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--- version:Edition 1+++ version:Filed@@ -1,22 +1,22 @@GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2025-S 1-SENATE BILL 720+S D+SENATE BILL DRS15233-NJ-37AShort 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 2ADDS ADDITIONAL REQUIREMENTS TO PROTECT RATEPAYERS FROM PAYING 3UNJUST OR UNREASONABLE FEES TO PUBLIC UTILITIES. 4The General Assembly of North Carolina enacts: 5SECTION 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 9visibility, reputation, or profitability. This includes media campaigns, digital 10marketing, and other promotional materials that do not address public service 11issues 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 22a 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 26facility. 27(1d) Commission. – The North Carolina Utilities Commission created under 28G.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, 33load management, electric system equipment and operating controls, direct 34load 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, 1an electric membership corporation, or a municipality that sells electric power 2to 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 6supplier and the retail electric customer, and measured in real time, using 7two-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 9equipment, physical, or program change implemented after January 1, 2007, 10that results in less energy used to perform the same function. "Energy 11efficiency measure" includes, but is not limited to, energy produced from a 12combined 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 16through high temperatures and pressures, emitting energy as a result. 17(4b) "Fusion energy" means the Fusion energy. – The product of fusion reactions 18inside a fusion device, used for the purpose of generating electricity or other 19commercially usable forms of energy. 20(4c) Lobbying. – Any action undertaken to influence or attempt to influence 21legislative 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 23rate-making. 24(4c)(4d) "New clean energy facility" means:New clean energy facility. – Includes 25either of the following: 26@@ -96,7 +100,7 @@c. An activity for the purpose of directly or indirectly influencing either 49of the following: 50General Assembly Of North Carolina Session 2025-Senate Bill 720-First Edition Page 3+DRS15233-NJ-37A Page 31. The possible adoption of federal, State, or local legislation, 1regulations, or ordinances. 22. 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, 16gas, 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 18its rate of return and the revenues required to cover operating costs and 19provide 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 26processes, and participation in administrative or legal proceedings concerning 27the 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 29tradable instrument that is equal to one megawatt hour of electricity or 30equivalent energy supplied by a clean energy facility, new clean energy 31facility, or reduced by implementation of an energy efficiency measure that is 32used 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 34include the related emission reductions, including, but not limited to, 35reductions 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 45wave energy resource; a biomass resource, including agricultural waste, 46animal 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; 48waste 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 1resource. 2(9) Test-year method. – A method of determining the appropriate rate adjustments 3for 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. 49l. Expenses related to services not regulated by the Commission. 50General Assembly Of North Carolina Session 2025-Senate Bill 720-First Edition Page 5+DRS15233-NJ-37A Page 5m. Any other lobbying or political activity that is conducted in support of 1a candidate committee, a political committee, or an inaugural 2committee, or in support of or opposition to a candidate for public 3office, regardless of whether such actions are undertaken directly or 4indirectly 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 7industrial 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, 31the public utility shall include the employee 's job title, a job description 32sufficient 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 34sufficient to describe the nature of any such activity, the total annual 35compensation for the employee, the hours allocated to the activity, the 36percentage 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 42clarification or documentation to ensure compliance. If any violations are identified, the 43Commission 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 49the disclosure is easily overlooked. 50General 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 1Commission in accordance with subsection (b) of this section . The 2Commission shall make available the annual reports filed by public utilities in 3accordance with this section on its publicly accessible website with notice of 4the 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 6costs through rates, equal to the amount improperly recovered and refund them to the ratepayers. 7The Commission shall also satisfy all of the following: 8(1) In addition to any refunds that the Commission orders a public utility to pay 9ratepayers, the Commission shall assess a civil penalty in accordance with this 10section against a public utility that violates G.S. 62-131(a)(2) or fails or 11neglects 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 13implementing G.S. 62-131(a)(2). 14a. This civil penalty will not be less than fifty thousand dollars ($50,000) 15and 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 28collected 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 30resources for the enforcement of this section. 31(4) Upon appropriation by the General Assembly, monies in the "Energy Equity 32Fund" 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 34appliances to mitigate air quality and public health impacts of using 35combustion 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 38performance-based rates or special customer rates, provided that such measures accomplish all 39of 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 47under 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 49activities, except as required under G.S. 62-133.6." 50General Assembly Of North Carolina Session 2025-Senate Bill 720-First Edition Page 7+DRS15233-NJ-37A Page 7SECTION 4. If any provision of this act or its application is held invalid, the 1invalidity 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 3severable. 4SECTION 5. This act is effective when it becomes law. 5
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