II 109th CONGRESS 1st Session S. 1205 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.

1.

Short title

This Act may be cited as the Ratepayers Protection Act of 2005.

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).

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:

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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