[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1205 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1205

   To require a study of the effects on disadvantaged individuals of 
 actions by utilities intended to reduce carbon dioxide emissions, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2005

  Mr. Inhofe introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To require a study of the effects on disadvantaged individuals of 
 actions by utilities intended to reduce carbon dioxide emissions, 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 ``Ratepayers Protection Act of 2005''.

SEC. 2. STUDY.

    (a) Definitions.--In this section:
            (1) Disadvantaged individual.--The term ``disadvantaged 
        individual'' means--
                    (A) an individual with a disability, as defined in 
                section 3 of the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12102);
                    (B) a member of a family whose income does not 
                exceed the poverty line, as defined in section 673 of 
                the Community Services Block Grant Act (42 U.S.C. 
                9902);
                    (C) an individual who belongs to a minority group;
                    (D) a senior citizen; and
                    (E) other disadvantaged individuals.
            (2) Utility.--The term ``utility'' means any organization 
        that--
                    (A) provides retail customers with electricity 
                services; and
                    (B) is regulated, either by price or terms of 
                service, by 1 or more State utility or public service 
                commissions.
    (b) Study.--Not later than 30 days after the date of enactment of 
this Act, the Congressional Budget Office, in consultation with other 
appropriate organizations, shall initiate a study to determine the 
effect on disadvantaged individuals of actions taken or considered, or 
likely to be taken or considered, by utilities to reduce the carbon 
dioxide emissions of the utilities.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Congressional Budget Office shall 
        submit to Congress a report that specifically describes the 
        results of the study, including the economic costs to 
        disadvantaged individuals of actions by utilities intended to 
        reduce carbon dioxide emissions.
            (2) Review period.--Congress shall have 180 days after the 
        date of receipt by Congress of the report described in 
        paragraph (1) to review the report.
            (3) Effective date.--If the Congressional Budget Office 
        determines that there would be an additional economic burden on 
        any of the classes of disadvantaged individuals if the costs of 
        actions by utilities intended to reduce carbon dioxide 
        emissions were recovered from ratepayers, the amendment made by 
        section 3 shall take effect on the day after the end of the 
        review period described in paragraph (2).

SEC. 3. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE EMISSIONS.

    The National Climate Program Act (15 U.S.C. 2901 et seq.) is 
amended by adding at the end the following:

``SEC. 9. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE EMISSIONS.

    ``(a) Definition of Utility.--In this section, the term `utility' 
means any organization that--
            ``(1) provides retail customers with electricity services; 
        and
            ``(2) is regulated, either by price or terms of service, by 
        1 or more State utility or public service commissions.
    ``(b) Ratepayer Protections.--
            ``(1) In general.--No utility may recover from ratepayers 
        any costs, expenses, fees, or other outlays incurred for the 
        stated purpose by the utility to reduce carbon dioxide 
        emissions.
            ``(2) Prohibition on certain commission actions.--No State 
        utility commission, public service commission, or similar 
        entity may compel ratepayers to pay the costs, expenses, fees, 
        or other outlays incurred for the stated purpose by a utility 
        to reduce carbon dioxide emissions.
    ``(c) Shareholder Obligations Unaffected.--Nothing in this section 
prevents the shareholders of, or other parties associated with (other 
than ratepayers), a utility from paying for any action by the utility 
to reduce carbon dioxide emissions.''.
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