AMERICAN PUBLIC POWER ASSOCIATION

Discussed the public power business model. Discussed how the model of shared responsibility for cybersecurity and resilience, which assigns each critical infrastructure sector a Sector-Risk Management Agency (SRMA) to work closely with on a day-to-day basis (while broadly coordinating with the Department of Homeland Security (DHS)) has and continues to be successful. Expressed support for the Department of Energy as the electric sectors SMRA. Discussed how the electric sector has strong mandatory and enforceable cyber and physical security standards, including cyber incident reporting, in place, and why cybersecurity standards and mandates must be risk-based. Discussed physical security and cybersecurity collaboration with the federal government. Discussed the implementation of Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed support for S. 448, the Credit Incentives for Resilient Critical Utility Infrastructure and Transformers (CIRCUIT) Act to provide tax credits to the manufacturers of distribution transformers (all provisions). Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed the importance of improving the hydropower licensing and relicensing process (no bill). Discussed draft language to not require licensees to obtain approval for non-substantive alterations or additions at hydropower facilities, routine maintenance, or replacement of hydropower projects that are in response to circumstances beyond their reasonable control. (no legislation). Discussed support for S. 1183, the Maintaining and Enhancing Hydroelectricity and River Restoration Act, to establish tax credits environmental and safety upgrades at non-federal hydropower projects (all provisions). Discussed energy tax credits for hydropower (no legislation). Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey (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, and support for amendments 58 and 45 that would exempt Federal Power Act section 201(f) entities from sections 401 and 402 of the legislation. Discussed the need for permitting reform, including changes to the National Environmental Policy Act and other environmental statutes, to help expedite the siting and permitting of energy projects to meet rising electricity demand (no legislation). Discussed interconnection queue reform efforts (no legislation). Discussed H.R. 1047/S. 465, the GRID Power Act to direct the Federal Energy Regulatory Commission to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed concerns with transmission affordability and rising transmission costs, and support for policies, such as joint ownership and eliminating unnecessary incentives, that would reduce transmission costs (no legislation). Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed of electricity affordability for all customers (no legislation). Discussed the potential impact of federal funding freezes (no legislation). Discussed APPAs involvement in the Navajo Tribal Utility Authoritys (NTUA) Light Up Navajo effort.

Discussed support for increased funding for the Low Income Home Energy Assistance Program in fiscal year 2026 (no legislation).

Discussed the importance of elective pay refundable energy tax credits included in the Inflation Reduction Act (Pub. Law 117-169) for public power investments in clean energy technologies and expressed concerns with any legislative efforts to eliminate them. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed concerns with implementation of the domestic content requirements necessary to access elective pay provisions in the Inflation Reduction Act (Pub. Law 117-169, sections 13101(g)(2), 13102(l), 13701, and 13702). Discussed tax credits for hydropower (no legislation). Discussed support for H.R. 1255, the Investing in Our Communities Act, to reinstate the ability to issue tax-exempt advanced refunding bonds.

Discussed concerns with third-party efforts to remove the Lower Snake River Dams and the importance of hydropower (no bill). Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to privatize them in whole or in part. Discussed impacts staff reductions could have on the operations of the federal Power Marketing Administrations. Discussed support for S. 887, the Basin Fund Preservation Act to provide for a memorandum of understanding to address the impacts of a certain record of decision on the Upper Colorado River Basin Fund (all provisions).

Discussed support for H.R. 2672, the FEMA Loan Interest Payment Relief Act (all provisions) to provide financial assistance to a local government or electric cooperative as reimbursement for interest paid on a loan used for emergency or disaster recovery activities later paid for by FEMA assistance. Discussed support for its reintroduction in the 119th Congress. Discussed support for H.R. 164, the Promoting Opportunities to Widen Electrical Resilience (POWER) Act, to authorize electric utilities receiving certain emergency assistance for the restoration of power to also carry out cost-effective hazard mitigation activities in combination with the power restoration activities.

Discussed potential Comprehensive Environmental Response, Compensation, and Liability Act liability for public power utilities as passive receivers of PFAS (no legislation).

Discussed H.R. 278, the BROADBAND Leadership Act, to amend the Communications Act of 1934 to streamline siting processes for telecommunications service facilities and its potential impacts on public power utilities (all provisions).

Discussed support for legislation in the 118th Congress to renew existing federal counter-drone authorities for large sites, including critical infrastructure (H.R. 8610, the Counter-UAS Authority Security, Safety, and Reauthorization Act) to be reintroduced in the 119th Congress. Discussed support for reintroduction of legislation from the 118th Congress to enhance the authority granted to the Department of Homeland Security and Department of Justice with respect to unmanned aircraft systems and unmanned aircraft (S. 1631, the Safeguarding the Homeland from Threats Posed by Unmanned Aircraft Systems Act).