[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4232 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 4232
To amend the Public Utility Regulatory Policies Act of 1978 to provide
for the consideration by State regulatory authorities and nonregulated
electric utilities of whether subsidies should be provided for the
deployment, construction, maintenance, or operation of a customer-side
technology.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 10, 2015
Mr. Pompeo 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 provide
for the consideration by State regulatory authorities and nonregulated
electric utilities of whether subsidies should be provided for the
deployment, construction, maintenance, or operation of a customer-side
technology.
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 ``Ratepayer Fairness Act of 2015''.
SEC. 2. CROSS-SUBSIDIZATION OF CUSTOMER-SIDE TECHNOLOGY.
(a) Consideration of Impact From Cross-Subsidization of Customer-
Side Technology.--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:
``(20) Consideration of impact from cross-subsidization of
customer-side technology.--
``(A) Definition of customer-side technology.--In
this paragraph, the term `customer-side technology'
means a device connected to the electricity
distribution system--
``(i) at, or on the customer side of, the
meter; or
``(ii) that, if owned or operated by, or on
behalf of, an electric utility, would otherwise
be at, or on the customer side of, the meter.
``(B) Consideration.--Each State regulatory
authority (with respect to each electric utility for
which it has ratemaking authority) and each
nonregulated electric utility shall consider, to the
extent a State regulatory authority or nonregulated
electric utility allows rates charged by any electric
utility to include any cost, fee, or charge that
directly or indirectly subsidizes the deployment,
construction, maintenance, or operation of customer-
side technology, whether subsidizing the deployment,
construction, maintenance, or operation of a customer-
side technology would--
``(i) result in benefits predominately
enjoyed by only the users of the customer-side
technology;
``(ii) shift costs of a customer-side
technology to electricity consumers that do not
use the customer-side technology, particularly
in cases in which disparate economic or
resource conditions exist among the electricity
consumers cross-subsidizing the customer-side
technology;
``(iii) negatively affect resource
utilization, fuel diversity, grid reliability,
or grid security;
``(iv) provide any unfair competitive
advantage to market the customer-side
technology, including an analysis of whether
the State regulatory authority or other State
authority has uncovered any fraudulent
customer-side technology marketing practices
within the State; and
``(v) be necessary to fulfill an obligation
to serve electric consumers.
``(C) Public notice.--At least 90 days before the
date on which a State regulatory authority or
nonregulated electric utility holds a proceeding that
would consider the cross-subsidization of a customer-
side technology, the State regulatory authority or
nonregulated electric utility shall make available to
the public the results of the evaluation conducted
under subparagraph (B).''.
(b) Compliance.--
(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:
``(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 it has ratemaking
authority), and each nonregulated electric utility shall, with
respect to the standard established by paragraph (20) of
section 111(d)--
``(i) commence the consideration referred to in
section 111; or
``(ii) set a hearing date for the consideration.
``(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 it has ratemaking
authority), and each nonregulated electric utility, shall--
``(i) complete the consideration required under
subparagraph (A); and
``(ii) make the determination referred to in
section 111 with respect to the standard established by
paragraph (20) 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 (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.''.
<all>