Section 1 Short title
This Act may be cited as the “Stop Misappropriating Ratepayer Tariffs for Excessive Resources Act” or the “SMARTER Act”.
Stop Misappropriating Ratepayer Tariffs for Excessive Resources Act
A BILL
To amend the Public Utility Regulatory Policies Act of 1978 to require States to consider prohibiting cost recovery related to smart grid projects, and for other purposes.
Sec. 2 Smart grid cost recovery
Consideration and determination respecting certain ratemaking standards—
Repeal— Section 111(d)(18)(B) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(18)(B)) is repealed.
Establishment— Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:
“(22) Prohibition on rate recovery for smart grid investments—No electric utility may recover from ratepayers any capital, operating expenditure, or other costs of the electric utility relating to the deployment of any smart grid system.”
Obligations To consider and determine—
Time limitations— Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following:
“(8)
“(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).
“(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).”
Failure to comply— Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: “In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22).”.
Prior State actions— Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following:
“(i) Prior State actions—Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—
“(1) the State has implemented for the electric utility the standard (or a comparable standard);
“(2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or
“(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on that date of enactment.”
Prior and pending proceedings— Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: “In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22).”.