119-HR3628

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 3628

1. Short title
2. State consideration of reliable generation

1. Short title

This Act may be cited as the "State Planning for Reliability and Affordability Act".

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) Other prior State actions - 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).".