H.R. 3628

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3628 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
1st Session
H. R. 3628

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 15, 2025

Received; read twice and referred to the Committee on Energy and 
Natural Resources

_______________________________________________________________________

AN ACT

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).''.

SEC. 3. GAO REPORT ON EFFECTIVENESS OF INTEGRATED RESOURCE PLANNING IN 
ENSURING SUFFICIENT RELIABLE GENERATION FACILITIES.

(a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report on the effectiveness of integrated resource planning 
employed by State regulated electric utilities prior to the 
implementation of section 111(d)(22) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)(22)), as added by section 2 of 
this Act, in ensuring sufficient reliable generation facilities to 
maintain the reliability, stability, and affordability of electric 
service for electric consumers.
(b) Definitions.--In this section:
(1) Electric consumer; integrated resource planning; state 
regulated electric utility.--The terms ``electric consumer'', 
``integrated resource planning'', and ``State regulated 
electric utility'' have the meanings given such terms, 
respectively, in section 3 of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2602). 
(2) Reliable generation facility.--The term ``reliable 
generation facility'' has the meaning given such term in 
section 111(d)(22) of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2621(d)(22)), as added by section 2 of 
this Act.

Passed the House of Representatives December 11, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.