PolicyBrief
S. 896
119th CongressMar 6th 2025
Co-Location Energy Act
IN COMMITTEE

The "Co-Location Energy Act" aims to promote renewable energy development by allowing solar and wind energy projects to be co-located on existing federal energy leases.

John Curtis
R

John Curtis

Senator

UT

LEGISLATION

New Bill Proposes Adding Solar and Wind Power to Existing Federal Energy Leases

A new piece of legislation, the "Co-Location Energy Act," is on the table, aiming to allow solar and wind energy projects to be built on federal lands already leased for other energy development, like oil, gas, or geothermal. Essentially, it proposes letting renewable energy developers share space with existing energy operations, provided the current leaseholder agrees.

Sharing the Sandbox: Renewables on Existing Leases

The core idea here is co-location. The bill authorizes the Secretary of the Interior – the official managing these federal lands – to permit companies to first assess and then potentially build and operate solar or wind energy facilities within the boundaries of an "existing Federal energy lease." This means areas already approved for mineral or geothermal extraction before this Act could potentially host wind turbines or solar panels.

There's a key condition, though: the company holding the original energy lease has to give its consent. This gives current leaseholders significant say over whether renewable projects can move forward on the land they're using. Think of it like needing your roommate's permission before a third person can move into their part of the apartment, even if the landlord (in this case, the government) is open to it.

The 180-Day Question: Environmental Review Speed

The bill also directs the Secretary of the Interior to make a judgment call within 180 days. The Secretary needs to determine if adding these solar/wind systems on existing leases, or building similar renewable infrastructure off-lease, typically qualifies for what's known as a categorical exclusion under the National Environmental Policy Act (NEPA). NEPA is the major law requiring federal agencies to assess the environmental effects of their proposed actions.

A categorical exclusion essentially means a project type is deemed unlikely to have significant environmental impacts, potentially speeding up the approval process by bypassing more intensive environmental reviews. While faster approvals could accelerate renewable energy deployment, the 180-day deadline and the focus on typical impacts raise questions about whether site-specific environmental concerns will always get a thorough look, especially for projects built outside existing lease areas but potentially fast-tracked under this same determination.

Rules Still To Come

Finally, the Act tasks the Secretary of the Interior with creating the specific regulations needed to put all this into practice. These future rules will hammer out the details – how permits are applied for, what standards must be met, how consent is formally documented, and potentially how environmental oversight works beyond the initial 180-day determination. The real-world effectiveness and impact of this co-location strategy will depend heavily on how these regulations are written.