§ 2622. Obligations to consider and determine

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Public Utility Regulatory Policies Act of 1978

   Pub. L. 95–617 title I § 112 · 92 Stat. 3117

   Enacted · 16 U.S.C. § 2622

   Pub. L. 95–617, title I, § 112, Nov. 9, 1978, 92 Stat. 3122

   Source evidence

   Code source credit
   Pub. L. 95–617, title I, § 112, Nov. 9, 1978, 92 Stat. 3122

   Enacted provision · exact public law section
   SEC. 112. OBLIGATIONS TO CONSIDER AND DETERMINE. (a) Request for Consideration and Determination.— Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility may undertake the consideration and make the determination referred to in section 111 with respect to any standard established by section 111(d) in any proceeding respecting the rates of the electric utility. Any participant or intervenor (including an intervenor referred to in section 121) in such a proceeding may request, and shall obtain, such consideration and determination in such proceeding. In undertaking such consideration and making such determination in any such proceeding with respect to the application to any electric utility of any standard established by section 111(d), a State regulatory authority (with respect to an electric utility for which it has ratemaking authority) or nonregulated electric utility may take into account in such proceeding— (1) any appropriate prior determination with respect to such standard— (A) which is made in a proceeding which takes place after the date of the enactment of this Act, or (B) which was made before such date (or is made in a proceeding pending on such date) and complies, as provided in section 124, with the requirements of this title; and (2) the evidence upon which such prior determination was based (if such evidence is referenced in such proceeding). (b) Time Limitations.— (1) Not later than 2 years after the date of the enactment of this Act. each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for such consideration, with respect to each standard established by section 111(d). (2) Not later than three years after the date of the enactment of this Act, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by section 111(d). (c) Failure To Comply.— Each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall undertake the consideration, and make the determination, referred to in section 111 with respect to each standard established by section 111(d) in the first rate proceeding commenced after the date three years after the date of enactment of this Act respecting the rates of such utility if such State regulatory authority or nonregulated electric utility has not, before such date, complied with subsection (b) (2) with respect to such standard.

2. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 title I § 111(c) · 106 Stat. 2776

   Inserted · 16 U.S.C. § 2622(b)(1); 16 U.S.C. § 2622(b)(2)

   Pub. L. 102–486 inserted “(or after October 24, 1992, in the case of standards under paragraphs (7), (8), and (9) of section 2621(d) of this title)”

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2). Pub. L. 102–486 inserted “(or after October 24, 1992, in the case of standards under paragraphs (7), (8), and (9) of section 2621(d) of this title)”.

   Enacted provision · exact public law section
   (c) Effective Date.— Section 112(b) of such Act is amended 16 USC 2622. by inserting “(or after the enactment of the Comprehensive National Energy Policy Act in the case of standards under paragraphs (7), (8) , and (9) of section 111(d))” after “Act” in both places such word appears in paragraphs (1) and (2).

3. 2005

   Electricity Modernization Act of 2005

   Pub. L. 109–58 § 1251(b)(1) · 119 Stat. 594

   Added · 16 U.S.C. § 2622(b)(3)

   Pub. L. 109–58, § 1251(b)(1), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 109–58, § 1251(b)(1), added par. (3).

   Enacted provision · exact public law section
   (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: “(3) (A) Not later than 2 years after the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for such consideration, with respect to each standard established by paragraphs (11) through (13) of section 111(d). “(B) Not later than 3 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by paragraphs (11) through (13) of section 111(d).” .

   Effective date note
   Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

4. 2005

   Electricity Modernization Act of 2005

   Pub. L. 109–58 § 1252(g) · 119 Stat. 594

   Added · 16 U.S.C. § 2622(b)(4)

   Pub. L. 109–58, § 1252(g), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 109–58, § 1252(g), added par. (4).

   Enacted provision · exact public law section
   (g) 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: “(4) (A) Not later than 1 year after the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated electric utility shall commence the consideration referred to in section 111, or set a hearing date for such consideration, with respect to the standard established by paragraph (14) of section 111(d). “(B) Not later than 2 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to the standard established by paragraph (14) of section 111(d).” .

   Effective date note
   Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

5. 2005

   Electricity Modernization Act of 2005

   Pub. L. 109–58 § 1254(b)(1) · 119 Stat. 594

   Added · 16 U.S.C. § 2622(b)(5)

   Pub. L. 109–58, § 1254(b)(1), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 109–58, § 1254(b)(1), added par. (5).

   Enacted provision · exact public law section
   (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: “(5) (A) Not later than 1 year after the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (15) of section 111(d). “(B) Not later than two years after the date of the enactment of the this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by paragraph (15) of section 111(d).” .

   Effective date note
   Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

6. 2005

   Electricity Modernization Act of 2005

   Pub. L. 109–58 § 1252(h) · 119 Stat. 594

   Inserted · 16 U.S.C. § 2622(c)

   Pub. L. 109–58, § 1252(h), inserted at end “In the case of the standard established by paragraph (14) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–58, § 1252(h), inserted at end “In the case of the standard established by paragraph (14) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”

   Enacted provision · exact public law section
   (h) 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 (14) 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 such paragraph (14).” .

   Effective date note
   Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

7. 2005

   Electricity Modernization Act of 2005

   Pub. L. 109–58 § 1251(b)(2) · 119 Stat. 594

   Inserted · 16 U.S.C. § 2622(c)

   Pub. L. 109–58, § 1251(b)(2), inserted at end “In the case of each standard established by paragraphs (11) through (13) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–58, § 1251(b)(2), inserted at end “In the case of each standard established by paragraphs (11) through (13) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”

   Enacted provision · exact public law section
   (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 each standard established by paragraphs (11) through (13) 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 such paragraphs (11) through (13).”.

   Effective date note
   Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

8. 2005

   Electricity Modernization Act of 2005

   Pub. L. 109–58 § 1254(b)(2) · 119 Stat. 594

   Repealed · 16 U.S.C. § 2622(d)

   Pub. L. 109–58, § 1254(b)(2), which directed amendment of subsec. (d) by inserting at end “In the case of the standard established by paragraph (15), the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”, was repealed and made void by Pub. L. 117–58, § 40104(a)(2)(B)(ii). See Effective Date of 2021 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–58, § 1254(b)(2), which directed amendment of subsec. (d) by inserting at end “In the case of the standard established by paragraph (15), the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005.”, was repealed and made void by Pub. L. 117–58, § 40104(a)(2)(B)(ii). See Effective Date of 2021 Amendment note below.

   Enacted provision · exact public law section
   (2) Failure to comply.— Section 112(d) 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 (15), 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 paragraph (15).”.

   Effective date note
   Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

9. 2005

   Electricity Modernization Act of 2005

   Pub. L. 109–58 § 1251(b)(3)(A) · 119 Stat. 594

   Added · 16 U.S.C. § 2622(d)

   Pub. L. 109–58, § 1251(b)(3)(A), added subsec. (d)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–58, § 1251(b)(3)(A), added subsec. (d).

   Enacted provision · exact public law section
   (A) In general.— 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: “(d) Prior State Actions.— Subsections (b) and (c) of this section shall not apply to the standards established by paragraphs (11) through (13) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection— “(1) the State has implemented for such utility the standard concerned (or a comparable standard); “(2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or “(3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility.” .

   Effective date note
   Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

10. 2005

    Electricity Modernization Act of 2005

    Pub. L. 109–58 § 1252(i)(1) · 119 Stat. 594

    Added · 16 U.S.C. § 2622(e)

    Pub. L. 109–58, § 1252(i)(1), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–58, § 1252(i)(1), added subsec. (e).

    Enacted provision · exact public law section
    (1) In general.— 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: “(e) Prior State Actions.— Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (14) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection— “(1) the State has implemented for such utility the standard concerned (or a comparable standard); “(2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility within the previous 3 years; or “(3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility within the previous 3 years.” .

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

11. 2005

    Electricity Modernization Act of 2005

    Pub. L. 109–58 § 1254(b)(3)(A) · 119 Stat. 594

    Added · 16 U.S.C. § 2622(f)

    Pub. L. 109–58, § 1254(b)(3)(A), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–58, § 1254(b)(3)(A), added subsec. (f).

    Enacted provision · exact public law section
    (A) In general.— 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: “(f) Prior State Actions.— Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (15) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection— “(1) the State has implemented for such utility the standard concerned (or a comparable standard); “(2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility; or “(3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility.” .

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

12. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 1307(b)(1) · 121 Stat. 1492

    Added · 16 U.S.C. § 2622(b)(6)

    Pub. L. 110–140, § 1307(b)(1), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 110–140, § 1307(b)(1), added par. (6).

    Enacted provision · exact public law section
    (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 the following at the end thereof: “(6) (A) Not later than 1 year after the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standards established by paragraphs (17) through (18) of section 111(d). “(B) Not later than 2 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by paragraphs (17) through (18) of section 111(d).” .

13. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 1307(b)(2) · 121 Stat. 1492

    Inserted · 16 U.S.C. § 2622(c)

    Pub. L. 110–140, § 1307(b)(2), inserted at end “In the case of the standards established by paragraphs (16) through (19) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to December 19, 2007.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–140, § 1307(b)(2), inserted at end “In the case of the standards established by paragraphs (16) through (19) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to December 19, 2007.”

    Enacted provision · exact public law section
    (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 the following at the end:   “In the case of the standards established by paragraphs (16) through (19) 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 such paragraphs.” .

14. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 1307(b)(3) · 121 Stat. 1492

    Inserted · 16 U.S.C. § 2622(d)

    Pub. L. 110–140, § 1307(b)(3), inserted “and paragraphs (17) through (18)” before “of section 2621(d)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–140, § 1307(b)(3), inserted “and paragraphs (17) through (18)” before “of section 2621(d)” in introductory provisions.

    Enacted provision · exact public law section
    (3) Prior state actions.— Section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) is amended by inserting “and paragraphs (17) through (18)” before “of section 111(d)”.

15. 2009

    American Recovery and Reinvestment Act of 2009

    Pub. L. 111–5 div. A title IV § 408(b) · 123 Stat. 115

    Substituted · 16 U.S.C. § 2622(b)(6); 16 U.S.C. § 2622(b)(d)

    Pub. L. 111–5 substituted “(16) through (19)” for “(17) through (18)” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (b)(6), (d). Pub. L. 111–5 substituted “(16) through (19)” for “(17) through (18)” wherever appearing.

    Enacted provision · exact public law section
    (b) Subsections (b) and (d) of section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) are each amended by striking “(17) through (18)” in each place it appears and inserting “(16) through (19)”.

16. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 40104(a)(2)(A) · 135 Stat. 429

    Added · 16 U.S.C. § 2622(b)(7)

    Pub. L. 117–58, § 40104(a)(2)(A), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 117–58, § 40104(a)(2)(A), added par. (7).

    Enacted provision · exact public law section
    (A) 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: “(7) (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 (20) 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 (20) of section 111(d).” .

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

17. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 40431(b)(1) · 135 Stat. 429

    Added · 16 U.S.C. § 2622(b)(8)

    Pub. L. 117–58, § 40431(b)(1), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 117–58, § 40431(b)(1), added par. (8).

    Enacted provision · exact public law section
    (1) Time limitation.— Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended by section 40104(a)(2)(A)) is amended by adding at the end the following: “(8) (A) Deadlines. 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 utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (21) 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 (21) of section 111(d).” .

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

18. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 40431(b)(2) · 135 Stat. 429

    Inserted · 16 U.S.C. § 2622(c)

    Pub. L. 117–58, § 40431(b)(2), inserted at end “In the case of the standard established by paragraph (21) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to November 15, 2021.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–58, § 40431(b)(2), inserted at end “In the case of the standard established by paragraph (21) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to November 15, 2021.”

    Enacted provision · exact public law section
    (2) Failure to comply.— Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as amended by section 40104(a)(2)(B)(i)) is amended by adding at the end the following: “In the case of the standard established by paragraph (21) 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 (21).”.

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

19. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 40104(a)(2)(B)(i) · 135 Stat. 429

    1. Substituted · 16 U.S.C. § 2622(c)

       Pub. L. 117–58, § 40104(a)(2)(B)(i), substituted “August 8, 2005. In the case of the standard established by paragraph (15) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of the standards established by paragraphs (16)” for “August 8, 2005. In the case of the standards established by paragraphs (16)”

    2. Inserted · 16 U.S.C. § 2622(c)

       Pub. L. 117–58, § 40104(a)(2)(B)(i), inserted at end “In the case of the standard established by paragraph (20) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to November 15, 2021.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–58, § 40104(a)(2)(B)(i), substituted “August 8, 2005. In the case of the standard established by paragraph (15) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to August 8, 2005. In the case of the standards established by paragraphs (16)” for “August 8, 2005. In the case of the standards established by paragraphs (16)” and inserted at end “In the case of the standard established by paragraph (20) of section 2621(d) of this title, the reference contained in this subsection to November 9, 1978, shall be deemed to be a reference to November 15, 2021.”

    Enacted provision · exact public law section
    (i) In general.— Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended— (I) by striking “such paragraph (14)” and all that follows through “paragraphs (16)” and inserting “such paragraph (14). In the case of the standard established by paragraph (15) 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 (15). In the case of the standards established by paragraphs (16)”; and (II) by adding at the end the following: “In the case of the standard established by paragraph (20) 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 (20).”.

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

20. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 40104(a)(2)(B)(ii) · 135 Stat. 429

    Repealed · 16 U.S.C. § 2622(d)

    Pub. L. 117–58, § 40104(a)(2)(B)(ii), repealed Pub. L. 109–58, § 1254(b)(2). See 2005 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–58, § 40104(a)(2)(B)(ii), repealed Pub. L. 109–58, § 1254(b)(2). See 2005 Amendment note below.

    Enacted provision · exact public law section
    (ii) Technical correction.— Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) 16 USC 2622 and note. is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

21. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 40104(a)(2)(C)(i) · 135 Stat. 429

    Added · 16 U.S.C. § 2622(g)

    Pub. L. 117–58, § 40104(a)(2)(C)(i), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 117–58, § 40104(a)(2)(C)(i), added subsec. (g).

    Enacted provision · exact public law section
    (i) In general.— 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: “(g) Prior State Actions.— Subsections (b) and (c) shall not apply to the standard established by paragraph (20) 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.” .

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

22. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 40431(b)(3)(A) · 135 Stat. 429

    Added · 16 U.S.C. § 2622(h)

    Pub. L. 117–58, § 40431(b)(3)(A), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 117–58, § 40431(b)(3)(A), added subsec. (h).

    Enacted provision · exact public law section
    (A) In general.— Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as amended by section 40104(a)(2)(C)(i)) is amended by adding at the end the following: “(h) Other Prior State Actions.— Subsections (b) and (c) shall not apply to the standard established by paragraph (21) 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) Time period. 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.” .

    Effective date note
    Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii), Nov. 15, 2021, 135 Stat. 931, provided that: “Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 971) [amending this section] is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act [Nov. 15, 2021]) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted.”

23 of 23 references resolved to an enrolled provision