Securing Reliable Power for Advanced Technologies Act

This bill aims to accelerate the development of critical artificial intelligence infrastructure by amending the Defense Production Act of 1950. It establishes a framework for designating and expediting approval of energy and computing facilities deemed essential for AI development as priority national defense projects. The legislation creates mechanisms for streamlined permitting, financial assistance, and regulatory protection for designated projects, with a focus on supporting dispatchable baseload power generation and high-capacity data centers. By prioritizing these projects and providing federal support, the bill seeks to ensure reliable power and computing resources for advanced AI technologies, which are framed as critical to national security and economic competitiveness.

The bill adds a new Section 306 to the Defense Production Act, establishing the process for designating 'critical artificial intelligence infrastructure' projects. It defines eligible facilities as data centers or computing facilities with at least 50 MW capacity dedicated to AI, and dispatchable baseload power plants of at least 100 MW serving such facilities. The President is authorized to designate these as priority national defense projects, triggering an expedited and coordinated federal permitting process. The legislation requires federal agencies to conduct concurrent reviews and adhere to a consolidated schedule for approvals. It allows for compensation to project owners if federal actions impair operations, and authorizes financial assistance of up to 90% of project costs. The bill also permits the President to exempt designated projects from new emissions limits if deemed necessary for national defense, and limits judicial review of project designations and authorizations.

The President is the primary authority for implementing this legislation, with broad powers to designate projects, coordinate federal agencies, and resolve disputes. The bill allows the President to delegate these responsibilities to the Secretary of Defense, Secretary of Energy, or other agency heads. Federal agencies are required to conduct concurrent reviews and adhere to a consolidated schedule established by the President. A lead agency is designated for each project to coordinate environmental reviews. The Defense Production Act Fund is identified as the source for compensation payments, subject to appropriations. The bill requires the President or designee to issue guidance on application procedures and standard terms within 180 days of enactment. Enforcement is primarily through the expedited permitting process and the ability to treat agency non-compliance as a failure to act under the Administrative Procedure Act.

The primary beneficiaries of this legislation are owners and operators of large-scale data centers, high-performance computing facilities, and dispatchable baseload power plants, particularly those using fossil fuels. Rural electric cooperatives are also eligible for designation and financial assistance. The bill is likely to accelerate the development of energy and computing infrastructure for AI, potentially leading to increased investment in these sectors. However, it may also result in significant costs to the federal government through financial assistance and potential compensation claims. The administrative burden on federal agencies to coordinate and expedite reviews could be substantial. The expected outcomes include faster deployment of AI infrastructure and supporting energy facilities, but potentially at the expense of environmental protections and local input. The bill does not include specific sunset provisions, suggesting these authorities would remain in place indefinitely.

The bill relies on the federal government's national defense powers as its constitutional basis, amending the Defense Production Act of 1950 to include AI infrastructure as critical to national security. It creates new statutory authorities for the President to designate and expedite projects, potentially preempting or overriding state and local laws and regulations that could delay or prevent designated projects. The legislation significantly limits judicial review of project designations and authorizations, requiring clear and convincing evidence of unlawfulness to vacate a decision. It also waives sovereign immunity for monetary relief in compensation claims, but not for punitive damages. The bill interacts with existing environmental laws and regulations, potentially creating conflicts with the National Environmental Policy Act (NEPA) and other environmental statutes by expediting reviews and allowing exemptions from emissions limits.

Several critical issues arise from this legislation. Constitutionally, the broad powers granted to the President and the limitations on judicial review may raise separation of powers concerns. The potential override of state and local laws could face challenges on federalism grounds. Implementation challenges include coordinating multiple federal agencies on expedited timelines and determining appropriate compensation for regulatory impairment. The costs of financial assistance and potential compensation claims could be substantial, raising fiscal concerns. Unintended consequences may include reduced environmental protections, as the bill allows for exemptions from emissions limits and expedited environmental reviews. Opposition arguments are likely to focus on the prioritization of fossil fuel infrastructure over renewable energy, the potential for abuse of the designation process for projects not truly critical to AI development, and the weakening of environmental safeguards and public input in the permitting process.