State Planning for Reliability and Affordability Act
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Would require state utility regulators to formally consider new reliability standards for electric utilities that use integrated resource planning — mandating that those utilities' plans include measures to maintain or procure generation capable of running continuously for at least 30 days, including during emergencies.
The bill targets a perceived gap in states that rely on long-term resource plans rather than competitive capacity markets, aiming to ensure a base of dispatchable generation remains available to consumers over a decade-long planning horizon.
What this bill would do
What it would do
The bill would amend the Public Utility Regulatory Policies Act of 1978 (PURPA) to add a new federal standard requiring state regulatory authorities to consider mandating that state-regulated electric utilities using integrated resource planning include reliability measures in those plans. Specifically, utilities would be required to ensure the reliable availability of electricity over a 10-year horizon by maintaining or procuring power from "reliable generation facilities" — defined as facilities that can generate continuously for at least 30 days, have adequate on-site fuel or contractual fuel supply guarantees, can operate during emergencies and severe weather, and provide frequency and voltage support services.
State regulators would have one year to commence consideration and two years to complete it, though states that have already acted on a comparable standard would be exempt. The bill also directs the Comptroller General to submit to Congress within one year a report assessing how effective integrated resource planning has been at ensuring sufficient reliable generation before the new standard takes effect.
Key provisions
- 1Would add a new PURPA standard requiring state-regulated utilities using integrated resource planning to include measures ensuring reliable electricity availability over a 10-year period, via operation or procurement of qualifying reliable generation facilities.
- 2Would define 'reliable generation facility' as one capable of continuous generation for at least 30 days, with on-site fuel or fuel contracts, emergency-weather operability, and frequency and voltage support services.
- 3Would require state regulatory authorities to begin consideration of the new standard within 1 year and complete it within 2 years of enactment.
- 4Would exempt states that have already implemented, considered, or voted on a comparable reliability standard from the consideration deadlines.
- 5Would direct the Comptroller General to report to Congress within 1 year on how effective integrated resource planning has been at ensuring sufficient reliable generation.
Who would be affected
State public utility commissions that oversee electric utilities using integrated resource planning (as opposed to competitive capacity markets) would bear the primary obligation to act. State-regulated electric utilities subject to integrated resource planning — and, by extension, their residential, commercial, and industrial electricity customers — would be affected by any reliability standards those commissions ultimately adopt.
Why it matters
If state regulators adopt the standard, electric utilities would be required to demonstrate that their long-range plans secure enough dispatchable, fuel-secure generation to cover at least 30 continuous days, including during extreme weather events. Customers could gain added protection against rolling blackouts, but utilities might face higher procurement costs to maintain qualifying facilities, potentially affecting electricity rates.
What would change
Changes to existing law
Amends Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (Sec. 2(a))
Adds paragraph (22), a new standard requiring state-regulated utilities using integrated resource planning to include 10-year reliability measures for reliable generation facilities.
Amends Public Utility Regulatory Policies Act of 1978, Section 112 (16 U.S.C. 2622) (Sec. 2(b)(1))
Adds one- and two-year deadlines for state regulators to commence and complete consideration of the new reliability standard, with exemptions for prior state action.
Amends Public Utility Regulatory Policies Act of 1978, Section 124 (16 U.S.C. 2634) (Sec. 2(b)(2))
Updates references to prior and pending proceedings to incorporate the new paragraph (22) reliability standard.
Agencies directed to act
Effective dates
- State regulatory authorities must commence consideration of the new reliability standard
- State regulatory authorities must complete consideration and issue a determination on the new standard
- GAO report on effectiveness of integrated resource planning due to Congress
Funding and costs
Congressional Budget Office estimate
CBO estimates that enacting H.R. 3628 would have no effect on the federal budget, with zero impact on direct spending, revenues, or the deficit over the 2026–2035 period.
CBO estimates that H.R. 3628 would have no effect on direct (mandatory) spending, revenues, or the federal deficit in any year through 2035, because the bill would not change federal responsibilities — it directs state regulatory authorities, not the federal government, to act. The bill would impose an intergovernmental mandate by requiring state utility commissions to decide whether to include a reliability component in their integrated resource plans; CBO estimates this would result in a small incremental increase in administrative costs that would not exceed UMRA's intergovernmental mandate threshold ($103 million in 2025, adjusted for inflation). The bill would not impose any private-sector mandates as defined under UMRA.
How implementation would work
State regulatory authorities would have one year after enactment to commence consideration (or schedule a hearing) of the new reliability standard, and two years to complete the proceeding and issue a determination. States that already implemented a comparable standard, conducted a relevant proceeding, or voted on the standard in the prior three years are exempt from these timelines. The bill adds the new standard to PURPA's existing framework — states consider but are not automatically required to adopt it. Separately, the GAO must report to Congress within one year on the pre-enactment track record of integrated resource planning in securing reliable generation.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill requires certain state authorities that regulate electric utilities to consider the establishment of measures regarding the reliable availability of electricity over specified time periods. These requirements would apply to electric utilities that use integrated resource plans—plans that project future electricity use to ensure resource adequacy, as opposed to utilities that rely on capacity markets, which use price trends for resource planning.
Specifically, the state authorities must consider requiring the integrated resource plans of electric utilities to include measures to ensure the reliable availability of electric energy over a 10-year period to maintain the operation of reliable generation facilities or the procurement of electric energy from reliable generation facilities.
The bill defines reliable generation facilities as facilities that
- enable the generation of electric energy on a continuous basis over a period of not fewer than 30 days;
- have adequate fuel or a continuously available energy source on-site to enable the continuous generation of electric energy for at least 30 days, or have contractual obligations that achieve the same;
- have operational characteristics to enable the generation of electric energy during emergency and severe weather conditions; and
- provide services such as frequency support and voltage support.
Legislative subjects
Electric power generation and transmission; Energy; Energy efficiency and conservation; Energy storage, supplies, demand; State and local government operations
Committee report
H. Rept. 119-306