[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3628 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3628
To amend the Public Utility Regulatory Policies Act of 1978 to add a
standard related to State consideration of reliable generation, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 2025
Mr. Evans of Colorado (for himself and Mr. Langworthy) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Public Utility Regulatory Policies Act of 1978 to add a
standard related to State consideration of reliable generation, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Planning for Reliability and
Affordability Act''.
SEC. 2. STATE CONSIDERATION OF RELIABLE GENERATION.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
``(22) Ensuring electric reliability with reliable
generation facilities.--
``(A) In general.--Each State regulated electric
utility that employs integrated resource planning shall
establish, as part of such integrated resource
planning, measures, sufficient to ensure the reliable
availability of electric energy over a 10-year period,
to maintain--
``(i) the operation of reliable generation
facilities; or
``(ii) the procurement of electric energy
from reliable generation facilities.
``(B) Reliable generation facility defined.--In
this paragraph, the term `reliable generation facility'
means an electric generation facility that ensures the
reliable availability of electric energy by--
``(i) having operational characteristics to
enable the generation of electric energy on a
continuous basis for a period of not fewer than
30 days;
``(ii) having--
``(I) adequate fuel, or a
continuously available energy source,
on-site to enable the generation of
electric energy on a continuous basis
for a period of not fewer than 30 days;
or
``(II) contractual obligations that
ensure adequate fuel supply to achieve
the generation of electric energy on a
continuous basis for a period of not
fewer than 30 days;
``(iii) having operational characteristics
to enable the generation of electric energy
during emergency and severe weather conditions;
and
``(iv) providing essential services related
to the reliable availability of electric
energy, including frequency support and voltage
support.''.
(b) Conforming Amendments.--
(1) Obligations to consider and determine.--Section 112 of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622) is amended--
(A) in subsection (b), by adding at the end the
following:
``(9)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each State regulated electric utility for which the
State has ratemaking authority) shall commence consideration
under section 111, or set a hearing date for consideration,
with respect to the standard established by paragraph (22) of
section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each State regulated electric utility for which the State
has ratemaking authority) shall complete the consideration and
make the determination under section 111 with respect to the
standard established by paragraph (22) of section 111(d).'';
(B) in subsection (c)--
(i) by striking ``subsection (b)(2)'' and
inserting ``subsection (b)''; and
(ii) by inserting ``In the case of the
standard established by paragraph (22) of
section 111(d), the reference contained in this
subsection to the date of enactment of this Act
shall be deemed to be a reference to the date
of enactment of that paragraph (22).'' after
``paragraph (21).''; and
(C) by adding at the end the following:
``(i) Other Prior State Actions.--Subsections (b) and (c) shall not
apply to the standard established by paragraph (22) of section 111(d)
in the case of any State regulated electric utility in a State if,
before the date of enactment of this subsection--
``(1) the State has implemented for the State regulated
electric utility the standard (or a comparable standard);
``(2) the State regulatory authority for the State has
conducted a proceeding to consider implementation of the
standard (or a comparable standard) for the State regulated
electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the State
regulated electric utility during the 3-year period ending on
that date of enactment.''.
(2) Prior and pending proceedings.--Section 124 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634)
is amended by inserting ``In the case of the standard
established by paragraph (22) of section 111(d), the reference
contained in this section to the date of enactment of this Act
shall be deemed to be a reference to the date of enactment of
that paragraph (22).'' after ``paragraph (21).''.
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