[Congressional Record Volume 151, Number 75 (Wednesday, June 8, 2005)]
[Senate]
[Page S6238]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE:
  S. 1205. 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; to the Committee on Energy and 
Natural Resources.
  Mr. INHOFE. Mr. President, today I am introducing the Ratepayers 
Protection Act of 2005. This bill will ensure that the poor and elderly 
and other groups who are disproportionately harmed by rising energy 
prices are not forced to pick up the tab for utilities that incur costs 
to control carbon dioxide.
  The science underlying the climate change theory does not justify the 
enormous expenditures mandatory climate bills would impose. Moreover, 
implementing these climate bills would have virtually no effect on 
reducing temperatures even if climate alarmists are correct. Yet those 
in our society least able to bear the costs of these mandatory schemes 
will be hit the hardest. With my bill, disadvantaged individuals will 
not be saddled with these costs.
  I understand that this bill will be referred to the Energy Committee. 
I do not plan to move this bill as stand-alone bill, however, but 
instead to offer it as an amendment to any mandatory climate bill that 
sets caps on greenhouse gases.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1205

       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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