H.R. 3143

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3143 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3143

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 1, 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 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 electric utility for which the State has 
ratemaking authority) and each nonregulated utility 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 electric utility for which the State has ratemaking 
authority), and each nonregulated electric utility 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 electric utility in a State if, before the date of 
enactment of this subsection--
``(1) the State has implemented for the electric utility 
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the 
relevant nonregulated electric utility has conducted a 
proceeding to consider implementation of the standard (or a 
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation 
of the standard (or a comparable standard) for the 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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