AMERICAN PUBLIC POWER ASSOCIATION

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 CISAs work to implement the Cyber Incident Reporting for Critical Infrastructure Act (passed as Division Y of P.L. 117-103) - provisions regarding the scope of the rulemaking and harmonization of cyber incident reporting with other reporting mandates. Discussed concerns with the creation of additional cyber incident reporting requirements for electric utilities (no legislation). Discussed support for reauthorizing 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. Also discussed extending the availability of existing funds and qualifications for awards. Discussed support for reintroduction of H.R. 4045, the Hydropower Clean Energy Future Act in the 119th Congress (all provisions). Discussed general APPA 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 support for S. 3518, 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 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. 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 concerns with H.R. 5600, the SPEED & Reliability Act (all provisions), to remove duplicative NEPA requirements for the National Interest Electric Transmission Corridor designation and siting processes. Discussed support for H.R. 3616, the Reliable Power Act, to give the Federal Energy Regulatory Commission (FERC) the authority to determine and mitigate the significant reliability impacts of major federal regulations (all provisions). Discussed H.R. 3843, the Baseline Reliability Protection Act (all provisions), to prohibit retirements of baseload electric generating units in any area that is served by a Regional Transmission Organization or an Independent System Operator and that the North American Electric Reliability Corporation categorizes as at elevated risk or high risk of electricity supply shortfalls. Discussed resource adequacy issues and the importance of grid reliability (no legislation). Discussed H.R. 3699, the Energy Choice Act, to prohibit states or local governments from prohibiting or limiting the connection, reconnection, modification, installation, transportation, distribution, or expansion of an energy service based on the type or source of energy to be delivered (all provisions). Discussed how public power utilities, both transmission owners and transmission dependent, interact with FERC, participate in wholesale electricity markets, and other regional planning bodies (no legislation). Discussed the Department of Energys Speed to Power Initiative and the importance of resource adequacy for grid reliability. Discussed the impact tariffs are having on public power utilities (no legislation).

Discussed possible regulations to implement section 26 USC 7701(a)(51), prohibited foreign entity debt test. Discussed support of possible changes to 26 CFR 1.141-7, Special Rules for Output Facilities, to accommodate long-term customized commercial contracts.

Discussed support for H.R. 3158/S. 1570, the Hoover Dam Act, to amend the Boulder Canyon Project Act to authorize the Secretary of the Interior to expend amounts in the Colorado River Dam fund Discussed the need for the Bureau of Reclamation to release approximately $52 million in the Colorado River Dam Fund for upgrades at Hoover Dam. Discussed the need for appropriate staffing at the Bureau of Reclamation to counter the impacts of staff cuts that have increased overhead rates at Hoover Dam from 12 percent to 41 percent (no legislation). Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusion for vegetation management along power line rights-of-way on federal lands. Discussed support for agency actions to expedite environmental reviews under NEPA, the Endangered Species Act, and National Historic Preservation Act to reduce the risk of wildfires. Discussed strict liability caps for wildfires on federal lands under the Forest Land Policy and Management Act (P.L. 94-579). Discussed the need for more consistency of land management practices at federal land management agencies, such as U.S. Forest Service and the Bureau of Land Management. Discussed support for S. 1034/H.R. 2432, the Southwestern Power Administration Fund Establishment Act (all provisions).

Discussed support of possible legislation to waive 2 U.S. Code Chapter 20A, Statutory Pay-as-You-Go, in relation to the budget effects of the One Big Beautiful Bill Act of 2025 (P.L. 119-21). Discussed support for increased funding for the Low Income Home Energy Assistance Program (LIHEAP)(no legislation). Discussed support for a mechanism that provides emergency funding for LIHEAP during government shutdowns (no legislation).

Discussed support for H.R. 4669, the FEMA Act (all provisions), including section 101 on rebuilding public infrastructure. Discussed support for amending the definition of building codes as used in determining eligible permanent work under proposed section 409 to include electric power utility standards in H.R. 4669, the FEMA Act. Discussed concerns with possible changes to the Stafford Act to allow the recoupment of recovery costs. Discussed the impact to public power utilities of Building Resilient Infrastructure and Communities grant cancellations.

Discussed support for H.R. 4776, the SPEED Act, to reform permitting processes under NEPA (all provisions). Discussed support of reforms to the Endangered Species Act that would change the definition of habitat (no legislation). Discussed how the Endangered Species Act impacts energy infrastructure projects (no legislation). Discussed H.R. 1897, the Endangered Species Act Amendments of 2025 (all provisions). Discussed the importance of the Endangered Species Act for public power utilities and some of the challenges the statute creates (Docket No. FWS-HQ-ES-2025-0039, FWS-HQ-ES-2025-0048, FWS-HQ-ES-2025-0029, and FWS-HQ-ES-2025-0044).

Discussed opposition to H.R. 278, BROADBAND Leadership Act, to use section 253 of the Communications Act of 1934 to effectively gut the exemption in section 224, which prevents the Federal Communications Commission from regulating public power pole attachments. Discussed concerns with section 102 of the H.R. 2289, the Proportional Review for Broadband Deployment Act, which includes the text of H.R. 278.

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 the proposed rulemaking to revise the definition of Waters of the United States and implementation changes. Also discussed ways to strengthen the proposal (Docket ID No.: EPA-OW-2025-0322; FRL 11132.1-01-OW).

Discussed provisions in S. 1071, the National Defense Authorization Act for Fiscal Year 2026 on nuclear energy, interconnection and distribution (sections 2878, 6622, and 319) and the siting of small modular reactors on military bases and how they would interconnect with host communities.

Discussed letter sent to bank regulators regarding the importance of tailoring Basel III Endgame proposal to minimize the impact on end-users ability to utilize derivative markets (no legislation).