hand corner of the country is uniquely susceptible — and unprepared — for extreme heat, the deadliest climate change and weather-related disaster in North America.
That fact was made tragically clear during the 2021 heat dome, the record-breaking, model-breaking event that killed more than 250 people across the states and served as the catalyst for housing activists, climate organizers, and policymakers. Though researchers like Shandas, who studies urban heat, had been aware that the Northwest was a public-health disaster waiting to happen, there were a few particularly startling takeaways: Though “most people think of heat risk as something that happens outside,” Shandas said, the vast majority of the people who died during the heat dome died inside, and most were likely renters living in multifamily homes. Some were even found with fans turned on full blast, pointed directly at their bodies.
“A lot of people don’t know that if your space is higher than about 90 degrees indoors, a fan actually increases your risk of heat‑related illness or death, not decreases it,” Henning said. That’s because a fan cools you by moving air over your skin to wick away sweat, a process that accelerates dehydration and can actually radiate heat into your body if the air temperature is warmer than your skin. Even worse, rather than lowering the indoor temperature, fans give an “illusion of safety,” Dante Jester, the climate resilience program manager at the Gonzaga Institute for Climate, Water, and the Environment, told me, so people delay moving to a genuinely cool place or calling for help.
“People’s cooling strategies that they’ve used for decades in Spokane” — where more than 300 people were hospitalized during the 2021 heat dome — “aren’t working anymore,” Jester went on. “Historically, people would open their windows at night. They would go for a drive and run the AC with their kids in the car seats. They would run fans. But all of these things are becoming less and less efficient and more and more dangerous.” What’s more, as smoke becomes an increasing public health hazard due to the duration and intensity of the fire season, officials are more reluctant to tell people to keep their windows open for a cross-breeze.
How, then, to keep renters — who make up between 30% and 40% of the households in Washington and Oregon — safe? The answer: Incrementally. Though HB 2265 died in committee this spring, Democratic lawmakers managed to pass its sister bill, SB 6200, even during a short session dominated by efforts to balance the budget and debate over the Millionaires Tax. The Senate bill makes it illegal for a landlord in Washington state to prevent a renter from installing their own AC unit — that is, it is an access law rather than a habitability one.
“The statewide policy that passed [SB 6200] was actually based on the renter’s right-to-install ordinance that we helped pass in Spokane in 2024,” Jester said. “We thought of it at the time as a first step, or an on-ramp, to this greater goal of requiring residencies to be cooled.”
If the Spokane right-to-install AC ordinance was the on-ramp to statewide adoption, then the failure of HB 2265 could potentially be shrugged off as jumping the gun. That’s because activists in Spokane are now testing whether true right-to-cooling legislation can find a pathway forward via a local ordinance, which would make it a legal requirement for landlords to provide a way to keep their units under 80 degrees Fahrenheit, the same way temperature minimums ensure they provide heat in the winter.
Shandas, the Sustaining Urban Places Research Lab researcher, told me he conceptualizes the path forward for right-to-cooling laws in the Northwest as a three-step approach. The first stage is permission — laws like the 2024 ordinance in Spokane and SB 6200.
The second stage is recognition of extreme heat as an imminent public health threat. Though the now-dead HB 2265 would have been a big push toward requiring landlord-provided ACs in rental units, it didn’t do so explicitly; rather, it tweaked the state’s rental code to include cooling alongside heating as a basic habitability requirement. A bill like HB 2183, which also died during the 2026 session, would have further required Washington counties to develop and implement heat response plans, which gets at the bills’ larger purpose: to grapple with the fact that the housing stock, legal system, policies, electrical systems, and even emergency services in the Northwest are all designed for a cooler climate.
Though it feels like an in-between stage, recognition is especially crucial, James Moschella, the climate and health program manager at Washington Physicians for Social Responsibility, a health professional-fronted environmental advocacy group, told me. When paramedics respond to a case of heat stroke, for example, the first thing they often do is place the patient in the bathtub in their own home, along with everything in their freezer, to try to lower their body temperature as quickly as possible. “Ambulance response times during the heat dome were significantly down because of the way they have to treat people at their homes,” Moschella said. “As a result, by the time paramedics often got to a home, in many cases the person was already dead.” One small part of a comprehensive heat plan would be anticipating that problem, perhaps by staging more ambulances on a hot day.
The third stage is performance standards — that is, defining enforceable indoor temperature limits, like what Spokane is moving toward. “I think this evolution mirrors how heating standards developed historically in other parts of the world,” Shandas said. “Unfortunately, I think we need to be accelerating this much faster, going from stage one to three in a fraction of the time that it took lower latitude regions to go through.”
Because there are few examples of existing temperature maximum laws, though, policymakers and researchers in the Northwest are feeling their way forward mostly on their own. Even something as basic as what the maximum temperature should be requires ponderance, debate, and compromise. In Spokane, policymakers settled on 80 degrees. “It’s similar to how it was done for heating, that every habitable space needs to be able to get up to 65 [degrees],” Shandas said. “Some would say, Wow, 65 is really high for a cold day, can’t you get by with 60? And it’s like, sure, you can, but you’re trying to make policy for a very large, diverse demographic.”
Eighty degrees Fahrenheit, while generally safe for most populations, is the point at which the body may begin to feel the stress or undergo physiological responses that affect certain medications, such as antipsychotics. Still, Henning told me he’d advocated for an even lower limit given existing research on safe sleeping temperatures, which puts the range closer to 74 to 76 degrees, especially for seniors and the very young.
Implementation is also a topic of discussion. Housing advocates in Spokane wanted to go beyond a “right to install AC” ordinance, not just because they believe cooling deserves to be recognized as a legal habitability requirement like heating, but also because of the potential financial burden of acquiring, installing, and especially running an air conditioner. What’s unique about the Spokane ordinance, though, is that it sets an expected indoor temperature rather than mandating how that temperature is achieved. “The goal isn’t to force people to buy air conditioning,” Henning said, “but to provide spaces that are safe.” Maybe the 80-degree threshold could be maintained, for example, by shading building windows with trees.
Powerful landlord advocacy groups have generally opposed right-to-cooling movements on the grounds that they’re very expensive. (Multifamily NW, a landlord trade association and one of the major opponents of Oregon’s SB 54, and Rental Housing Association of Washington, which opposed HB 2265, did not respond to my requests for comment.) Retrofitting costs, electrical capacity, and grid stress are legitimate concerns, Shandas told me. “Even heat pumps,” he said, “are pretty energy-hungry appliances, and older multifamily residential homes might not have good insulation or windows,” meaning you could end up with the efficiency conundrum the Rocky Mountain Institute’s Amory Lovins has memorably likened to running an AC in a tent.
Other researchers were less sympathetic to this case. “Infrastructure costs money, and that’s what landlords are agreeing to when they choose to buy units and then have them paid for by other people,” Jester told me. “That’s how it goes: If you’re renting to people, it should be a requirement that it has to be livable, in my opinion.”
Who pays, though, is one of the major questions of climate adaptation. No one is arguing that extreme heat isn’t dangerous. But is it on tenants, landlords, utilities, or governments to front the costs of making their homes and communities livable?
The problem sounds daunting, put that way. And the pressure is on: By Shandas’ estimation, what happens in Spokane and Portland, and eventually at the state level in Washington and Oregon, “is really going to be the test case for what the legal right to cooling looks like” in the United States. Organizers and researchers in Massachusetts, New York, and Minnesota have already reached out to him about their own efforts to codify maximum temperatures into law. “These are all higher-latitude regions that are looking to the Pacific Northwest and saying, Holy crap, yeah, we have to get ready for this, because if it could happen in Portland and Seattle, it can happen anywhere. We were the bellwether,” Shandas said.
But next year will be another tight budget year in Washington, and while Democrats control the legislature, HB 2265 will need tweaks to get a broader coalition on board. “I think nobody was quite ready to move without a little bit more of a plan on exactly how we would define healthy temperatures and measure them,” Seng, of Spark Northwest, told me of its initial failure.
“Another piece is cost,” Seng added. “I think housing developers get pretty squeamish about new requirements like that.” Sure enough, landlords have successfully watered down temperature regulations elsewhere, including L.A. County, which last year approved a maximum indoor temperature of 82 degrees for rentals located outside city limits — albeit with plenty of exemptions and delays available for property owners. Landlord groups have also so far successfully staved off a California-wide temperature maximum law by pouring millions into lobbying efforts.
But even more than the usual happy warrior attitude typical of activists, the researchers in Washington and Oregon described the right-to-cooling laws as inevitable, given the climate. The question is whether a multi-stage approach or the fast-track pursuit of local ordinances, rather than the sluggish statewide process, will yield results soon enough. The heat dome baking Europe this week serves as an ominous reminder that extreme heat may return to the region at any time, and the Northwest has had only five short years since its wake-up call in 2021 to prepare.
But prepare it has. “The legal invention of cooling rights — that’s part of what I’m really excited to be alive right now to see,” Shandas said.
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Current conditions: Another atmospheric river is deluging the West Coast, this time in the Pacific Northwest • Dozens of U.S. cities notched record high temperatures in October • At least 11 of Thailand’s southern provinces are under emergency warnings for flooding and nearly 7-foot waves amid a surge of monsoon conditions.
The 31st annual global climate summit kicked off this morning in Antalya, a Turkish resort city on the country’s southern Mediterranean coast. Known as the 31st Conference of the Parties to the United Nations Framework Convention on Climate Change, or COP31, the event marks the second year in a row that virtually every nation on Earth will gather except the United States, after President Donald Trump withdrew the country from both the landmark 2015 Paris Agreement and from the larger global body shortly after his return to office last year. The biggest item on this year’s agenda, reports my colleague Emily Pontecorvo, is the “35x35” pledge, Turkey’s proposal to electrify 35% of the world’s final energy use by 2035. Today the world uses electricity for just 21% of end-use energy. As I reported last week, the latest projections from the Rhodium Group put the likely electrification rate worldwide at 28% by 2035.
Senate negotiators on Saturday released an update to the text of the bipartisan permitting reform deal, known as the “manager’s amendment.” The new version of the Bipartisan American Affordability and Jobs Act, or BAAJA, overhauls the provisions to make building transmission lines easier, addressing concerns that a proposal to allow federal and state permitting to begin at the same time threatens states’ power. It also adds benefits for power lines renovated with advanced transmission technologies to allow them to carry more electricity. “There’s something in these changes for everyone — environmentalists, tribes, utilities,” my colleagues Robinson Meyer and Jael Holzman wrote over the weekend, “but it remains to be seen if they put the bill into a Goldilocks zone.” Perhaps most importantly from a political perspective, the revised legislation veers away from some proposals Native American groups had called an infringement on tribal sovereignty. “Definitely not enough to satisfy all tribes — there are 575 across the U.S. — but nonetheless, notable and probably approaching something large tribes and tribes with significant interest in energy development can live with,” Julian Brave NoiseCat, a writer and the first Oscar-nominated Indigenous North American filmmaker, wrote in a post on X. Still, in a sign “that there’s real effort here to try to honor tribal consultation,” he noted that the manager’s amendment excludes the records tribes share with federal and state governments from Freedom of Information Act, which would “keep sensitive sacred sites from exposure.”
The chamber is scheduled to hold a procedural vote on the bill later today. Last night, Trump himself finally endorsed BAAJA, urging “all senators” to vote for the bill on Monday, calling it a “big win for U.S. energy independence and dominance” in a post on Truth Social.
Anthropic has struck a deal for 1.7 gigawatts of gas-fired engines to power its data centers. Valued at $3.4 billion, the Claude maker has agreed to help with engineering and construction to install the generators as part of the deal with San Antonio, Texas-based equipment supplier OnePWR Solutions, the Financial Times reported over the weekend. Anthropic stopped short of acquiring OnePWR itself, instead taking over the generator orderbook previously pledged to construction giant Caterpillar.
The deal got plenty of notice in the financial newswires, and yet the news was largely overshadowed in the artificial intelligence world by the blockbuster revelation that Jensen Huang, the chief executive of AI chipmaker Nvidia, had an extramarital relationship with a Chinese spy, prompting an investigation by his company’s board of directors.
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Jean-Luc Mélenchon, France’s far-left presidential hopeful and the No. 2 candidate behind the far-right Marine Le Pen, has pledged to shut down the 18 nuclear power plants that provide the overwhelming majority of the country’s power and render its grid one of the cleanest in Europe. “We advocate a mixed economy guided by the ecological imperative,” Mélenchon said in a speech Saturday, in which he also promised to send French warships to Gaza to confront the Israeli military head on. The current nuclear power program, he said, “is dangerous, costly, and risky. We will abandon it.” Instead, he said, France would generate all its power from renewables, buttressing wind and solar with as-yet-unproven wave and tidal power technology. “If you criticize nuclear power in the same breath as you promote marine power, your policy isn’t a clown but rather the entire circus,” Seaver Wang, an oceanographer turned energy expert at the Breakthrough Institute in the U.S., wrote in a post on X.
Meanwhile, a political crisis in remote Paraguay has cast one of Latin America’s more promising would-be nuclear newcomers into uncertainty. Just last week, a source familiar with U.S. government plans to export nuclear technology told me Paraguay was near the top of the list of countries looking to set up a civilian nuclear program under Washington’s guidance. The two nations signed a memorandum of understanding in August, and U.S. Deputy Secretary of State Christopher Landau visited the country just last month as part of a trade delegation. Whether the landlocked South American nation bought reactors or not, Asunción had plans to ramp up mining of uranium and titanium, Mining.com reported. But President Santiago Peña’s abrupt resignation Thursday amid the collapse of Ueno Bank appears to bring any further progress to a halt, at least for now.
China’s registrations of new wind and solar projects fell over 11% in September compared to the previous month as the number of distributed renewable projects dipped. The country registered 3,536 solar projects and 15 wind projects that month, versus 3,972 solar and 29 wind projects in August, according to a Renewables Now analysis of official government data. That isn’t to say solar is slowing down. Newly registered utility-scale solar projects more than doubled to 53 in September from 23 in August.
Democrats’ strategy of finding candidates with strong local appeal continues paying off, even on the most down-ballot of races. Over the weekend, the Associated Press declared Democrat Brian Matlock the winner of the Arizona Mine Inspector race. With a white handlebar mustache, he certainly looks the part of the Southwestern mine inspector if ever there were one.
A new version of the bill strives to address environmental and tribal concerns while strengthening some of its transmission provisions.
We now have the updated final text of the bipartisan Senate permitting deal. Will it be enough to get the bill across the finish line?
On Saturday morning, senators released a reworked version of the Bipartisan Affordability and American Jobs Act. This version, known as a “manager’s amendment” under parliamentary procedure, aims to address many of the concerns and criticisms raised about the bill and will become the official legislative text that ultimately gets a vote in the Senate. There’s something in these changes for everyone – environmentalists, tribes, utilities – but it remains to be seen if they put the bill into a Goldilocks zone.
Let’s walk through some of the most significant changes. There are a lot of changes, and we’re sure people will spend the coming weeks poring over them, but here are a few key ones.
The amendment preserves — and even strengthens — many of the bill’s most important (and praised) transmission provisions, while addressing and easing some of the loudest Republican criticisms of the bill.
The new text leaves the bill’s core transmission mechanisms intact: Every grid region will have to run a long-term planning process with its neighbors, overseen by the Federal Energy Regulatory Commission, focused on how it can build more interregional lines. The bill lays out how these new power lines should be paid for, via a cost allocation formula that says customers who benefit from the lines need to pay for them. And it creates a new federal siting backstop, which allows the federal government to step in and approve the route for a line if a state has refused to do so.
The amendment deals with one of the provisions that faced the most criticism from former Republican regulators and ends one — but not all — of the bill’s mandates for vertically integrated monopoly utilities, which are largely in the Southeast.
In return, it strengthens the bill’s federal backstop siting provision for transmission lines, and it makes the overall bill more useful for transmission developers. It also clarifies that transmission developers can use some of the bill’s expedited powers without needing to use all of them.
“I think there’s some really good improvements in [the new text], and they provide more flexibility for more types of projects to go through,” said Rob Gramlich, a longtime advocate of federal transmission reform and the president of Grid Strategies, a power sector consulting firm.
In the original bill, a transmission developer could apply for state permits and the FERC federal backstop permit at the same time. A former Republican FERC Commissioner Mark Christie had savaged that provision, arguing recently in Utility Dive that it “effectively renders the state proceeding meaningless, and states will perceive it exactly that way.”
Now, for some advocates, rendering the state process moot was the whole point. But it also wasn’t clear whether developers would ever actually go to FERC and states simultaneously. Doing so would shove a finger in the eye of state regulators, essentially telling them, “We can do this the easy way or the hard way.” The amendment removes the possibility of a simultaneous process; now developers must go to states for a year before they apply for the federal backstop.
The new version of the bill also exempts vertically integrated utilities that aren’t in an electricity market from an otherwise mandatory new process that will require utilities to plan their long-term transmission and their power plant expansion at the same time. That new process is inspired by the planning process used in the Southwest Power Pool, a Midwestern electricity market Midwestern grid.
The Southeast’s monopoly utilities, which are vertically integrated and don’t participate in a regional transmission organization, had disliked that provision, and it wasn’t clear the bill as written actually worked for their operations. That requirement has now been removed from the bill. Utilities won another victory by preserving existing rights of first refusal to build transmission infrastructure in federal law.
But they didn’t win every fight. These utilities will still be subject to the mandate requiring them to participate in an interregional planning process for transmission.
And the utilities will remain subject to a provision, particularly praised by anti-monopoly advocates, that allows states and FERC to exercise oversight over local transmission projects that can drive up electricity costs. The new bill clarifies that state public utility regulators are responsible for asking FERC to investigate these types of projects, and that a utility can invite scrutiny even if it’s replacing an old line, not just building a new one.
“I am relieved that the section survived generally, given what a target this was for utility lobbying. It was strengthened significantly by covering replacement of local facilities in addition to new-build,” David Pomerantz, the executive director of the utility watchdog the Energy and Policy Institute, said in a statement.
In return, Democrats secured a few big changes in the bill that could benefit transmission developers. First, transmission projects will now be able to use the bill’s cost allocation formula even if they don’t use the federal backstop authority. Second, transmission developers will be able to use the bill’s cost allocation formula for only part of their projects.
This makes the bill better in a few ways for transmission developers. First, a developer could get a route entirely approved by the states without having to come up with a new way to pay for it — they can use the formula that’s already in the bill. It also means a power line could use the formula to monetize one of its benefits to the grid without using them all. That could sweeten the economics for projects meant to, say, arbitrage power between two regions, allowing it to make money off its reliability benefits without altering its broader economics.
The amendment also clarifies that the new federal backstop siting authority applies to state-owned land. That closes a potential loophole in which a state government could acquire land from a property owner in order to block a federally approved project from getting built.
The bill also makes some technical changes to the 230-kilovolt floor for projects that can use the federal backstop. It establishes that a line using advanced conductoring technology — which generally allows more electricity at lower voltage — can use the backstop even if it’s not at least 230 kilovolts. But it must have a throughput roughly similar to what a conventional line of 230 kilovolts would have.
The amendment also makes it clear that a utility can’t decline to upgrade a piece of infrastructure — even one at lower voltage — in order to block a transmission line. In 2021, the utility NextEra had fought a major power line in Maine because it required the utility to upgrade a single power circuit at its Seabrook nuclear plant in New Hampshire.
These provisions broadly strengthen the most popular parts of the bill and may address some concerns from southeastern utilities, which could have torpedoed the bill in the House of Representatives.
At the same time, new text attempts to assuage opposition in both the environmental and tribal advocacy spaces, and it’s undeniable that on first blush, the manager’s amendment does address complaints from those camps about the bill. But as we’ll explain however, it’s unclear if this will be good enough for either community to lay down their arms.
First, Senate negotiators clearly took complaints about the “project certainty” provision seriously, including by dealing with language that would allegedly protect unlawful actions. Under the new bill text, agencies will be explicitly allowed to revoke or alter permits “in response to an order by a court”. The prior text of the bill did not grant federal agencies this explicit jurisdiction and said it could only rely on court orders to make those permit changes if a judge required it. As our colleague Emily Pontecorvo recently wrote, some environmental lawyers were concerned that this original text would inadvertently protect individual permits granted under policies that violated the law.
Other changes are similarly geared towards addressing complaints in the environmental legal space. The original text of the bill allowed companies to sue the federal government for “disparate treatment” against their industry, which would theoretically assist renewable energy companies gain legal leverage against the Trump administration’s permitting freeze. However, the old text used a 5-year baseline of past projects for determining “disparate treatment,” which could mean the president’s anti-wind and pro-fossil actions weren’t built into the baseline. The new bill extends that baseline to 10 years, potentially diluting the influence of Trumpian permitting practices over the next administration.
New language would explicitly stipulate that court settlements brought under these lawsuits must be approved by a court, an apparent nod to claims from critics that this provision could encourage more offshore wind buyouts.
The new text also cuts out or modifies reforms to the National Historic Preservation Act geared towards addressing complaints from Native American tribes. It strikes a controversial attempt to define “property of traditional religious or cultural importance” that was in the original text, and it eliminates a much-maligned provision that would let the Interior Secretary assume the role of a tribal historic preservation officer in certain cases.
These changes were insufficient to thaw the bloc of tribes opposed to the bill. The 106 Coalition, a group of tribal organizations including the National College of American Indians, sent a statement to media saying they’ll still oppose the bill and want the entire section of NHPA changes removed. The leader of the Coalition of Large Tribes, which has pushed for technical fixes to the bill but not opposed it outright, said in a statement it was “grateful to see many positive changes for tribes” but added there was “still room for improvement.”
Lastly, the new version of the bill adds another provision to address concerns that it doesn’t do enough to address the national backlash to data centers, which opponents have argued is necessary.
As we’ve explained, the bill already would create the toughest measure against data centers ever enacted – a ratepayer protection program that would let states and utilities require data centers to pay full freight for system upgrades. And now the bill would additionally create a new federal Data Center Community Assistance Program within the Energy Department whereby local communities could request assistance from agencies to get information and technical expertise on how data centers work and what impacts specific projects could have on their areas. The language mirrors legislation introduced last month by Sens. John Curtis of Utah and Lisa Blunt Rochester of Delaware.
Such a program could be a big deal. But it’s important to emphasize that the text leaves a lot of details to be worked out. It does not say how this program would be set up within the Energy Department and the provision does not explicitly lay out funding authorization language.
The amendment also closes a loophole that might have allowed data centers with behind-the-meter natural gas power plants to profit by selling excess power to the grid. The original bill contained a provision meant to force grids to allow more residential batteries or the creation of virtual power plants. But that provision, as written, could have applied to behind-the-meter gas plants at data centers. The new text clarifies that the requirement only applies to resources below 5 megawatts, which is smaller than a data center power source.
It remains to be seen whether these changes and the myriad other tweaks to the bill’s project certainty and historic preservation titles will win over lawmakers previously hesitant to vote yes.
The Wilderness Society, whose president is Tracy Stone-Manning, Biden’s former director of the Bureau of Land Management, released a statement shortly after the new bill text was released reaffirming its opposition. “Americans deserve permitting reform that isn’t crafted behind closed doors and rushed to the Senate floor,” Manning said in a statement. Meanwhile, House Natural Resources Jared Huffman provided comments to Punchbowl News reacting to the text that said some of the changes to the permit certainty provision represented an “improvement” but “we could improve it further in this and other areas with a hearing and a more open negotiation process with more Democrats in the room.”
It’s unclear these voices would ultimately ever support this bill. “Manager’s [amendment] does a good job of accounting for the stated concerns of anybody looking to get to yes,” Liam Donovan, a veteran GOP political strategist, wrote on the social network X.
The Senate is scheduled to vote Monday on a motion invoking cloture – ending debate – on the permitting bill, per the Senate cloakroom. The motion will require at least 60 votes to pass. Senators are probably hoping for far more than 61 votes though, because as we’ve explained, House legislative rules may require overwhelming bipartisan support to get the measure to the president’s desk.
The “35x35” electrification pledge and an AI pledge are on the table.
World leaders are flocking to the Mediterranean resort town of Antalya, Turkey, this weekend for the 31st United Nations Climate Change Conference, also known as COP31. The U.S., of course, will once again not attend, as President Trump not only withdrew the country from the Paris Agreement but also from the United Nations Framework Convention on Climate Change, the umbrella group that organizes the annual conferences. Still, 194 other governments will be there, putting their heads together on how to move another few inches toward a safer future.
This year, as with the last several convenings, the meeting arrives against a backdrop of geopolitical instability, worsening climate impacts, and growing concern about energy security and affordability. While conflicts like the Iran war in some ways bolster the case for the energy transition by surfacing the risks of fossil fuel dependence, prioritizing energy security can manifest as countries turning inward and showing less willingness to work for the global good.
Perhaps the biggest item on this year’s agenda is the “35x35” pledge, Turkey’s proposal to electrify 35% of the world’s final energy use by 2035, up from about 23% today. That would mean switching from gas-powered cars to electric vehicles and from burning fuels for heat to electric heat pumps. It would not necessarily mean generating all of the electricity to power those devices from clean sources, although countries have committed to triple renewable energy capacity during previous COPs. Turkey itself does not have a plan to phase out fossil fuels, and its use of coal and natural gas-fired power plants has been growing alongside renewables.
It’s not yet clear whether Turkey will encourage countries to sign onto the pledge outside of the main negotiations or try to get it into the final decision text of the conference. In a twist, the conference has two countries sharing the presidency this year, with Turkey playing host and overseeing the “action agenda” — the announcements, commitments, and dealmaking that happen outside the official negotiations — and its co-chair, Australia, mediating the formal talks.
In addition to the electrification goal, Turkey is also inviting countries to sign an artificial intelligence pledge declaring a “shared ambition to make AI part of the climate solution — sustainably powered, efficiently designed, transparently measured and available to all.” The pledge has no teeth, however, as it explicitly states that it creates “no new obligations” and notes that it should be implemented according to national priorities and circumstances.
Although there will be no big agreement like there was in Paris in 2015, the two weeks of talks will end, per usual, with a consensus document that summarizes the outcomes of the negotiations. The final text from last year’s conference in Belém, Brazil, set a new goal to triple finance for climate adaptation by 2035. Countries also agreed to create a “Just Transition Mechanism,” a program to help fossil fuel-based economies navigate the socioeconomic consequences of shifting to clean energy. But the final text at COP30 did not ultimately mention the creation of a roadmap to transition away from fossil fuels, despite more than 80 countries supporting the idea, and didn’t, in fact, mention “fossil fuels” at all.
Much of the work this year will be about building on those outcomes. The climate adaptation finance goal, for example, is still fuzzy, as the parties did not agree on a baseline year from which to triple the funding, or define what types of finance count toward the goal, meaning it’s unclear what the actual target amount for 2035 is. The Just Transition Mechanism is similarly skeletal — negotiators will need to hammer out how to operationalize it into something useful. Countries are also supposed to make progress on the Global Goal on Adaptation, an as-yet ill-defined goal first established in the Paris Agreement that negotiators are still working out how to implement.
Then there’s the overarching theme of finance. As I’ve written in the past, every annual climate conference is ultimately a fight over money — specifically how much developed countries are sending to developing countries to help them fight climate change and respond to its effects.
To date, countries have agreed to mobilize $1.3 trillion annually in climate finance from all sources for developing countries by 2035, with $300 specifically coming from developed countries. Climate finance reached record levels in 2024, the most recent year with comprehensive data, with total global flows hitting $2 trillion and funding from developed to developing countries reaching $136.7 billion.
But progress is uneven. Only 2% of global investment in renewable energy over the past two decades went to Africa, said Brian Mukhaya, a senior manager on the Clean Air Task Force’s Africa team, during a recent media briefing. Finance challenges may also collide with the conference’s electrification goal. More than 550 million people in sub-Saharan Africa lack access to electricity, Mukhaya said, and the continent will need seven to eight times current investment levels to achieve universal electricity access by 2030. Also, while the rising cost of capital is becoming an impediment to building clean energy projects everywhere in the world, the problem is acute in Africa, where the average cost of capital for power-sector investments is three to five times higher than in Europe and North America.
At COP31, negotiators will try to make progress on questions such as what form climate finance should take (grants, concessional loans, private finance, etc), how it can be more effectively distributed, and what it should be used for.
Another question hanging over this year’s conference is whether the final text will acknowledge the likelihood of surpassing 1.5 degrees Celsius of warming above pre-industrial levels, the more ambitious target laid out in the Paris Agreement. Last year’s decision text contained a tacit admission, with countries resolving to limit “the magnitude and duration of any temperature overshoot.” Doing so requires a more serious discussion of carbon removal strategies than delegates have engaged in to date.
With the world seemingly careening past the 1.5 degrees target, the annual climate talks have lost some of their luster. Critics increasingly call for a new approach. Ani Dasgupta, the president and CEO of the World Resources Institute, for example, wants the COPs to center more on accountability and holding countries to their commitments. He also recommends developing a new decision-making process that does not allow a handful of countries to block decisions. Since the substance of the negotiations is becoming more and more about how to finance the transition, he argues the conference should also broaden its tent to bring in finance ministers and central banks.
“Where we are today is different from 1992 when COPs were set up,” he said during a recent press call. “The world is different. The broader needs are different. We are at a different place in the transition. And we actually haven't reformed the system.”