US Code

Public Law 119-73 (01/23/2026)

16 U.S.C. § 2622

Obligations to consider and determine

(a)

Request for consideration and determination

section 2621 of this titlesection 2621(d) of this titlesection 2631 of this titlesection 2621(d) of this titleEach 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 with respect to any standard established by in any proceeding respecting the rates of the electric utility. Any participant or intervenor (including an intervenor referred to in ) 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 , 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 , or
(B)
section 2634 of this title which was made before such date (or is made in a proceeding pending on such date) and complies, as provided in , with the requirements of this chapter; and
(2)
the evidence upon which such prior determination was based (if such evidence is referenced in such proceeding).
(b)

Time limitations

(1)
section 2621(d) of this titlesection 2621 of this titlesection 2621(d) of this title Not later than 2 years after (or after , in the case of standards under paragraphs (7), (8), and (9) of ), 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 , or set a hearing date for such consideration, with respect to each standard established by .
(2)
section 2621(d) of this titlesection 2621 of this titlesection 2621(d) of this title Not later than three years after (or after , in the case of standards under paragraphs (7), (8), and (9) of ), 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 with respect to each standard established by .
(3)
(A)
section 2621 of this titlesection 2621(d) of this title Not later than 2 years after , 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 , or set a hearing date for such consideration, with respect to each standard established by paragraphs (11) through (13) of .
(B)
section 2621 of this titlesection 2621(d) of this title Not later than 3 years after , 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 with respect to each standard established by paragraphs (11) through (13) of .
(4)
(A)
section 2621 of this titlesection 2621(d) of this title Not later than 1 year after , 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 , or set a hearing date for such consideration, with respect to the standard established by paragraph (14) of .
(B)
section 2621 of this titlesection 2621(d) of this title Not later than 2 years after , 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 with respect to the standard established by paragraph (14) of .
(5)
(A)
section 2621 of this titlesection 2621(d) of this title Not later than 1 year after , 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 , or set a hearing date for consideration, with respect to the standard established by paragraph (15) of .
(B)
section 2621 of this titlesection 2621(d) of this title Not later than two years after , 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 with respect to each standard established by paragraph (15) of .
(6)
(A)
section 2621 of this titlesection 2621(d) of this title Not later than 1 year after , 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 , or set a hearing date for consideration, with respect to the standards established by paragraphs (16) through (19) of .
(B)
section 2621 of this titlesection 2621(d) of this title Not later than 2 years after , 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 with respect to each standard established by paragraphs (16) through (19) of .
(7)
(A)
section 2621 of this titlesection 2621(d) of this title Not later than 1 year after , 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 , or set a hearing date for consideration, with respect to the standard established by paragraph (20) of .
(B)
section 2621 of this titlesection 2621(d) of this title Not later than 2 years after , 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 with respect to the standard established by paragraph (20) of .
(8)
(A)
section 2621 of this titlesection 2621(d) of this title Not later than 1 year after , 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 , or set a hearing date for consideration, with respect to the standard established by paragraph (21) of .
(B)
section 2621 of this titlesection 2621(d) of this title Not later than 2 years after , 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 with respect to the standard established by paragraph (21) of .
(c)

Failure to comply

section 2621 of this titlesection 2621(d) of this titlesection 2621(d) of this titlesection 2621(d) of this titlesection 2621(d) of this titlesection 2621(d) of this titlesection 2621(d) of this titlesection 2621(d) of this titleEach 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 with respect to each standard established by in the first rate proceeding commenced after the date three years after , 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. In the case of each standard established by paragraphs (11) through (13) of , the reference contained in this subsection to , shall be deemed to be a reference to . In the case of the standard established by paragraph (14) of , the reference contained in this subsection to , shall be deemed to be a reference to . In the case of the standard established by paragraph (15) of , the reference contained in this subsection to , shall be deemed to be a reference to . In the case of the standards established by paragraphs (16) through (19) of , the reference contained in this subsection to , shall be deemed to be a reference to . In the case of the standard established by paragraph (20) of , the reference contained in this subsection to , shall be deemed to be a reference to . In the case of the standard established by paragraph (21) of , the reference contained in this subsection to , shall be deemed to be a reference to .

(d)

Prior State actions relating to standard under certain paragraphs of section 2621(d)

section 2621(d) of this titleSubsections (b) and (c) of this section shall not apply to the standards established by paragraphs (11) through (13) and paragraphs (16) through (19) of in the case of any electric utility in a State if, before —
(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.
(e)

Prior State actions relating to standard under section 2621(d)(14)

section 2621(d) of this titleSubsections (b) and (c) of this section shall not apply to the standard established by paragraph (14) of in the case of any electric utility in a State if, before —
(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.
(f)

Prior State actions relating to standard under section 2621(d)(15)

section 2621(d) of this titleSubsections (b) and (c) of this section shall not apply to the standard established by paragraph (15) of in the case of any electric utility in a State if, before —
(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.
(g)

Prior State actions

section 2621(d) of this titleSubsections (b) and (c) shall not apply to the standard established by paragraph (20) of in the case of any electric utility in a State if, before —
(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.
(h)

Other prior State actions

section 2621(d) of this titleSubsections (b) and (c) shall not apply to the standard established by paragraph (21) of in the case of any electric utility in a State if, before —
(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 .

Pub. L. 95–617, title I, § 11292 Stat. 3122Pub. L. 102–486, title I, § 111(c)106 Stat. 2795Pub. L. 109–58, title XII119 Stat. 963Pub. L. 110–140, title XIII, § 1307(b)121 Stat. 1793Pub. L. 111–5, div. A, title IV, § 408(b)123 Stat. 146Pub. L. 117–58, div. D, title I, § 40104(a)(2)(A)135 Stat. 931(, , ; , , ; , §§ 1251(b)(1)–(3)(A), 1252(g)–(i)(1), 1254(b)(1)–(3)(A), , , 966, 967, 971; , , ; , , ; –(C)(i), title IV, § 40431(b)(1)–(3)(A), , , 932, 1048.)

Editorial Notes

References in Text

Pub. L. 95–61792 Stat. 3120section 6808 of Title 42This chapter, referred to in subsec. (a)(1)(B), was in the original “this title”, meaning title I (§ 101 et seq.) of , , , which enacted subchapters I to IV of this chapter and , The Public Health and Welfare, and amended sections 6802 to 6807 of Title 42. For complete classification of title I to the Code, see Tables.

Codification

Pub. L. 102–486Pub. L. 102–486“”, referred to in subsec. (b)(1), (2), was in the original “the enactment of the Comprehensive National Energy Policy Act”, and was translated as meaning the enactment of the Energy Policy Act of 1992, , to reflect the probable intent of Congress. The Comprehensive National Energy Policy Act was the original short title of H.R. 776, which was enacted into law on , as .

Amendments

Pub. L. 117–58, § 40104(a)(2)(A)2021—Subsec. (b)(7). , added par. (7).

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

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

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

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

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

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

Pub. L. 111–52009—Subsecs. (b)(6), (d). substituted “(16) through (19)” for “(17) through (18)” wherever appearing.

Pub. L. 110–140, § 1307(b)(1)2007—Subsec. (b)(6). , added par. (6).

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

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

Pub. L. 109–58, § 1251(b)(1)2005—Subsec. (b)(3). , added par. (3).

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

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

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

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

Pub. L. 109–58, § 1254(b)(2)Pub. L. 117–58, § 40104(a)(2)(B)(ii)Subsec. (d). , 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 , shall be deemed to be a reference to .”, was repealed and made void by . See Effective Date of 2021 Amendment note below.

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

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

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

Pub. L. 102–486section 2621(d) of this title1992—Subsec. (b)(1), (2). inserted “(or after , in the case of standards under paragraphs (7), (8), and (9) of )”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–58, div. D, title I, § 40104(a)(2)(B)(ii)135 Stat. 931

Public Law 109–58119 Stat. 97116 U.S.C. 2622(d)“Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (; ) [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 []) is void, and section 112(d) of the Public Utility Regulatory Policies Act of 1978 () shall be in effect as if that amendment had not been enacted.”
, , , provided that:

Effective Date of 2007 Amendment

Pub. L. 110–140section 1601 of Pub. L. 110–140section 1824 of Title 2Amendment by effective on the date that is 1 day after , see , set out as an Effective Date note under , The Congress.

Wage Rate Requirements

Pub. L. 117–58section 18851 of Title 42For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of , including authority of Secretary of Labor, see , The Public Health and Welfare.