S. 3287

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3287 Introduced in Senate (IS)]

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119th CONGRESS
1st Session
S. 3287

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

December 1, 2025

Mr. Cramer (for himself and Mr. Hoeven) introduced the following bill; 
which was read twice and referred to the Committee on Energy and 
Natural Resources

_______________________________________________________________________

A BILL

To prohibit the allocation of costs for certain electric transmission 
facilities to consumers in a State the public officials of which did 
not expressly consent to the 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. RATES 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 on Allocation of Certain Costs.--
``(1) Definitions.--In this subsection:
``(A) Covered policy.--The term `covered policy' 
means a policy of a State, including any policy of a 
local political entity of a 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.
``(2) Prohibition.--Except as provided in paragraph (3), a 
transmission provider providing electric service to consumers 
in 2 or more States may not allocate costs for a covered 
transmission facility to a consumer served by that transmission 
provider if--
``(A) the basis for construction or implementation 
of the covered transmission facility is, in whole or in 
part, to implement a covered policy of a State; and
``(B) the consumer is not a resident of the State 
the covered policy of which is the basis for 
constructing or implementing the covered transmission 
facility.
``(3) Exception.--A transmission provider providing 
electric service to consumers in 2 or more States may allocate 
costs for a covered transmission facility to a consumer 
described in paragraph (2)(B) if the State in which that 
consumer is a resident, or a designated public official of that 
State, expressly consents to such allocation of costs.
``(4) Presumptions.--It shall be presumed that--
``(A) the benefits of a covered transmission 
facility accrue solely to the cost causers of that 
covered transmission facility;
``(B) any consumer who is a resident of a State 
that implements a covered policy that is, in whole or 
in part, the basis for constructing or implementing a 
covered transmission facility is a cost causer for 
purposes of subparagraph (A); and
``(C) any consumer that does not reside in the 
State described in subparagraph (B) is not a cost 
causer for purposes of subparagraph (A).
``(5) Implementation.--Not later than 180 days after the 
date of enactment of this subsection, the Commission shall 
issue such rules and regulations as are necessary to implement 
this subsection.''.
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