HouseH.R. 10738119th Congress
Affordable Power for Host Communities Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10738 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10738
To amend the Public Utility Regulatory Policies Act of 1978 to require
consideration of discounting rates for providing electric service to
electric consumers in counties in which certain generation facilities
are located, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 5, 2026
Mr. Gallagher introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Utility Regulatory Policies Act of 1978 to require
consideration of discounting rates for providing electric service to
electric consumers in counties in which certain generation facilities
are located, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Power for Host
Communities Act''.
SEC. 2. DISCOUNTED RATES FOR HOST COUNTIES.
(a) Federal Standard.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by
adding at the end the following:
``(22) Discounted rates for host counties.--
``(A) Discounted rates.--Rates charged by any
electric utility for providing electric service to a
class of electric consumers shall be discounted by 20
percent for electric consumers in such class who are
provided electric service in a host county compared to
rates charged by such electric utility for providing
electric service to electric consumers in such class
who are provided electric service outside of a host
county.
``(B) Definitions.--In this paragraph:
``(i) Host county.--The term `host county'
means a county in which a covered generation
facility is located.
``(ii) Covered generation facility.--The
term `covered generation facility'--
``(I) means a facility that--
``(aa) generates electric
energy that is delivered to
local distribution facilities
and sold;
``(bb) has a nameplate
capacity of at least 5
megawatts; and
``(cc) imposes operational,
environmental, or
infrastructure burdens,
including land use
restrictions, water management
constraints, wildfire risk
associated with transmission
infrastructure, environmental
compliance obligations, on the
county in which such facility
is located; and
``(II) includes hydroelectric,
geothermal, biomass, solar, and wind
generation facilities and associated
Federal or State-owned
infrastructure.''.
(b) Obligations To Consider and Determine.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(9)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated electric utility
shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (22) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (22) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
amended by adding at the end the following: ``In the case of
the standard established by paragraph (22) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of that paragraph (22).''.
(3) Prior state actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by
adding at the end the following:
``(i) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (22) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility during the 3-year period ending on that date of
enactment.''.
(c) Prior and Pending Proceedings.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by
adding at the end the following: ``In the case of the standard
established by paragraph (22) of section 111(d), the reference
contained in this section to the date of enactment of this Act shall be
deemed to be a reference to the date of enactment of that paragraph
(22).''.
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