Summary#
This bill would require States to bar certain former state utility regulators from lobbying or advocating before their old state regulatory agency on behalf of electric utilities in specified matters. If a State does not have the required restrictions, the Secretary of Energy would withhold 10 percent of that State's annual State energy program financial assistance until the State adopts compliant rules. The bill sets timing rules, enforcement steps, and duties for the Secretary.
What it means for you#
- If you are a former officer or employee of a State regulatory authority: you could be prohibited from appearing or advocating before that state agency on behalf of an electric utility in a particular matter in which you personally and substantially participated while employed there. The bill also bars, for 2 years after leaving, appearances in matters you knew or should have known were pending under your official responsibility during the year before you left.
- If you are a State: you must adopt a legally binding mechanism (law, administrative rule, or binding order) that meets the bill's restrictions to avoid having 10 percent of State energy program funding withheld. You get a 90-day chance to fix noncompliance before funds are withheld.
- If you are an electric utility or an affected party: the bill requires States to investigate complaints, impose penalties for violations, and allow affected parties to seek recovery of damages from violations.
- The Secretary of Energy must review State laws within 1 year of enactment and annually after, keep a public database of compliance, provide technical help, issue guidance, allow appeals of determinations, report to Congress, and write regulations within 9 months.
Expenses#
The bill describes a financial penalty mechanism: the Secretary would withhold 10 percent of a State's State energy program financial assistance for a fiscal year if the State is not in compliance, and would restore withheld funds the following year if the State becomes compliant. The bill also requires the Secretary to carry out annual reviews, maintain a public database, provide technical assistance, issue guidance, establish an appeals process, and promulgate regulations. No publicly available information on estimated costs or savings is included in the bill text.
Proponents' View#
No publicly available information.
Opponents' View#
No publicly available information.