FIRST REGULAR SESSION
SENATE BILL NO. 140
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BLACK.
1032S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 393, RSMo, by adding thereto one new section relating to electric reliability.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 393, RSMo, is amended by adding thereto 1
one new section, to be known as section 393.1800, to read as 2
follows:3
393.1800. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Appropriate regional transmission organization or 3
independent system operator", the Midcontinent Independen t 4
System Operator or the Southwest Power Pool, or any 5
successor organization; 6
(2) "Sufficient capacity", owned or contracted for 7
capacity that meets the planning reserve margin or successor 8
metric established by the appropriate regional transmiss ion 9
organization or independent system operator or, in the case 10
of an electrical corporation that is not a participant in a 11
regional transmission organization or independent system 12
operator that meets the planning reserve margin or successor 13
metric established by the commission. 14
2. The commission may require electrical corporations 15
to provide documentation, annually in a format determined by 16
the commission, reflecting an electrical corporation's plan 17
to own or have rights to sufficient capacit y to meet the 18
electrical corporation's capacity obligations for the 19 SB 140 2
upcoming planning year and each of the three subsequent 20
planning years. An electrical corporation shall submit such 21
documentation, which shall document the electrical 22
corporation's capacity position for the upcoming year and 23
three succeeding planning years, consistent with resource 24
adequacy requirements of the appropriate regional 25
transmission organization or independent system operator, or 26
the commission, including by season or o ther applicable time 27
period, within thirty days after the appropriate regional 28
transmission organization or independent system operator, or 29
the commission, if applicable, makes a final determination 30
as to the electrical corporation's resource adequacy 31
requirements for the upcoming planning year. 32
3. The commission may require any additional audits 33
and reporting as the commission considers necessary to 34
determine whether an electrical corporation's plan provides 35
for the electrical corporation's o wnership or contractual 36
rights to sufficient capacity for the planning year 37
beginning four years after the beginning of the current 38
planning year. 39
4. If an electrical corporation fails to have 40
sufficient capacity for the upcoming planning year, a nd it 41
is determined by the commission to be the result of the 42
electrical corporation's imprudence, the commission may 43
disallow, after conducting a hearing, any associated costs 44
related to the failure in a future proceeding. The 45
commission may require submission of a plan by the 46
electrical corporation within six months to resolve any 47
expected capacity deficiency for the subsequent three 48
planning years. 49
5. The commission may promulgate rules necessary to 50
implement the provisions of this sectio n. Any rule or 51 SB 140 3
portion of a rule, as that term is defined in section 52
536.010, that is created under the authority delegated in 53
this section shall become effective only if it complies with 54
and is subject to all of the provisions of chapter 536 and, 55
if applicable, section 536.028. This section and chapter 56
536 are nonseverable and if any of the powers vested with 57
the general assembly pursuant to chapter 536 to review, to 58
delay the effective date, or to disapprove and annul a rule 59
are subsequently held unconstitutional, then the grant of 60
rulemaking authority and any rule proposed or adopted after 61
August 28, 2025, shall be invalid and void. 62