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Everything you need to know — including one big (potential) drawback.

The humble water heater, like your fridge or septic tank, is the type of home technology that you only notice if and when it breaks. For most homeowners, that’s every 13 years. But if you’re on a mission to decarbonize your life, you might want to rethink your current set-up, and perhaps consider a makeover. Per the Department of Energy, water heating accounts for roughly 18% of the average household’s energy use, making it the second largest energy expense in any home.
Back in April, the DOE released new residential water heater standards that it says will save American households approximately $7.6 billion per year on their energy bills “while significantly cutting energy waste and harmful carbon pollution.” The standards will also, in effect, phase out electric resistance water heaters, which currently account for half the U.S. market, in favor of more energy-efficient heat pump water heaters by 2029. If any of that confuses you, read on. We’re breaking down everything you need to know about this oft-forgotten, basement-dwelling home technology, from the taxonomy of water heater types to tax credit and rebate tips to product recommendations.
Andy Meyer is a senior program manager at Efficiency Maine, an independent agency that implements energy efficiency programs in the state. His team is responsible for providing resources on heat pump water heaters to Maine residents, who buy one out of every 10 purchased in the U.S.
Ben Foster is vice president of operations at Barnett Plumbing & Water Heaters, a leading heat pump water heater contractor in California. He’s also developed loaner water heater programs supported by TECH Clean California, and notes that most contractors don’t have access to loaner programs:
Joseph Wachunas is a senior project manager at the New Buildings Institute, a nonprofit working to reduce emissions and deliver climate solutions through the built environment. At NBI, he heads up the Advanced Water Heating Initiative, which aims to decarbonize water heating through heat pump water heaters.
“Heat pump water heaters are simple to install — any plumber or handy person can do it — but plumbers may not be familiar with them. So if you talk with a plumber who has concerns, consider calling another plumber,” Meyer told me. “Again, Mainers have installed over 70,000 in the last 12 years. They are no longer new.”
A heat pump water heater is made up of a compressor, storage tank, condenser, evaporator coil, fan, backup heating elements, and refrigerant. The compressor, located in the upper compartment of the water heater, uses refrigerant to heat the water in the storage tank (via the condenser, which acts as a heat exchanger). The evaporator coil and fan work to change refrigerant from liquid back to gas after the water has been heated. The backup electric heating elements kick in only in periods of high demand to ensure consistent hot water supply.
A common misconception about heat pumps in general is that they don’t work in colder climates. This is not at all the case — half of electric water heaters in Maine, for instance, are now heat pumps. As long as they are installed indoors and in an area where pipes won’t freeze (typically, a basement), heat pump water heaters work throughout the year in all climates, according to Meyer and Wachunas. The rule of thumb, per the DOE, is to install your heat pump water heater in locations that remain in the 40 degree to 90 degree Fahrenheit range year-round.
Per the DOE, replacing your standard electric water heater with a heat pump water heater can save you up to 10% on your electricity bill, reducing your water heating energy consumption and costs by up to 70%.
The number one mistake homeowners make when it comes to their water heaters is waiting until they’re broken to replace them. This severely limits your options for new water heaters — as Foster notes, no one “wants to go days without hot water, let alone weeks,” and it can take weeks or even months to fit your home for a heat pump water heater. (We’ll get into why a bit later.)
“A lot of contractors, if you want a heat pump and you have a leaking water heater that needs to be replaced today, they're just going to convince you to go with gas,” Foster said.
Some contractors have loaner water heater programs, so you can temporarily use a gas heater in an emergency situation, but these programs are few and far between. If you’ve had your water heater for 10 years or more — even if it’s working just fine — it might be time to think about replacing it. If you do, you’ll need to consider a few things about your home and lifestyle, especially if you’re considering a heat pump water heater:
Heat pump water heaters require a significant amount of space. Per Pacific Northwest National Laboratory, heat pump water heaters can require more than 6 feet of height clearance to account for their air filters, as well as a 3-foot diameter space to provide clearance for the drain pan and other connections. Additionally, the heat pump water heater should be positioned so the exhaust outlet is at least 8 inches away from a wall, door, or ceiling.
Also, since heat pump water heaters work by drawing heat from the surrounding air, they require 700 cubic feet of unenclosed space surrounding the water heater location. While it is possible to install a heat pump water heater in a location with insufficient air volume (for instance, by installing the water heater with a door equipped with top and bottom grills), this would require extra work from your contractor. Taking all these measurements into account, this basically means that a heat pump water heater requires a 10-foot by 9-foot room with an 8-foot-tall ceiling.
Heat pump water heaters also require monthly and yearly service, Meyer told me. You should change the water filter every two to six months, and clear the condensate lines to ensure your unit doesn’t get clogged with mold or bacteria. Additionally, if your unit is a hybrid, you’ll have to keep an eye on its anode rod, which can become corroded over time and lead to heating issues. You’ll have to flush your heat pump water heater annually to avoid corrosion.
If you’re going to DIY it, understanding your household’s water needs is key to sizing and installing a new heat pump water heater. First, determine your house’s peak hour demand (the maximum amount of water your house uses in one hour per day) using this worksheet from the DOE. You can then use that number (measured in gallons) to determine what size heat water heater to buy — look at the heater’s first hour rating, a.k.a. the amount of hot water the heater can supply per hour, starting with a tank full of hot water. You’ll want your heater’s first hour rating to be equal to (or ideally, higher than) your peak hour demand.
Though you should use the worksheet to determine your unique peak hour demand, a general rule is that households of one to two people should use a 50-gallon water heater, while households of three or more people should use a 65- to 80-gallon tank. The average family uses 50 gallons of hot water per day, Wachunas explained. “So even if you have lots of showers in the morning, your heat pump in two to four hours will heat that water back up and you have plenty of extra supply.”
If you’re between two sizes of heat pump water heaters, always upsize, Foster said. This ensures that the heat pump is the primary source of heat, as opposed to the much less efficient backup electric mechanisms. In other words, it’s far more efficient (and less expensive!) for a larger heat pump water heater to heat a few extra gallons of water using the heat pump than it is for a smaller heat pump water heater to have to use its electric elements to keep up with excess demand.
Since many heat pump water heaters have certain voltage requirements, you may have to upgrade your electrical panel for 240-volt hardwired service. The cost and time involved in having your service upgraded can vary and depends on whether the power lines coming into your house are above ground. If they’re underground, Foster explained, a contractor will have to excavate and run new cables, which can take over a year. The best way to determine if you’ll need to upgrade your service is to have a trusted contractor do an assessment on your home. (This is also why it’s essential to plan in advance.)
Basements are always the best places for heat pump water heaters, regardless of climate. Other common locations for installation include garages, interior rooms, and rooms outside the thermal envelope, like attached sheds and utility rooms. The garage does not have to be insulated if outdoor temperatures are usually above 50°F, but if temperatures dip below freezing and the garage is uninsulated, it’d be best to consider another location. Interior rooms, like laundry or IT rooms, are a great choice because a heat pump water heater can utilize any waste heat generated by the equipment in the room. Finally, rooms outside the thermal envelope, like attached sheds, can be even more efficient than interior spaces in hot or warm climates because of the excess hot air.
Feeling ready to go shopping? Here’s everything you need to know about the buying and installation process.
This plug-in model caused quite a stir when it came out two years ago, and for good reason. Its low voltage allows it to be plugged into a standard outlet, making it a great fit for smaller homes with fewer residents, or anyone in need of a quick fix. (This is also a relatively foolproof choice for DIYers because of the quick and easy installation process.) For those wanting a model with a bit more flexibility but still an easy install, there’s the A.O. Smith Signature 900 Plug-in Hybrid, which is more expensive but has the added benefit of back-up electric resistance elements that help with higher hot water demand. Alternatively, you can go for the 120-Volt Rheem ProTerra Plug-in Water Heater with HydroBoost, which utilizes a mixing valve for maximum hot water output.
If app functionality is especially important to you, Rheem’s ProTerra line might be particularly appealing. The EcoNet app allows users to monitor the hot water heater from their phone, with status updates on potential leaks as well as compressor health, hot water availability and the unit’s set water temperature.
Another solid choice for larger families, for roughly the same price, is A.O. Smith’s Signature 900 80-Gal. For further durability, consider Bradford White’s Aerotherm Series water heaters, which can only be purchased through a qualified contractor, but are frequently praised for their resilience and anti-microbial technology.
Split-system heat pump water heaters are the answer for truly huge houses, where the heat pump itself is outside while the storage tank remains inside. “You can chain together as many heat pump units as you want with as many storage tanks as you want,” Foster said. “So you can create as big a system as you want.” While split-system heat pump water heaters are much less widely-available in the U.S. than they are in Asia and Europe, you can purchase this one online. SANCO is also shipping a new fifth generation unit soon, Quit Carbon advises, which may prove more cost-effective and will qualify for more rebates in California.
The quietest HPWH on the market, at 45 decibels, is made by A.O. Smith, according to Foster. It’s available in 50, 65, and 80 gallon sizes, so it can accommodate a variety of household types. Another quiet option is LG’s Inverter Heat Pump Water Heater, though LG is much newer to the heat pump water heater game than Rheem and A.O. Smith, so it may be more difficult to find qualified contractors.
Three more expert contractors I spoke with — Nate Adams, a longtime HVAC insulation and sealing contractor in West Virginia who specializes in electrification retrofits for homeowners; John Semmelhack, an HVAC consultant and the owner of Think Little, a building science consulting firm specializing in mechanical system design for passive house and net-zero energy homes; and Tim Portman, the owner of Portman Mechanical, specializing in electrification, heating and cooling, and home performance — had concerns about heat pump water heater installations.
Adams said heaters he’s installed have had a 50% failure rate, while Portman and Semmelhack cite a 60% failure rate. These issues have seemingly cropped up after 2018 and are almost entirely occurring with A.O. Smith and Rheem’s fifth generation of water heater models; older generations performed and continue to perform much better. “All my installs from 2014-2018 are still running to my knowledge,” says Adams. “Which is a big part of my frustration— we had this figured out already.”
The specific causes of these failures vary, spanning from tanks bursting to heat pumps losing charge, according to Adams. Semmelhack and Portman, meanwhile, pointed mainly to refrigerant leaks and compressor issues. (A.O. Smith and Rheem did not respond to requests for comment.) “All of the failures are happening inside the first year of operation,” noted Semmelhack. “So it's happening pretty quick, which makes us think that it's a factory problem and not an environmental problem inside the household.”
Semmelhack and Portman are hopeful about Cala’s new heat pump water heaters, which use an AI-powered control system to forecast hot water demand and heat the water in the tank accordingly with a heat pump. They’re aiming to start shipping those units in 2025, and you can preorder and learn more here.
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The fundraise comes on the heels of a $50 million grant from the Department of Energy.
Almost all lithium-ion batteries on the market rely on graphite for their anodes, more than 90% of which is processed in China. That concentration has created a chokepoint in the Pentagon’s supply chain as the military increasingly turns to batteries to help its transportation network operate more quietly and reduce reliance on complex refueling logistics.
So when Congress passed the latest National Defense Authorization Act at the end of 2025, barring Chinese-linked battery materials from military use starting in 2028, Coreshell saw an opening. While the California-based silicon-anode battery startup had previously focused on automakers as its beachhead customers, it’s now shipping its first battery cells to the military for use on Navy ships and Army ground vehicles. On Wednesday, Coreshell announced a $30 million Series B to scale up manufacturing operations to meet the needs of this growing customer base.
“We’re entering a new stage where we’re no longer, I would say, demand limited,” Coreshell’s CEO Jonathan Tan told me. “This year we’ve had to put on second and third shifts, work nights and weekends, just to get the product out the door.”
Coreshell sets itself apart by going a step further than the NDAA requires. The law doesn’t make suppliers trace battery materials all the way back to the mine, which would be exceedingly difficult given China’s dominance across the battery supply chain. But Coreshell has nevertheless eliminated Chinese sourcing from its anodes by replacing graphite with silicon mined and refined in the U.S. by Ferroglobe, one of its Series A investors.
Ferroglobe and global investment firm Access Industries led the latest round, with defense contractor ADS also joining as a new strategic investor. The financing comes on the heels of a $50 million Department of Energy grant that Coreshell secured in August as part of a program to strengthen the domestic battery supply chain. That funding will support the company’s first commercial-scale facility, a 2-gigawatt-hour factory.
That’s about 20 times the size of the 100-ish-megawatt-hour plant the startup had originally envisioned, as the DOE grant has allowed Coreshell to “expand much further than we were originally expecting,” according to Tan. The company is now evaluating several potential U.S. sites and expects to announce its selection early next year. For now, it relies on unnamed contract manufactures, along with its small pilot line in San Leandro, to produce its cells. But once the gigafactory gets up and running, the startup plans to bring electrode production in house by 2028, followed by full cell assembly in 2029.
Building this plant will ultimately require significant additional capital. But Tan believes this latest vote of confidence from the federal government will help Coreshell to diversify its capital stack as it continues to fundraise. “That’s one of the great things about having such a notable DOE award is that it also allows us to attract multiple forms of capital,” he told me.
Silicon has long been recognized as a promising alternative material for battery anodes, as it can store far more energy than graphite. The catch is that it tends to swell during charging, causing it to break down quickly and ultimately leading to a much shorter cycle life. Coreshell says it’s extended its anode’s lifespan by giving it a proprietary coating, which Tan told me back in April essentially means “painting the inside of your battery” with an ultra-thin protective layer.
Other companies, such as Sila Nanotechnologies and Group14 Technologies, are also working to commercialize silicon anodes. But Coreshell says many of its competitors rely on more highly engineered, expensive forms of silicon, such as silane gas. By contrast, Coreshell uses metallurgical silicon, a cheap, raw commodity already widely used in aluminum alloys. That, Tan argues, gives the company a cost advantage not only over its competitors, but potentially Chinese graphite too.
Coreshell hasn’t yet demonstrated that its cells can meet the performance demands of the automotive industry, however. When the company raised its Series A in early 2025, it said it expected its automotive cells to exceed 1,000 charge cycles while retaining 80% of their original capacity. But Tan told me many defense applications don’t require such demanding performance targets, as Navy ships and ground vehicles are “not intending to have as many miles or missions or use cases on that same battery” as a consumer EV would.
That doesn’t mean the company is abandoning its automotive ambitions. As Tan pointed out, electric vehicles remain by far the largest source of global and domestic battery demand. “It’s natural for us to obviously utilize the security supply chain first,” he told me. “That allowed us to really get to commercialization, revenue, and production faster, because automotive qualification is this longer journey. But ultimately, we want to do both of those and more.”
Current conditions: A large storm is roaring across the Northeast that will shower Michigan and Upstate New York with rain and snow by tomorrow • AccuWeather declared an early end to the 2026 Atlantic hurricane season, which saw 10 named storms and only one hurricane in October, breaking a 121-year record for the latest first hurricane • It’s a mild, cloudy day at the Rethondes Clearing in France’s Forest of Compiègne, where the armistice that ended World War I was signed 108 years ago today.
Inflation is ticking up again, and faster than expected. That’s my colleague Matthew Zeitlin’s read on the latest numbers from the Bureau of Labor Statistics. Preliminary data from Heatmap and MIT’s Electricity Price Hub shows that electricity prices in particular spiked nearly 8% to 19.9 cents per kilowatt-hour in October from 18.5 cents in the same month last year. But that’s largely due to a change in the timing of a bill credit in California. Without that, the year over year price jump was just under 4%.

Ontario Power Generation, the state-owned utility in Canada’s most populous province, admitted in a public filing Wednesday that its megaproject to build the first small modular reactor in the rich world is costing a lot more than planned. The company is constructing the world’s first BWRX-300, the flagship reactor from GE Vernova Hitachi Nuclear Energy, at its Darlington plant. The project is an attempt to revive construction of atomic power stations in North America, Europe, and Japan by building the inevitably costly first-of-a-kind unit that can then be replicated at what the developers say will be a decreasing price. Using billions in Canadian ratepayers’ money to essentially de-risk an American-Japanese technology ruffled some feathers among the country’s nuclear boosters, who told me last month they want to see Ottawa approve construction of more of the Canucks’ homegrown reactor. In its latest earnings report, OPG said the BWRX-300, known as DNNP Unit 1, “is no longer expected to achieve the previously disclosed commercial operation date target of October 2030 or be completed with the previously disclosed estimated cost of $7.7 billion.”
Amid a flurry of funding cuts in the early days of the current Trump administration, the Department of Energy canceled an $87 million grant to the green cement startup Sublime Systems. In response, the company sued for damages. This week, the Somerville, Massachusetts-based firm filed legal documents accusing the agency of “refusing to comply with its basic discovery obligations and the schedule” for the case.
“The government has repeatedly delayed responding to Sublime’s discovery requests, and now the government is refusing to even meet and confer with Sublime until some indefinite date in the future,” read the joint status report filed with the U.S. Court of Federal Claims. “The upshot is that, as of today, the government has not produced a single document in response to Sublime’s requests for production (served nearly two months ago), it has provided no timeline by which productions will be completed, and it is refusing to search for core documents related to the May 2025 mass termination at the heart of this case.”
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The Energy Department’s Office of Energy Dominance Financing, formerly the Loan Programs Office, closed a $480 million loan for a Texas-based company’s effort to modernize and boost production from 22 offshore oil and gas platforms in the Gulf of Mexico. Arena Energy, the Woodlands, Texas-based company behind the initiative dubbed Project Elkhorn, said that the initiative will add 38,600 barrels of oil per day and up to 77 million cubic feet of natural gas per day to U.S. energy output.
“The United States is the world’s largest producer and exporter of oil and natural gas, and thanks to President Trump, American energy production will continue to grow,” Secretary of Energy Chris Wright said in a statement. “By providing financing for projects like Project Elkhorn, the Energy Department is expanding domestic production and strengthening our energy security to power American prosperity for decades to come.”
QuantumScape emerged years ago as the frontrunner in the race to commercialize solid-state batteries that last longer, charge more quickly, and function better under harsh conditions than liquid-based lithium-ion packs. On Wednesday, the San Jose, California-based startup unveiled what it called in a press release its “next-generation open platform for all-solid-state batteries.” Dubbed Osprey, the cells “deliver the world’s first public data demonstrating a sulfide-based cathode cycling 1,000 times under just one atmosphere of pressure.” In other words: “an unmatched capability that is necessary for automotive solid-state batteries.”
“Osprey is a next-generation platform that is built on our same core technology, the ceramic separator and anode-free design,” Siva Sivaram, QuantumScape’s chief executive, told me in an email last night. “It will allow us to provide the unique benefits of our ceramic separator to developers of all-solid-state batteries using sulfide-based cathodes.” The company plans to start mass producing its cells in 2028, he said.
Bill Gates boasts that he has committed more of his fortune to fighting climate change than virtually any other rich man in the world. But a new investigation by ProPublica found that he’s ramped up his investments in a landfill company, Republic Services, that spews millions of tons of greenhouse gases into the atmosphere. “It seems very likely that Bill Gates has the power to influence Republic’s behavior to make it more climate-friendly, even if that costs the company profits,” Ann Lipton, a legal scholar who studies corporate governance at the University of Colorado, Boulder, told the outlet.
One of the bill’s Democratic co-authors speaks about the bill’s outlook in Congress, what it means for clean energy and data centers, and why the president it helps most won’t take office until 2029.
The bipartisan permitting reform bill took a big step toward becoming law last night, when more than 70 senators voted to advance it past a key procedural hurdle.
About 12 hours later, I sat down at a Heatmap breakfast event in Washington, D.C. with one of its Democratic coauthors: Senator Martin Heinrich of New Mexico.
Heinrich and I have spoken about permitting and power lines repeatedly over the past year, but what were once niche issues in the space — such as when and whether a president can revoke an energy project’s permits — have turned into major disagreements within and between environmental groups, the clean energy industry, and liberal lawmakers.
At the same time, Heinrich is on the verge of a major climate policy victory with the bill, which would finally create a one-stop shop for large-scale power line approvals in the federal government. The bill would put transmission lines, which can carry zero-carbon electricity, on a more equal footing with natural gas pipelines, which already enjoy fast-track federal approval.
“My goal here is to take the politics out of permitting,” Heinrich told me at the event. “If you’ve done everything right — and you get your final permit to actually construct — you should be able to take that to the bank.”
We discussed the bill path to passage and his replies to some of critics’ biggest arguments against the bill, including whether it will push data centers to build more behind-the-meter natural gas power plants. We also discussed whether Congress should restore the wind and solar tax credits, how this bill was informed by the Biden administration’s struggles, and why Heinrich believes lawmakers should take this deal, now, even though some of his colleagues have urged waiting until the new Congress starts in January.
This conversation has been edited for readability and concision.
How are you feeling? And how are you feeling about the number last night?
Seventy-three is a great number. It suggests we’re on track to get this done. And I think we just need to be patient and let the process play out.
We were talking in the green room a little bit. I think one of the things that worries me about today’s politics is that we’re having this really substantive discussion here, and with members, with the House and Senate back and forth, which is super healthy, and that hasn’t really happened often enough in recent years. And then there’s the algorithmic, online, like, light-everyone’s-hair-on-fire [conversation]. Those two things are completely divergent streams, and they make me worry about democracy as a whole.
Not to mention the fact that we need to be able to build big things in this country, and that’s what this legislation represents. How do you actually deliver on the affordability question that was central to the election we just had? How do we make sure that our country competes in the world? All of those things. But the gap between those two conversations is something that we have to solve for in the politics of today. And there were people who should have been with us [last night] who weren’t, and I think it’s indicative of that gap.
As someone who’s been reporting on the bill, and knows the policy, and knows, for instance, where the fault lines in the policy are, it has been striking how much the social media discussion of the bill has been focused on creating sufficiently plausible lies that go just viral enough to poison the politics. And make it so you can’t even talk about the bill, because, why would you ever even consider such a horrible thing?
It’s been interesting — I’ve got a 23-year-old who’s in graduate school in New Mexico, and he has a really good sense of who I am and what I care about. For him to see protests on his campus, or protests on the overpass in Albuquerque — and how divergent that is from the goals of this legislation — those conversations have been really interesting. I think if I wasn’t so comfortable in what I actually care about, and what I want to get done in my time in Washington, D.C. — which like, this is not my identity, it’s a path to making a change. I think it would be really hard to do this if I weren’t so comfortable in what we need to do on this issue.
In the run-up to last night’s vote, there were a number of endorsements of the bill or the motion to proceed. What was the biggest whip victory for you or Senator Whitehouse?
When you hit above 70, your caucus is taking your work very seriously, and given the attempts to poison the well early on, I was just very encouraged by the fact that in our caucus — we had a caucus meeting over the weekend on this, and then we obviously had the vote last night — there’s a certain implicit trust in a number over 70.
People want to get to yes. They understand that at the end of the day, the American people really do want us to make life cheaper. Like, this election is not a mandate, it’s a job interview, right? And if we can’t deliver on it, and we can’t do the things that make people’s lives better, we’re gonna — it’s going to be very fleeting.
The outside assessments of the bill report numbers anywhere from power grid cost savings in the hundreds of billions to single-digit percentage reductions of power bills in a decade or so. Do you feel like those estimates capture the benefits of the bill, or are the benefits largely unquantifiable?
No, I think they’re quantifiable. I think the emissions reductions are quantifiable.
I think if all we did in this bill was the data center provision, that says you can’t keep exporting your costs onto customers, you actually have to pay your own freight — and that’s not something that the data center developers are all aghast at, I blame some of the utilities for passing those costs along to customers. That’s outrageous. Just because you can ratebase things doesn’t mean you should ratebase things, and the public is fucking pissed off, and they should be — but if all we did is transfer that $35 billion from data center developers into the pockets of consumers, I would be enthusiastic about this bill.
But we do a whole lot more than that, right? There’s almost no conversation right now about the value of virtual power plants and distributed energy resources, and all the changes in leasing for geothermal. There are things that I’ve been working on my entire career that we couldn’t get — well, we still, I guess, haven’t gotten — the public to focus on. But if we can get them done, it really opens up a future for the power grid that looks so different from the power grid I grew up with. I grew up around the kitchen table with an IBEW dad, and we would talk about the power grid all the time. And it was a one-way deal. You had a dam or a coal-fired power plant, and then [electricity] would go out across the big wires, and then it would get into the little wires, and then people in homes and businesses would consume that power. We’re now talking about a two-way power grid that is so much more complicated and efficient than that, and that’s what’s getting lost in this conversation. But it’s also what I’m really excited about.
Let’s talk about the criticism of the bill. You mentioned the data center ratepayer protection policies, which we’ve covered at Heatmap. They are quite substantive. I have begun to hear a concern that they are so substantive that they’ll push data centers even further away from using the grid — that they’ll push data center developers to be like, Oh, this is raising the cost of power, I’m going to build more offsite gas than I would.
I don’t know a single hyperscaler who’s saying that, and we’ve had all these conversations about off-grid behind-the-meter generation. It is so much more expensive. It is so much more difficult to operate and maintain. It’s insane to build a data center that is not connected to the grid. Like, these people now talking about repurposing airplane engines to run data centers — that’s nuts. If you want to put the cost of maintaining that kind of operation, go for it, because it’s going to fail.
It makes sense to have stuff connected to the grid because you don’t have to pay the full freight of the worst day of the entire year, and spread that over the rest of the year. That’s why we have a grid. I just don’t see that as a viable business plan for anyone.
This bill makes it easier to build federal infrastructure projects. I’ve seen people say, ‘Look, if we do this now, then the president gets two years to build whatever he wants, and that includes ICE detention centers.’
No. We have walked through the legal cases in places like New Jersey to make sure that we’re not facilitating that.
I don’t think this bill will measurably change what this president can accomplish because it’s going to take multiple years … Like right now, it takes two decades to build a really important interregional transmission line. It’s still going to take five years after this bill. This is not some magic wand. It’s way better. It makes us much more competitive against China and our near-peer competitors around the globe. But you’re still going to take multiple years to do an [Environmental Impact Statement]. So this is not going to impact this president measurably one way or the other.
But it is going to measurably impact the next president. And I can tell you, as someone who was around for the Biden administration, we passed incredible legislation. The Bipartisan Infrastructure Law and the [Inflation Reduction Act] were huge lifts in terms of legislation. But the president of the United States could not deliver on those promises because the permitting regime was a 10-year-plus regime. So even though he had all the funding you could imagine, and you had [the Department of Energy] and the Department of Interior all lined up, President Biden could not deliver on those promises in a time frame that the American people could appreciate.
Is that because of procedure or because of staffing? Because some people have responded to this bill by saying, ‘Well, we know we have to staff up these agencies, and this bill doesn’t do that.’ If Biden had been able to staff those agencies, would they have been able to move a lot faster?
They would have been able to move measurably faster, yeah, but it would not be sufficient. I’m all for restaffing those agencies. We authorize a lot more funding for things like Tribal and state historic preservation officers in this legislation, but it wouldn’t have been sufficient. It just wouldn’t have.
And you look at — I mean, the fact on SunZia, which, you’re as educated on that transmission line as anybody I’ve met in the press. It took, what, 17 years [to permit]? That’s one of the best projects that I’ve ever interacted with. It was 3.6 gigawatts of clean power. They did a great job of doing mitigation. They bought property that had enormous environmental value in my state. They engaged with stakeholders as well as any developer I’ve ever seen, like 17 to 18 years [to permit it]? That’s nuts. We can’t iterate on that kind of a timescale. I mean, John Podesta came back into the White House under the Biden administration and was like, ‘Didn’t we do this? I thought we already did this.’ It took two records of decision. That’s just not a recipe for success.
You mentioned [Biden’s former climate adviser] John Podesta. We reported on comments he made saying this bill would not allow a president to reverse a permit that had been granted illegally.
No, that’s not true. If you don’t follow the law, the permit can be overturned. So first and foremost, you have to have fidelity to the actual underlying statute. So if you violate the Mineral Leasing Act, or you violate some other statute that determines how you get that permit, you’re done. That’s real jeopardy.
Second, you can overturn anything up to the final permit. So if there’s a lease along the way, the next administration can overturn that.
But if you’ve done everything right — and you get your final permit to actually construct — you should be able to take that to the bank. In what world can you do everything right and then you get a legal right to proceed, and anybody, for politics, can pull that out? I know that some in the environmental space think that it should be that way, and we should be able to ping-pong back and forth between Trump and Biden. My goal here is to take the politics out of permitting. So if you do everything right — by the book and by the law — at the end of the day, if you get your permit, you can actually take that to the bank.
One of the big arguments for this bill was this permitting certainty provision. Ending the back-and-forth, and making it so a future president couldn’t do what Trump has done to wind energy. It’s been interesting watching the politics of this bill develop, though, because what’s become clear is — as you just hinted — not everyone actually wants permitting certainty.
No, and it cuts both ways. That is both a positive, depending on your perspective … and if your business model is litigating projects, it’s going to be harder. You can still litigate, but you can’t wait six years to do it.
I have heard folks say, ‘Look, it’s a big bill. It’s 400-something pages. It makes changes to NEPA and the National Historic Preservation Act. It makes changes to the Clean Water Act. The Supreme Court is controlled by conservatives at the moment, and they have been willing to improvise with big new doctrines such as the major questions doctrine. How can we be sure — and how can you be sure — that you’re not writing traps into these laws that courts will come along and use in the future?’ Republican judges may not agree with your aims, but they’ll be able to say, ‘Look at this recent and specific law, it lets presidents do X.’
We need to be able to legislate. I think the more we actually assert our political potential and mandate in legislation, the more we take power from the Supreme Court and from the judiciary in general. I think we need to be very careful and specific about our language. But the more you can’t get things done in Congress, the more power just sort of shifts over to the judiciary and to the administration. We need to claw that back, and we need to show that America can do stuff, that we can build big things again.
And to the extent that we’re not willing to do that, that power is going to shift to other places, and I’m not comfortable with that. I don’t think that’s good for democracy. I don’t think it’s good for our country. I don’t think it’s good for building things. We need to get [a project] to yes, or if it’s going to fail, if it’s a bad project, fail fast. Move on and to the right. This is not about greenlighting bad projects. It’s honestly about getting the projects into the right places.
What’s something you’re excited about in the bill that you feel like hasn’t been discovered yet?
Virtual power plants. I mean, I hate the term “virtual power plants” because they’re not virtual; they’re real. If you’ve got a gigawatt that you can you can contract with someone to say, ‘Hey, when I need this power, it’s there,’ and they can produce on that based on whether they like turn off half the lights in in a Walmart, or tap into the batteries in a bunch of electric vehicles, that is real power, and it has enormous value to the grid.
I know how conservative utility culture is, because I grew up in utility culture. I saw it every day in those conversations with my dad around the dinner table — but that is real demonstrable technology that we all know works at this point, and yet most of the utilities in the country have not embraced it. So if we get this done, we’ll be able to respond to the wholesale markets and [they] can’t be blocked, that’s a huge change.
One of the interesting things about this midterm is that almost all the incoming Democrats, I think certainly in the Senate, have pledged to restore the solar and wind tax credits. Have you done any work on what this bill would mean if those tax credits were back on the books?
I think we need to have a really robust discussion around that. I say that from the point of view that, we don’t have the [tax credits] right now, and yet we have tons of viable projects in wind and solar. So what that says to me is, maybe that money is more valuable someplace else.
We’re doing a really good job in this country of decarbonizing the electric generation sector with wind, solar, and batteries. I think we’ve won that battle, and if we have a level playing field, which is what this bill is all about, we’re going to decarbonize the power sector. We have not decarbonized the transportation sector. We have not decarbonized the industrial sector, which is dependent on, in many cases, chemical processes.
The question for me is not, do I want the wind sector, or the solar sector to move faster? I think if we get out of the way, they’ll move faster. The question is, would those dollars be more valuable in another sector of the economy?
Because when I look around back home, we are in the new normal. We’re in the part of climate change that I didn’t think would happen in my lifetime. In New Mexico, we’ve been the driest we’ve ever been in 1,200 years. And then once El Niño kicks in, we’ve had two of the word floods in recorded history in the last month. That’s where we are today. That’s what our grandkids are going to know for their entire lives. We’ve got to solve for that, and limit the worst cases of that, and we’re not going to do it by doing the least effective, least efficient thing. We have to invest in the places that make the biggest differences.
Senator Merkley voted no yesterday, as you know, and in his statement he said that the bill is very interesting, we should pick it up next year in the new Congress.
How many times has that worked?
I think one argument has been —
I’ve seen that over and over again. I’ve been here since 2008. How many years is that? Almost 20 years. When is that a real thing?
We should do a lot more in the next Congress. Let’s do that. Let’s get this as the floor, and then let’s raise the floor everywhere we possibly can.
And you don’t think passing this now will exhaust the president’s willingness to work on permitting reform?
I will take a win with the president wherever I can get one because it is fleeting, and he is what he is. He did not help last night. My phone blew up. The White House was like, you know, ‘Sorry, he just says stuff.’
[laughter in the room]
We have an alignment right now — the House, the Senate, and the White House — that has real value to making energy cheaper and putting more clean energy online. We should just take that because it also creates uncertainty for other folks. When we have that opportunity, don’t kick it to the curb. It is what it is.
Do you think the president needs to approve these projects for the bill to make sense?
No, because I think the greatest value is for the next president. But we are seeing real progress on real projects right now. We have seen dozens of projects approved that were stalled out. We’re having constructive conversations about many additional projects. That has its own value, but the value of this bill, in my view, is for the next president of the United States — whoever they are — and I will do everything in my power to make sure that that’s a Democrat — but if it’s not, they still need to be able to govern and compete with the rest of the world, and so the value is really for the country and the next president.
Give us a sense of what the amendment process will look like.
I don’t know what the amendment process is going to look like because that typically gets negotiated between the majority and the minority leaders. My view is that amendments are helpful. I think we’ve gotten away from amendment processes in the Senate, and that has not served legislation well. So I’m perfectly comfortable. I’ve told a number of members who want amendments that I’m supportive of them getting those amendments, because I think it lets people make their case about what they care about, and that creates buy-in for eventual legislation. And whether we win over those members or not, I think it has value.
The downside is we let things hang out there at a time when much of the conversation is still governed by these social media algorithms. But I still think it’s the right thing to do.
What does the path in the House look like, as you’re thinking about it today?
In the House, it’s the coalition of, one, the White House actually wants this, and they’re communicating with Republicans in the House, many of which won’t be there next year. So, like, go out on a win. Then on the Democratic side, you have the New Dems and the Problem Solvers Caucus and the Blue Dogs, and like, We’re not going to get all of the Democrats, but we’re going to get enough of the Democrats who believe in governing and who want the lessons of this election cycle to actually be manifest in law. I think we very much have a viable path in the House of Representatives.