Sec. 5. Advanced notice to communities potentially impacted by closure of an electric generating facility that primarily consumes coal as a fuel source
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/bill/117/hr/2245/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: Each electric utility shall provide to potentially impacted local governments and Indian Tribes (as applicable) a formal written notice of any closure of an electric generating facility (including any generating unit thereof) of such electric utility that primarily consumes coal as a fuel source. With respect to an electric utility for which a State regulatory authority has ratemaking authority, notice under subparagraph
(A)shall be provided by such electric utility to local governments and Indian Tribes within 7 days of submitting to the State regulatory authority any similar notice. An electric utility providing a written notice under subparagraph
(A)shall, to the maximum extent practicable, include in such notice— a schedule describing the projected timeline— for the closure, which shall, to maximum extent practicable, not occur prior to the date that is 3 years after the date of such notice, including dates of any phases of closure; for workforce transition activities sponsored by the electric utility for applicable employees of the electric utility, if applicable; and for future reclamation activities on the land of the electric generating facility (or generating unit thereof) that is closing; and a description of the extent to which the electric utility will prioritize the use of the incumbent workforce of the facility or associated mine in carrying out reclamation activities described in clause (i)(III). An electric utility providing a written notice under this subsection shall, within 7 days of obtaining new information that would refine, alter, or otherwise update any timeline described in subparagraph (C), provide such update in a new formal written notice to potentially impacted local governments and Indian Tribes (as applicable). . Section 112(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(b) ) is amended by adding at the end the following: Not later than 1 year after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standard established by paragraph
(20)of section 111(d). Not later than 2 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph
(20)of section 111(d). . Section 112(c) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2622(c) ) is amended— by striking subsection (b)(2) and inserting subsection
(b); and by adding at the end the following: In the case of the standard established by paragraph
(20)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 such paragraph (20). . Section 112 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 20622 ) is amended by adding at the end the following: Subsections
(b)and
(c)of this section shall not apply to the standard established by paragraph
(20)of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection— the State has implemented for such utility the standard concerned (or a comparable standard); the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility. .
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- 16 USC 20622
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Sec. 5
Advanced notice to communities potentially impacted by closure of an electric generating facility that primarily consumes coal as a fuel source
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