AMERICAN PUBLIC POWER ASSOCIATION

UTI · Utilities

Discussed support for H.R. 7266/S. 5360, the Rural and Municipal Utility Cybersecurity Act (all provisions) to reauthorize the Rural and Municipal Utility Grant and Technical Assistance (RMUC) Program as authorized in section 40124 of the Infrastructure Investment and Jobs Act of 2021. Discussed general support for hydropower licensing and relicensing reform, including amending section 4(e) of the Federal Power Act (16 USC ch. 12) to limit mandatory conditions and fishway prescriptions and section 241 of the Energy Policy Act of 2005 (P.L. 109-58) to extend trial-type hearing rights to alternative conditions under section 33 of the Federal Power Act (no legislation). Discussed the need to amend sections 4(e) and 18 of the Federal Power Act so that mandatory conditions and fishway prescriptions address only direct project effects, like those from the construction, operation, or maintenance of the licensed project (no legislation). Discussed support for S. 3518/H.R. 9806, the Fair Licensing for Operations of Water Structures (FLOWS) Act of 2025, to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects (all provisions). Discussed support for H.R. 9337/S. 5048, the Hydropower Licensing Affordability Act, to amend the Federal Power Act to modernize the hydropower licensing process (all provisions). Discussed general support for legislative efforts to improve the permitting process, including the importance of the Federal Energy Regulatory Commission completing its portion of permitting reviews in a timely manner (no legislation). Discussed the need for permitting reform, including changes to the National Environmental Policy Act (NEPA) and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed concerns with sections 401 and 402 in S. 4753, the Energy Permitting Reform Act of 2024, which would expand the Federal Energy Regulatory Commissions jurisdiction over non-jurisdictional entities under section 201(f) of the Federal Power Act. Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities (no legislation). Discussed the importance of maintaining the current treatment of Federal Power Act section 201(f) non-jurisdictional entities in draft permitting reform legislation, the Bipartisan American Affordability and Jobs Act of 2026. Discussed how interregional transmission planning should be left to each region of the country rather than imposing a one-size-fits-all federal mandate for each region to maintain a minimum level of transfer capability with its neighbors (no legislation). Discussed maintaining the existing beneficiary-pays cost allocation principle for transmission under the Federal Power Act to require the costs of a transmission project to be allocated to beneficiaries in a way that is roughly commensurate with the estimated benefits (no legislation). Discussed the cost drivers for transmission (no legislation). Discussed efforts by the Bonneville Power Administration to improve transmission and markets (no legislation). Discussed general support for legislation that would remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes (no legislation). Discussed H.R. 7786, the SPEED & Reliability Act (all provisions), from the 118th Congress, to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616/S. 3034, the Reliable Power Act, to give the Federal Energy Regulatory Commission the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 9340/S. 5028, the Ratepayer Protection Act, to amend the Public Utility Regulatory Policies Act of 1978 to establish a federal standard relating to the recovery of the full, incremental costs of upgrades that serve large-load customers (all provisions). Discussed concerns with the expansion of must considers under section 111(d) of the Public Utility Regulatory Policies Act (no legislation). Discussed support for joint ownership of transmission facilities to help facilitate transmission development while keeping costs affordable for electricity customers (no legislation). Discussed S. 5008, the Grid Connection and Congestion Management Act, to require regional transmission organizations and independent system operators administering an open access transmission tariff to offer basic access service for energy-only deliver (all provisions). Discussed S. 5199, the GRID Savings Act of 2026, to clarify the jurisdiction of the Federal Energy Regulatory Commission over the interconnection of large loads to the transmission system and provide for standards and procedures for the interconnection of large loads (all provisions). Discussed the tax implications of provisions in the bill that would impact public power. Discussed draft legislation that would establish a grant program at the Department of Energy and incentives at the Federal Energy Regulatory Commission to support the use of AI tools for utility cybersecurity purposes. Discussed the need for permitting reform efforts to be technology neutral (no bill). Discussed support for H.R. 8308, the Create Expedited Reviews to Transform American Infrastructure Now (CERTAIN) Act, to reduce permitting delays and create a more predictable environment for infrastructure development (all provisions). Discussed the Electricity Subsector Coordinating Council governance and the importance of information sharing between the federal government and critical infrastructure. Discussed the public power business model (no legislation). Discussed energy affordability and all the actions public power utilities take to keep electricity affordable for their customers and to assist those in need (no legislation). Discussed support for the Low Income Home Energy Assistance Program (no legislation). Discussed draft legislation to create a national program for relief of utility arrears and collect data about electricity affordability from utilities (all provision). Discussed draft legislation to direct the Department of Energy and Environmental Protection Agency to study the impacts that data centers are having on rural areas. Discussed how public power utilities are working to ensure their customers do not bear the costs of serving large computational loads (no legislation). Discussed issues related to data center affordability and support for efforts to protect affordability and reliability when interconnecting data centers. Discussed the Presidents Ratepayer Protection Pledge. Discussed strategies to address the growing burden of transmission costs, including joint ownership and the elimination of transmission incentives.

Literal federal measure citations: H.R. 7266, S. 5360, S. 3518, H.R. 9806, H.R. 9337, S. 5048, S. 4753, H.R. 7786, H.R. 3616, S. 3034, H.R. 9340, S. 5028, S. 5008, S. 5199, H.R. 8308

TAX · Taxation/Internal Revenue Code

Discussed support for regulations implementing 26 USC 7701(51)(D)(i)(I)(dd) regarding the prohibited foreign entity debt test (15 percent) to exempt publicly offered debt or stipulate that the underwriter of publicly offered debt is the issuee for purposes of the text. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts and acquisition of existing output facilities to serve large load customers. Discussed support for elective payment of energy tax credits in the Inflation Reduction Act (26 USC 6817). Discussed potential changes to 26 USC 6417, elective payment energy tax credits, including unspecified changes to the domestic content requirements for elective payment imposed under sections 48E (investment tax credit) and 45Y (production tax credit). Discussed support for H.R. 1255, the Investing in Our Communities Act, legislation that would enable public power utilities to better manage the debt they use to finance critical infrastructure investments (all provisions). Discussed the importance of municipal bonds, which are used by public power utilities to build energy infrastructure. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed support for potential legislation to increase the $10 million small issue threshold in 26 USC 265(b)(3) to $30 million. Discussed support for S. 5453, the Grid Resiliency Tax Credit Act, to amend the Internal Revenue Code to establish a tax credit for the installation of regionally significant electric power transmission lines. Discussed the potential effect of energy and natural gas prepayment transactions on tax-exempt financing.

Literal federal measure citations: H.R. 1255, S. 5453

NAT · Natural Resources

Discussed the need for the U.S. Forest Service and Department of Interior to use existing authorities under section 512 of the Federal Land Policy and Management Act to allow electric utilities to better implement wildfire risk reduction. Discussed support for changes in the managers amendment to H.R. 9497, the Water Resources Development Act of 2026, to clarify that a new Office of Water Supply at the Army Corps of Engineers responsibilities are carried out in a manner that is consistent with authorized hydropower purposes at Corps projects (section 101). Discussed H.R. 9637, the Protecting Columbia River Salmon Act of 2026 to protect salmon from sea lion predation (all provisions).

Literal federal measure citations: H.R. 9497, H.R. 9637

DIS · Disaster Planning/Emergencies

Discussed concerns with proposed changes to the operation of the Federal Emergency Management Agency (FEMA) as proposed by the FEMA Reform Council in its Final Report (changes to disaster designation methodology, public assistance calculations, and converting public assistance into block grants). Discussed support for H.R. 4669, the FEMA Act (all provisions), including section 101 on rebuilding public infrastructure. Discussed draft legislation to improve resilience, including support for improving FEMA resilience and hazard mitigation programs to explicitly support projects involving energy storage, microgrids, distributed energy resources, community resilience bubs, and energy resilience for critical facilities.

Literal federal measure citations: H.R. 4669

ENV · Environment/Superfund

Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under the National Environmental Policy Act (all provisions). Discussed support for H.R. 4503, the ePermit Act, to digitize the federal permitting process for environmental reviews. Discussed support for H.R. 1897, the ESA Amendments Act of 2025, to amend the Endangered Species Act of 1973 to optimize conservation through resource prioritization, incentivize wildlife conservation on private lands, provide for greater incentives to recover listed species, create greater transparency and accountability in recovering listed species, streamline the permitting process, eliminate barriers to conservation, and restore congressional intent.

Literal federal measure citations: H.R. 4776, H.R. 4503, H.R. 1897

COM · Communications/Broadcasting/Radio/TV

Discussed concerns with the Federal Communications Commissions (FCC) Notice of Proposed Rulemaking (FCC WC Docket 25-253) that seeks to use section 253 of the Communications Act to regulate public power pole attachments in contravention of the municipal exemption in section 224 of the Communications Act from FCC regulation of public power pole attachments.

CAW · Clean Air and Water (quality)

Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, the provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and the provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Discussed support for H.R. 161, the New Source Review Permitting Improvement Act (all provisions). Discussed H.R. 9855, the Certainty and Uniform Reviews for Reliable Energy and Transmission (CERTAIN) Act, to amend the Federal Water Pollution Control Act to make certain reforms with respect to permits and licenses under such act. Specifically discussed amending the Clean Water Act section 401 water quality certification process. Discussed support for H.R. 9855, the CERTAIN Act.

Literal federal measure citations: H.R. 3898, H.R. 161, H.R. 9855, H.R. 9855