AMERICAN PUBLIC POWER ASSOCIATION

Discussed the public power business model. Discussed the role of the Electricity Subsector Coordinating Council (ESCC) and the need for Critical Infrastructure Partnership Advisory Council (CIPAC) protections that allow the ESCC to be operational. Discussed the importance of the Federal Emergency Management Agency (FEMA) in coordinating the response to federal disasters and the restoration of electricity after such disasters. Discussed the upcoming hurricane season and the importance of the Department of Energy (DOE) as a partner in the mutual aid response given federal waivers and exemptions authority primarily resides in the Office of Cybersecurity, Energy Security, and Emergency Response within DOE. Discussed APPAs involvement with the Energy Threat Analysis Center. Discussed support for the reauthorization of the Cybersecurity and Information Security Act of 2015 (passed as Division N of P.L. 114-113) and provisions to maintain public power utilities inclusion in the definition of private entity in section 102(15)(B) and maintaining public power utilities inclusion in section 104(B) - Exemption from Disclosure. Discussed the importance of the Rural and Municipal Advanced Cybersecurity Grant Technical Assistance Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58) to help smaller public power utilities with their cybersecurity posture. Discussed concerns with proposed rescissions of funding for the RMUC Program (section 40124 of the Infrastructure Investment and Jobs Act, P.L. 117-58). Discussed how public power utilities are utilizing the Grid Resilience and Innovation Partnerships (GRIP) Program to enhance grid reliability and affordability in their communities. Discussed APPA support for the GRIP Program and protecting obligated funds from potential rescissions (no legislation). 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 the importance of hydropower to the electric grid and reliability. Discussed support for H.R. 2160/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 draft appropriations report language for DOE to study the feasibility of federal technical assistance and regional planning to meet local and regional energy goals. 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 congressional oversight of the interconnection queue process (no legislation). Discussed the need for more flexibility for Federal Energy Regulatory Commission (FERC) and regional transmission organizations in prioritizing interconnection queues based on regional needs rather than resource attributes. Discussed H.R. 1047/S. 465, the GRID Power Act, to direct FERC to reform the interconnection queue process for the prioritization and approval of certain projects (all provisions). Discussed support for H.R. 3616, the Reliable Power Act, to give FERC the authority to determine and mitigate the significant reliability impacts of major federal regulations (pre-introduction and post-introduction of legislation). Discussed draft legislation, the State Energy Accountability Act, to create a new Public Utility Regulatory Policies Act (PURPA) section 111(d) must-consider requirement to require state regulatory authorities that implement an intermittent energy policy to considering conducting and making public an evaluation of the policys impact on reliability, including during extreme weather, and affordability, among other impacts. Discussed draft legislation, the State Planning for Reliability and Affordability Act, to require utilities to establish sufficient reliable generation facilities to ensure the availability of electric energy over a 10-year period as part of integrated resource planning. Discussed the importance of maintaining grid reliability and resource adequacy issues. Also discussed the importance of electricity affordability for all customers (no legislation). Discussed public powers concerns about transmission affordability, including transmission incentives. Discussed FERCs concerns about resource adequacy and the results of recent capacity auctions. Discussed the importance of reliability, including coordination between the gas and electricity sectors. Discussed the impact of changing tariffs on supply chains for electric utilities (no legislation). Discussed the importance of the Tennessee Valley Authority in providing affordable and reliable power to the Tennessee Valley.

Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed opposition to potential legislation to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 103, tax exemption for municipal bonds. Discussed opposition to potential budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 to amend, in whole or in part, 26 USC 6817, elective payment of energy tax credits. Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from the Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025). Discussed opposition to Senate Finance Committee budget reconciliation legislative recommendations pursuant to H.Con.Res. 14 (concurrent resolution on the budget for fiscal year 2025) section 70513(b) (restrictions relating to prohibited foreign entities) provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to H.R. 1, section 70513(b) (restrictions relating to prohibited foreign entities) as passed by the House, provision requiring publicly held debt to be tested for ownership by specified foreign entities. Discussed opposition to section 70512(f), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, and section 70513(a), Termination for Wind and Solar Facilities, ending the production tax credits for projects placed in service after 2027, in Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed support for striking section 70512(f), Elimination of Exception from Phaseout for Elective Payment, from Senate amendment 2360, (the Senate Budget Committee Amendment to H.R. 1). Discussed Elective Pay Blueprint APPA developed for APPA members to guide them on energy tax credits. Discussed support for S. 1481, the LOCAL Infrastructure Act, to reinstate advance refunding bonds. Discussed support for S. 5212, the Enhanced Energy Recovery Act, provisions ensuring tax credits for expanding carbon capture are available via elective payment.

Discussed concerns with third-party efforts to remove the Lower Snake River Dams and the importance of hydropower (no bill). Discussed President Trumps Executive Order, Empowering Commonsense Wildfire Prevention and Response, and APPAs support for efforts to improve interagency coordination on wildfires. Discussed support for H.R. 471/S. 1462, the Fix Our Forests Act, including section 204 in the House bill to provide categorical exclusions for vegetation management along power line rights-of-way on federal lands. Discussed support for H.R. 2492, the Fire Safe Electrical Corridors Act of 2025 (all provisions). Discussed concerns with section 60062 in H.R. 1, the One Big Beautiful Bill Act, provision to allow for faster review of environmental assessments and environmental impact statements under the National Environmental Policy Act. Discussed H.R. 3637, the Locally Led Restoration Act of 2025, to allow public and private entities to enter into stewardship contracts with the Forest Service and the Bureau of Land Management if the goals of a project include the removal of vegetation and at least 10 percent of the vegetation proposed to be removed is salvage, meaning wildfire kill, beetle kill, and dead or dying organic material.

Discussed support for increased funding for the Low Income Home Energy Assistance Program in fiscal year 2026 (no legislation). Discussed support for adequate funding of sections 403 and 406 of the Stafford Act (public assistance grants).

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 S. 1429/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 opposition to the repeal of the Stafford Act (no legislation). Provided feedback to draft legislation, the Fixing Emergency Management for Americans (FEMA) Act, including section 101, to replace existing section 406 cost-based grants with new Stafford Act section 409 estimate-based grants.

Discussed the regulatory uncertainty created by the legacy Coal Combustion Residuals rulemakings that are currently under review (Docket No. EPA-HQ-OLEM-202-0107).

Discussed the provisions the Senate version of H.R. 1, the One Big Beautiful Bill Act, to auction licenses in the 6 gigahertz (GHz) band and the potential impact it could have on public power utilities that rely on the 6 GHz band for critical utility communications. Discussed how House version of H.R. 1 did not include similar language.

Discussed general support for the repeal of the 2024 Carbon Pollution Standard (Docket No. EPA-HQ-OAR-2025-0124). Discussed the potential reliability impacts from the rule, as well impracticality of using carbon capture and storage technology to reduce emissions given the current state of the technology. Discussed concerns with the 2024 Effluent Limitation Guidelines Rule and the costs of various waterwater treatment technologies required to comply with the rule (Docket No. EPA-HQ-OW-2009-0819). Discussed the administrations plans to reconsider the rule and the challenges with meeting the compliance deadlines in the 2024 rule. Discussed and provided feedback on draft legislation to amend the Clean Water Act to improve the federal permitting process. Discussed support for H.R. 3898, the PERMIT Act, to improve the permitting process for infrastructure projects under the Clean Water Act, provision regarding nationwide permitting and the determination of the appropriate acreage threshold for discharges into WOTUS, and provision regarding section 18 statutory exclusion from the regulatory definition of WOTUS for waste treatment systems. Also discussed section 6, clarifying federal general permits, and section 15, judicial review timelines clarity. Discussed proposal by the Army Corps of Engineers to reissue or modify the 2021 Nationwide Permits (NWPs) under section 404 of the Clean Water Act and section 10 of the Rivers and Harbor Act of 1899. Discussed the need to quickly issue and finalize an NWP rulemaking to assist energy infrastructure projects (DOE/COE; RIN 0710-AB56).

Discussed S. 5421, the Accelerating Reliable Capacity (ARC) Act, from the 118th Congress, to incentivize new investments in new nuclear reactors. Discussed changes to section 3 to ensure that utilities that partner with the Power Marketing Administrations and Tennessee Valley Authority can receive loan guarantees.