AMERICAN PUBLIC POWER ASSOCIATION

Discussed concerns with third-party efforts to remove the Lower Snake River Dams and the importance of hydropower (no bill). Discussed concerns with sections 121(a) and 121(c) of H.R. 8812, the Water Resources Development Act of 2024, regarding the classification of authorized purposes at Army Corps of Engineers (Corps) projects and cost sharing, and support for including hydropower as a limitation to designating water supply as an Corps primary purpose in section 121 to address those concerns. Discussed support for including hydropower as a limitation on an emergency drought operations pilot program for Corps projects in AZ, CA, and NV in section 152 of the legislation. Discussed support for including hydropower as a limitation on an emergency drought operations pilot program for Corps projects in AZ, CA, and NV in section 345 of S. 4367, the Thomas R. Carper Water Resources Development Act of 2024. Discussed support for the inclusion of report language in H.R. 8812, the Water Resources Development Act of 2024, that reaffirms the ratemaking authority of the Power Marketing Administration administrators. Discussed support for section 337 in S. 4367, the Water Resources Development Act of 2024, directing the Army Corps of Engineers to apply section 1203 of the Thomas R. Carper Water Resources Development Act of 1986 to a dam safety project at Garrison Dam in North Dakota. Discussed the importance of the federal Power Marketing Administrations that provide federal hydropower to public power utilities and opposition to any attempts to private them in whole or in part. Discussed growing threats to electric utilities from wildfires (no legislation). Discussed support for H.R. 6012, the Fire Safe Electric Corridors Act (all provisions). Discussed support for sections 203 and 204 of H.R. 8790, the Fix Our Forests Act, to allow the clearing of hazard trees withing 150 feet of electric power lines and to create a new categorical exclusion for vegetation management for utility rights-of-way.

Discussed industry-wide distribution transformer shortage and equipment supply chain challenges. Also discussed the need for more domestic production of electrical equipment. Discussed H.R. 9083, the SECURE GRID Act, to amend the Energy Policy and Conservation Act to require states to include supporting the physical security, cybersecurity, and resilience of local distribution systems in State energy security plans (all provisions). Provided feedback on draft legislation to promote the deployment of virtual power plants. Provided feedback on draft legislation to help promote the development of renewable energy microgrids in rural communities. Discussed the need for the Department of Energy (DOE) to reduce the administrative burden for grants and other federal funding opportunities through DOE, especially for smaller, less-resourced utilities. Discussed how DOE could improve collaboration with electric utilities. Discussed support for S. 2994/H.R. 6653, the Maintaining and Enhancing Hydroelectricity and River Restoration Act (all provisions). Discussed support for S. 2356 from the 117th Congress, the Twenty-First Century Dams Act. Discussed concerns with Form EIA-112, Residential Utility Disconnections Survey. Discussed the need for permitting reform to help expedite the siting and permitting of energy projects to meet rising electricity demand. Discussed general support for permitting reform to help expedite the construction of energy infrastructure, including changes to the National Environmental Policy Act to streamline processes but not include transmission-related language that would expand FERCs jurisdiction over cost allocation and potentially saddle public power utilities with additional transmission costs. 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 support for S. 4171, the Making Pipelines Accountable to Consumers and Taxpayers Act. Discussed concerns with H.R. 8032, the Low Income Household Water Assistance Program Establishment Act (all provisions).

Discussed support for H.R. 9541, the Promoting Opportunities to Widen Electric Resilience (POWER) Act.

Discussed support for funding for the Low Income Home Energy Assistance Program in H.R. 9029, the Labor, Health, and Human Services, and Education, and Related Agencies, 2025 Appropriations Act. Discussed support for funding through the appropriations for DOE to help address labor and materials shortages for distribution transformers (report language H.R. 8897, the Fiscal Year 2025 Energy and Water Development and Related Agencies Appropriations Bill. Discussed concerns with amendment 2 to H.R. 8997, the Fiscal Year 2025 Energy and Water Development and Related Agencies Appropriations Bill. Discussed concerns with provisions curtailing elective payment in potential budget reconciliation legislation. Discussed the possible waiver of the sequestration provisions of the Statutory Pay as You Go Act (2 USC 931) as relates to the American Rescue Plan Act (P.L. 117-7). Expressed concerns with amendments 108 and 89 to the Labor, Health and Human Services, and Related Agencies Fiscal Year 2025 Appropriations bill, to take money from the Low Income Home Energy Assistance Program to create a water assistance program.

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 to address climate change. 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 support for H.R. 1837, the Investing in Our Communities Act, to restore advance refunding bonds. Discussed support for S. 1453, the Lifting Our Communities through Advanced Liquidity for Infrastructure Act to restore advance refunding bonds. Discussed possible legislation to address domestic content provisions of elective payment of energy tax credits.