II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ratepayers Protection 

5 Act of 2005’’. 

6 SEC. 2. STUDY. 

7 (a) DEFINITIONS.—In this section: 

8 (1) DISADVANTAGED INDIVIDUAL.—The term 

9 ‘‘disadvantaged individual’’ means— 
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•S 1205 IS

1 (A) an individual with a disability, as de2 fined in section 3 of the Americans with Dis3 abilities Act of 1990 (42 U.S.C. 12102); 

4 (B) a member of a family whose income 

5 does not exceed the poverty line, as defined in 

6 section 673 of the Community Services Block 

7 Grant Act (42 U.S.C. 9902); 

8 (C) an individual who belongs to a minor9 ity group; 

10 (D) a senior citizen; and 

11 (E) other disadvantaged individuals. 

12 (2) UTILITY.—The term ‘‘utility’’ means any 

13 organization that— 

14 (A) provides retail customers with elec15 tricity services; and 

16 (B) is regulated, either by price or terms 

17 of service, by 1 or more State utility or public 

18 service commissions. 

19 (b) STUDY.—Not later than 30 days after the date 

20 of enactment of this Act, the Congressional Budget Office, 

21 in consultation with other appropriate organizations, shall 

22 initiate a study to determine the effect on disadvantaged 

23 individuals of actions taken or considered, or likely to be 

24 taken or considered, by utilities to reduce the carbon diox25 ide emissions of the utilities. 
3

•S 1205 IS

1 (c) REPORT.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of this Act, the Congressional 

4 Budget Office shall submit to Congress a report that 

5 specifically describes the results of the study, includ6 ing the economic costs to disadvantaged individuals 

7 of actions by utilities intended to reduce carbon di8 oxide emissions. 

9 (2) REVIEW PERIOD.—Congress shall have 180 

10 days after the date of receipt by Congress of the re11 port described in paragraph (1) to review the report. 

12 (3) EFFECTIVE DATE.—If the Congressional 

13 Budget Office determines that there would be an ad14 ditional economic burden on any of the classes of 

15 disadvantaged individuals if the costs of actions by 

16 utilities intended to reduce carbon dioxide emissions 

17 were recovered from ratepayers, the amendment 

18 made by section 3 shall take effect on the day after 

19 the end of the review period described in paragraph 

20 (2). 

21 SEC. 3. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE 

22 EMISSIONS. 

23 The National Climate Program Act (15 U.S.C. 2901 

24 et seq.) is amended by adding at the end the following: 
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•S 1205 IS

1 ‘‘SEC. 9. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE 

2 EMISSIONS. 

3 ‘‘(a) DEFINITION OF UTILITY.—In this section, the 

4 term ‘utility’ means any organization that— 

5 ‘‘(1) provides retail customers with electricity 

6 services; and 

7 ‘‘(2) is regulated, either by price or terms of 

8 service, by 1 or more State utility or public service 

9 commissions. 

10 ‘‘(b) RATEPAYER PROTECTIONS.— 

11 ‘‘(1) IN GENERAL.—No utility may recover 

12 from ratepayers any costs, expenses, fees, or other 

13 outlays incurred for the stated purpose by the utility 

14 to reduce carbon dioxide emissions. 

15 ‘‘(2) PROHIBITION ON CERTAIN COMMISSION

16 ACTIONS.—No State utility commission, public serv17 ice commission, or similar entity may compel rate18 payers to pay the costs, expenses, fees, or other out19 lays incurred for the stated purpose by a utility to 

20 reduce carbon dioxide emissions. 

21 ‘‘(c) SHAREHOLDER OBLIGATIONS UNAFFECTED.—

22 Nothing in this section prevents the shareholders of, or 

23 other parties associated with (other than ratepayers), a 

24 utility from paying for any action by the utility to reduce 

25 carbon dioxide emissions.’’.

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