Bill Commons

Compare versions

--- version:Edition 1
+++ version:Filed
@@ -1,22 +1,22 @@
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
-S 1
-SENATE BILL 720
+S D
+SENATE BILL DRS15233-NJ-37A
Short Title: North Carolina Consumer Protection Act. (Public)
Sponsors: Senators Meyer and Murdock (Primary Sponsors).
-Referred to: Rules and Operations of the Senate
-March 26, 2025
-*S720-v-1*
+Referred to:
+
+*DRS15233-NJ-37A*
A BILL TO BE ENTITLED 1
-AN ACT THAT REVISES CERTAIN DEFINITIONS IN PUBLIC UTILITY LA W AND 2
+AN ACT THAT REVISES CERTAIN DEFINITIONS IN PUBLIC UTILIT Y LAW AND 2
ADDS ADDITIONAL REQUIREMENTS TO PROTECT RATEPAYERS FROM PAYING 3
UNJUST OR UNREASONABLE FEES TO PUBLIC UTILITIES. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 62-133.8 reads as rewritten: 6
"§ 62-133.8. Clean Energy and Energy Efficiency Portfolio Standard (CEPS). 7
(a) Definitions. – As used in this section: 8
-(1) Advertising. – Any promotional activity aimed at increasing a public utility's 9
+(1) Advertising. – Any promotional activity aimed at increasing a public utility 's 9
visibility, reputation, or profitability. This includes media campaigns, digital 10
marketing, and other promotional materials that do not address public service 11
issues or conservation efforts directly approved by a State or federal agency. 12
@@ -32,8 +32,8 @@
Renewable energy resources, nuclear energy resources, including an uprate to 22
a nuclear energy facility, and fusion energy. 23
(1b)(1c) "Combined heat and power system" means a Combined heat and power 24
-system. – A system that uses waste heat to produce electric ity or useful, 25
-measurable thermal or mechanical energy at a retail electric customer's 26
+system. – A system that uses waste heat to produce electricity or useful, 25
+measurable thermal or mechanical energy at a retail electric customer 's 26
facility. 27
(1d) Commission. – The North Carolina Utilities Commission created under 28
G.S. 62-10, which regulates public utilities in North Carolina. 29
@@ -43,8 +43,12 @@
demand periods. "Demand-side management" includes, but is not limited to, 33
load management, electric system equipment and operating controls, direct 34
load control, and interruptible load. 35
-General Assembly Of North Carolina Session 2025
-Page 2 Senate Bill 720-First Edition
+FILED SENATE
+Mar 25, 2025
+S.B. 720
+PRINCIPAL CLERK
+General Assembly Of North Carolina Session 2025
+Page 2 DRS15233-NJ-37A
(3) "Electric power supplier" means a Electric power supplier. – A public utility, 1
an electric membership corporation, or a municipality that sells electric power 2
to retail electric power customers in the State. 3
@@ -53,21 +57,21 @@
that is voluntary, under the real -time control of both the electric power 6
supplier and the retail electric customer, and measured in real time, using 7
two-way communications devices that communicate on the basis of standards. 8
-(4) "Energy efficiency measure" means a n Energy efficiency measure. – An 9
+(4) "Energy efficiency measure" means an Energy efficiency measure. – An 9
equipment, physical, or program change implemented after January 1, 2007, 10
that results in less energy used to perform the same function. "Energy 11
efficiency measure" includes, but is not limited to, energy produced from a 12
combined heat and power system that uses non -clean energy resources. 13
"Energy efficiency measure" does not include demand-side management. 14
(4a) "Fusion" means a Fusion. – A reaction in which at least one heavier, more 15
-stable nucleus is produced from two ligh ter, less stable nuclei, typically 16
+stable nucleus is produced from two lighter, less stable nuclei, typically 16
through high temperatures and pressures, emitting energy as a result. 17
(4b) "Fusion energy" means the Fusion energy. – The product of fusion reactions 18
inside a fusion device, used for the purpose of generating electricity or other 19
commercially usable forms of energy. 20
(4c) Lobbying. – Any action undertaken to influence or attempt to influence 21
legislative or executive action, or both, as defined under G.S. 120C-100, as 22
-well as any activity undertaken to influence regulatory m atters, such as 23
+well as any activity undertaken to influence regulatory matters, such as 23
rate-making. 24
(4c)(4d) "New clean energy facility" means:New clean energy facility. – Includes 25
either of the following: 26
@@ -96,7 +100,7 @@
c. An activity for the purpose of directly or indirectly influencing either 49
of the following: 50
General Assembly Of North Carolina Session 2025
-Senate Bill 720-First Edition Page 3
+DRS15233-NJ-37A Page 3
1. The possible adoption of federal, State, or local legislation, 1
regulations, or ordinances. 2
2. The possible repeal or modification of federal, State, or local 3
@@ -114,7 +118,7 @@
the decision maker's policy development. 15
(5c) Public utility. – A utility company providing services related to electricity, 16
gas, water, or telecommunications as defined in G.S. 62-3. 17
-(5d) Rate base. – The value of a public utility's property that is used to determine 18
+(5d) Rate base. – The value of a public utility's property that is used to determine 18
its rate of return and the revenues required to cover operating costs and 19
provide a reasonable return as defined under G.S. 62-133. 20
(5e) Regulatory matters. – Any issues, processes, or activities directly related to 21
@@ -125,12 +129,12 @@
establishment or amendment of regulations, enforcement actions, rulemaking 26
processes, and participation in administrative or legal proceedings concerning 27
the regulation of public utilities. 28
-(6) "Renewable energy certificate" means a Renewable energy certificate. – A 29
+(6) "Renewable energy certificate" means a Renewable energy certificate. – A 29
tradable instrument that is equal to one megawatt hour of electricity or 30
equivalent energy supplied by a clean energy facility, new clean energy 31
facility, or reduced by implementation of an energy efficiency measure that is 32
used to track and verify compliance with the requirements of this section as 33
-determined by the Commission. A "renewable energy certificate" does not 34
+determined by the Commission. A "renewable energy certificate " does not 34
include the related emission reductions, including, but not limited to, 35
reductions of sulfur dioxide, oxides of nitrogen, mercury, or carbon dioxide. 36
(7) "Renewable energy facility" means a Renewable energy facility. – A facility, 37
@@ -144,13 +148,13 @@
electric, solar thermal, wind, hydropower, geothermal, or ocean current or 45
wave energy resource; a biomass resource, including agricultural waste, 46
animal waste, wood waste, spent pulping liquors, combustible residues, 47
-combustible liquids, combustible gases, energy crops, or landfill methane; 48
+combustible liquids, combustible gases, energy crops, or landfill methane; 48
waste heat derived from a renewable energy resource and used to produce 49
-electricity or useful, measurable thermal energy at a retail electric customer's 50
-facility; or hydrogen derived from a renewable energy resour ce. "Renewable 51
-General Assembly Of North Carolina Session 2025
-Page 4 Senate Bill 720-First Edition
-energy resource" does not include peat, a fossil fuel, or nuclear energy 1
+electricity or useful, measurable thermal energy at a retail electric customer 's 50
+facility; or hydrogen derived from a renewable energy resource. "Renewable 51
+General Assembly Of North Carolina Session 2025
+Page 4 DRS15233-NJ-37A
+energy resource " does not include peat, a fossil fuel, or nuclear energy 1
resource. 2
(9) Test-year method. – A method of determining the appropriate rate adjustments 3
for public utilities based on the actual and projected costs, as outlined in 4
@@ -201,14 +205,14 @@
board of directors or officers, or those of a parent company or affiliate. 49
l. Expenses related to services not regulated by the Commission. 50
General Assembly Of North Carolina Session 2025
-Senate Bill 720-First Edition Page 5
+DRS15233-NJ-37A Page 5
m. Any other lobbying or political activity that is conducted in support of 1
a candidate committee, a political committee, or an inaugural 2
committee, or in support of or opposition to a candidate for public 3
office, regardless of whether such actions are undertaken directly or 4
indirectly on behalf of a public utility. 5
(3) Fair classifications. – Rates must equitably classify customer groups and 6
-ensure fairness across all ca tegories, including residential, commercial, and 7
+ensure fairness across all categories, including residential, commercial, and 7
industrial customers. 8
(b) Every public utility shall furnish adequate, efficient and reasonable service. 9
(c) In determining costs of service, the Commission may apply a test -year method of 10
@@ -235,7 +239,7 @@
shall include a list of employees who work in that group. For each employee, 31
the public utility shall include the employee 's job title, a job description 32
sufficient to describe the employee 's responsibilities, each activity described 33
-in G.S. 62-131(a)(2) in which the employee engages, and a description 34
+in G.S. 62-131(a)(2) in which the employee engages, and a description 34
sufficient to describe the nature of any such activity, the total annual 35
compensation for the employee, the hours allocated to the activity, the 36
percentage of annual compensation paid for work associated with the 37
@@ -243,7 +247,7 @@
compensation recoverable from ratepayers. 39
(5) Any additional information that the Commission deems relevant. 40
(c) The Commission shall review the reports submitted under this section, ensuring they 41
-comply with the requirements outlined in this act. The Commission may request additional 42
+comply with the requirements outlined in this act. The Commission may request additional 42
clarification or documentation to ensure compliance. If any violations are identified, the 43
Commission shall act promptly to enforce penalties as outlined in subsection (e) of this section. 44
(d) Public Disclosure. – A public utility shall do all of the following: 45
@@ -253,20 +257,20 @@
conspicuous if the disclosure is difficult to hear or read, or if the placement of 49
the disclosure is easily overlooked. 50
General Assembly Of North Carolina Session 2025
-Page 6 Senate Bill 720-First Edition
+Page 6 DRS15233-NJ-37A
(2) Publish on its publicly accessible website all materials filed with the 1
Commission in accordance with subsection (b) of this section . The 2
Commission shall make available the annual reports filed by public utilities in 3
accordance with this section on its publicly accessible website with notice of 4
the availability of the reports prominently displayed on the website. 5
-(e) The Commission shall impose penalties on public utilities that recover prohibite d 6
+(e) The Commission shall impose penalties on public utilities that recover prohibited 6
costs through rates, equal to the amount improperly recovered and refund them to the ratepayers. 7
The Commission shall also satisfy all of the following: 8
(1) In addition to any refunds that the Commission orders a public utility to pay 9
ratepayers, the Commission shall assess a civil penalty in accordance with this 10
section against a public utility that violates G.S. 62-131(a)(2) or fails or 11
neglects to comply with any part or provision of any order, decision, decree, 12
-rule, directi on, demand, or requirement of the Commission related to 13
+rule, direction, demand, or requirement of the Commission related to 13
implementing G.S. 62-131(a)(2). 14
a. This civil penalty will not be less than fifty thousand dollars ($50,000) 15
and not more than one hundred fifty thousand dollars ($150,000) for 16
@@ -283,15 +287,15 @@
State Treasury. 27
(3) One-fourth of the monies collected pursuant to any settlement or penalties 28
collected for violations of G.S. 62-131(a)(2) shall, upon appropriation by the 29
-General Assembly, be used by the Commission for purposes of increasing 30
+General Assembly , be used by the Commission for purposes of increasing 30
resources for the enforcement of this section. 31
(4) Upon appropriation by the General Assembly, monies in the "Energy Equity 32
Fund" may be allocated for purposes of disaster recovery and relief, as well 33
-as assisti ng low -income households in transitioning to zero -emission 34
+as assisting low -income households in transitioning to zero -emission 34
appliances to mitigate air quality and public health impacts of using 35
combustion appliances. 36
"§ 62-131B. Guidelines for special rates and alternative regulatory plans. 37
-(a) The Commission may adopt alternative regulatory mechanisms, including 38
+(a) The Commission may adopt alternative regulatory mechanisms, including 38
performance-based rates or special customer rates, provided that such measures accomplish all 39
of the following: 40
(1) Protect the public interest. 41
@@ -302,12 +306,12 @@
State energy goals, including renewable energy deployment. 46
(c) By November 1, 2025, the Commission shall initiate rulemaking to amend its rules 47
under G.S. 62-30 to implement the requirements of this act. The Commission's rules shall not 48
-require public utilities to file more t han one annual report related to advertising and political 49
+require public utilities to file more than one annual report related to advertising and political 49
activities, except as required under G.S. 62-133.6." 50
General Assembly Of North Carolina Session 2025
-Senate Bill 720-First Edition Page 7
+DRS15233-NJ-37A Page 7
SECTION 4. If any provision of this act or its application is held invalid, the 1
invalidity does not affect other provisions or applications of this act that can be given effect 2
-without the invalid provisions or application and, to this end, the provisions of this act are 3
+without the invalid provisions or application and , to this end , the provisions of this act are 3
severable. 4
SECTION 5. This act is effective when it becomes law. 5

Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.