Fair Allocation of Interstate Rates Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6336 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6336

To prohibit the allocation of costs for a certain transmission facility 
to consumers of a State the public officials of which did not expressly 
     consent to such transmission facility, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2025

   Ms. Fedorchak (for herself and Mr. Weber of Texas) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit the allocation of costs for a certain transmission facility 
to consumers of a State the public officials of which did not expressly 
     consent to such transmission facility, and for other purposes.

    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 ``Fair Allocation of Interstate Rates 
Act''.

SEC. 2. RATE AND CHARGES.

    Section 205 of the Federal Power Act (16 U.S.C. 824d) is amended by 
adding at the end the following:
    ``(h) Prohibition.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        transmission provider providing electric service to consumers 
        in two or more States may allocate costs for a covered 
        transmission facility to any consumer of such transmission 
        provider if--
                    ``(A) the basis for construction or implementation 
                of such covered transmission facility is, in whole or 
                in part, to implement a covered policy of a State; and
                    ``(B) such consumer is not a resident of the State 
                the covered policy of which is the basis for 
                constructing or implementing such covered transmission 
                facility.
            ``(2) Exception.--A transmission provider providing 
        electric service to consumers in two or more States may 
        allocate costs for a covered transmission facility to a 
        consumer described in paragraph (1)(B) if the State of such 
        consumer, or a designated public official of such State, 
        expressly consents to such allocation of costs.
            ``(3) Presumptions.--It shall be presumed that--
                    ``(A) the benefits of a covered transmission 
                facility accrue solely to the cost causers of such 
                covered transmission facility;
                    ``(B) only a consumer that resides in a State that 
                implemented a covered policy that is, in whole or in 
                part, the basis for constructing or implementing such 
                covered transmission facility is a cost causer for 
                purposes of subparagraph (A); and
                    ``(C) a consumer that does not reside in the State 
                described in subparagraph (B) is not a cost causer for 
                purposes of subparagraph (A).
            ``(4) Implementation.--Not later than six months after the 
        date of enactment of this subsection, the Commission shall 
        issue such rules and regulations as may be necessary to 
        implement this subsection.
            ``(5) Definitions.--In this subsection:
                    ``(A) Covered policy.--The term `covered policy' 
                means a policy of a State, including policies of the 
                local political entities of such State.
                    ``(B) Covered transmission facility.--The term 
                `covered transmission facility' means any facility, 
                line, equipment, or system used for the transmission of 
                electric energy in interstate commerce that is planned, 
                constructed, or operated in whole or in part to 
                implement a covered policy.''.
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