State Planning for Reliability and Affordability Act

[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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