Technical corrections only. The two versions of H.R. 3628 are substantively identical, with v4 reflecting the bill's referral to the Senate and including the name of the House Clerk in the attestation. No policy changes were made between v3 and v4.
State Planning for Reliability and Affordability Act
- Sponsor
- Rep. Evans, Gabe [R-CO-8]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Dec 15, 2025
Bottom line
The bill mandates that state utility regulators require electric utilities to plan for and maintain specific types of 'reliable generation facilities' to enhance grid stability, potentially impacting energy mix and consumer costs.
What it actually does
This bill amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to establish a new federal standard requiring state-regulated electric utilities that employ integrated resource planning to ensure the reliable availability of electric energy over a 10-year period. It defines 'reliable generation facilities' with specific operational characteristics and sets timelines for state regulatory authorities to consider and implement this standard. The bill also mandates a Government Accountability Office (GAO) report on the effectiveness of existing integrated resource planning.
Proponents argue
Proponents argue that the bill is crucial for enhancing electric grid reliability and ensuring continuous power availability, especially in the face of increasing demand and extreme weather events. They contend that by mandating proactive planning for robust generation sources, the bill strengthens energy security and prevents widespread outages.
Opponents contend
Opponents contend that the bill's specific definition of 'reliable generation facilities' could inadvertently favor traditional fossil fuel or nuclear plants, potentially increasing costs for consumers and hindering the transition to cleaner energy sources. They also argue it could interfere with state-level energy planning autonomy and decarbonization goals.
The bill is concise and relatively straightforward, allowing for a quick and informed review within a short timeframe.
Section 2(a), amending Section 111(d) of PURPA
New PURPA Standard for Ensuring Electric Reliability with Reliable Generation Facilities
This provision requires state-regulated electric utilities that use integrated resource planning to establish measures to ensure the reliable availability of electric energy over a 10-year period. These measures must involve maintaining the operation of, or procuring electric energy from, 'reliable generation facilities' to meet future energy demands and prevent outages.
Supporters argue
Supporters argue this provision is essential for bolstering grid resilience and preventing widespread power outages, particularly during severe weather events, by ensuring utilities proactively plan for and secure robust generation capacity.
Critics contend
Critics contend that this mandate could lead to higher electricity rates for consumers as utilities invest in or maintain specific generation types, potentially at the expense of more cost-effective or environmentally friendly alternatives.
Tradeoffs
The provision balances the critical need for electric grid reliability with potential impacts on electricity affordability and the flexibility of states and utilities to pursue diverse energy portfolios, including renewable energy sources.
Section 2(a), adding Section 111(d)(22)(B) to PURPA
Definition of 'Reliable Generation Facility'
This section defines a 'reliable generation facility' using specific technical criteria. Such a facility must be capable of continuous operation for at least 30 days, have 30 days of on-site fuel or a continuous energy source (or contractual fuel supply), operate during emergencies and severe weather, and provide essential grid services like frequency and voltage support.
Section 2(b)(1)(A)-(B), amending Section 112(b) of PURPA
State Regulatory Authority Timelines for Consideration and Determination
This section mandates specific timelines for state regulatory authorities. They must commence consideration of the new reliable generation standard within one year of the bill's enactment and complete their consideration and make a determination regarding its implementation within two years of enactment.
Section 3
Government Accountability Office Report on Integrated Resource Planning Effectiveness
This section directs the Comptroller General of the United States (GAO) to submit a report to Congress within one year of the bill's enactment. The report will assess the effectiveness of integrated resource planning practices employed by state-regulated electric utilities prior to this Act's implementation, specifically focusing on their ability to ensure sufficient reliable generation facilities for electric consumers.
This provision exempts states from the new federal consideration and determination timelines if, before the date of enactment, the state has already implemented a comparable standard, conducted a proceeding to consider such a standard, or had its legislature vote on a comparable standard within the preceding three years.
Section 2(b)(1)(C), adding Section 112(i) to PURPA
Why it matters:While technically a conforming amendment, this provision is substantively significant as it defines the scope of federal preemption and acknowledges prior state actions. Its placement might be standard legislative practice for integrating new rules into existing frameworks, but its impact on state autonomy is substantial.
Case for: Supporters argue this exemption appropriately respects states that have already taken proactive steps to address grid reliability, preventing redundant federal mandates and acknowledging state-level innovation in energy policy.
Case against: Critics may argue that the term 'comparable standard' is open to interpretation, potentially leading to disputes between states and federal authorities over whether an exemption applies, thereby creating uncertainty and potential litigation.
Estimated impact: Could significantly reduce the number of states immediately subject to the new federal timelines, depending on how many states have already adopted similar reliability measures.
The specific technical criteria defining a 'reliable generation facility' include: operational characteristics for 30 days continuous generation; 30 days of on-site fuel or continuous energy source (or contractual supply); operational capability during emergency/severe weather; and provision of essential services like frequency and voltage support.
Section 2(a), adding Section 111(d)(22)(B)(i)-(iv) to PURPA
Why it matters:The detailed technical specifications are necessary for legal precision and clarity in a regulatory context. Their specific nature is standard for defining technical terms in legislation, rather than an attempt to obscure.
Case for: Proponents argue these precise criteria ensure that only truly robust and resilient generation sources, capable of sustained operation under adverse conditions, are considered 'reliable,' thereby safeguarding grid stability.
Case against: Critics contend that these highly specific criteria may inadvertently exclude or make it difficult for advanced renewable energy technologies, even with significant storage, to qualify, potentially limiting innovation and clean energy deployment.
Estimated impact: These specific criteria will significantly influence which types of power plants utilities prioritize for investment and retention, potentially favoring traditional baseload generation over intermittent renewables.