State Planning for Reliability and Affordability Act
Officially: “State Planning for Reliability and Affordability Act” Read the full text
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1Short title
This section would allow the Act to be referred to as the "State Planning for Reliability and Affordability Act."
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1. Short title This Act may be cited as the State Planning for Reliability and Affordability Act .
2State consideration of reliable generation
This section would amend the Public Utility Regulatory Policies Act of 1978 to add a new reliability standard and related deadlines for state regulation of electric utilities. It would add a new paragraph (22) to section 111(d) of that Act requiring that each state regulated electric utility that uses integrated resource planning include, as part of that planning, measures sufficient to ensure the reliable availability of electric energy over a 10-year period by maintaining either the operation of reliable generation facilities or the procurement of electric energy from reliable generation facilities. It would define a "reliable generation facility" as an electric generation facility that ensures the reliable availability of electric energy by meeting all of the following: having operational characteristics that let it generate electric energy continuously for at least 30 days; having either adequate fuel or a continuously available energy source on-site to generate continuously for at least 30 days, or contractual obligations that ensure an adequate fuel supply to do so; having operational characteristics that let it generate electric energy during emergency and severe weather conditions; and providing essential services related to the reliable availability of electric energy, including frequency support and voltage support. This section would also amend section 112 of the Act to set deadlines tied to the new standard: not later than 1 year after the new paragraph (22) standard is enacted, each state regulatory authority would have to commence consideration of the standard under section 111, or set a hearing date to do so, with respect to each state regulated electric utility for which the state has ratemaking authority; not later than 2 years after enactment, that state regulatory authority would have to complete the consideration and make the determination on the standard, with respect to each such utility. It would broaden a related provision in section 112(c) so that it applies based on any paragraph of subsection (b), rather than only paragraph (b)(2) of it, and it would specify that wherever section 112(c) refers to "the date of enactment of this Act" in connection with the new paragraph (22) standard, that reference instead means the date the new paragraph (22) standard itself was enacted, not the date the original Act was enacted. It would add a new exemption providing that the section 112(b) and (c) deadlines would not apply to the new standard for a state regulated electric utility in a state if, before the date this exemption is enacted, the state already implemented the standard (or a comparable standard) for that utility, the state regulatory authority already conducted a proceeding to consider implementing the standard (or a comparable one) for that utility, or the state legislature voted on implementing the standard (or a comparable one) for that utility during the 3-year period ending on that enactment date. Finally, this section would amend section 124 of the Act to specify that, for purposes of the new paragraph (22) standard, any reference in section 124 to "the date of enactment of this Act" instead means the date the new paragraph (22) standard was enacted.
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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). . September 19, 2025 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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In the House.