Obligations to consider and determine

Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended— (1) in subsection (b), 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 paragraphs (22) and (23) of section 111(d).; (2) in subsection (c)— (A) by striking subsection (b)(2) and inserting subsection (b); and (B) by inserting In the case of the standard established by paragraphs (22) and (23) 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) and (23). after paragraph (21).; and (3) by adding at the end the following: (i) Other prior state actions Subsections (b) and (c) shall not apply to the standard established by paragraphs (22) and (23) 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..