,i  #aadth ,,congress  #ast ,session    
,h4 ,r4 #dbcb  ,,in ,,the ,,house ,,of  
,,representatives  ,december #aj1 #bjae 
,mr4 ,pompeo introduced the following   
bill2 which was referred to the         
,committee on ,energy and ,commerce  ,a 
,,bill  ,to amend the ,public ,utility  
,regulatory ,policies ,act of #aigh to  
provide for the consideration by ,state 
regulatory authorities and nonregulated 
electric utilities of whether subsidies 
should be provided for the deployment1  
construction1 maintenance1 or operation 
of a customer-side technology4  #a4     
,short title ,this ,act may be cited as 
the ,ratepayer ,fairness ,act of #bjae4 
#b4 ,cross-,subsidization of            
,customer-,side ,technology  7a7        
,consideration of impact from           
cross-,subsidization of customer-,side  
technology ,section #aaa7;d7 of the     
,public ,utility ,regulatory ,policies  
,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 
is amended by adding at the end the     
following3  7#bj7 ,consideration of     

impact from cross-subsidization of      
customer-side technology  7,a7          
,definition of customer-side technology 
,in this paragraph1 the term            
customer-side technology means a device 
connected to the electricity            
distribution system-- 7i7 at1 or on the 
customer side of1 the meter2 or  7ii7   
that1 if owned or operated by1 or on    
behalf of1 an electric utility1 would   
otherwise be at1 or on the customer side
 of1 the meter4  7,b7 ,consideration    
,each ,state regulatory authority 7with 
respect to each electric utility for    
which it has ratemaking authority7 and  
each nonregulated electric utility shall
 consider1 to the extent a ,state       
regulatory authority or nonregulated    
electric utility allows rates charged by
 any electric utility to include any    
cost1 fee1 or charge that directly or   
indirectly subsidizes the deployment1   
construction1 maintenance1 or operation 
of customer-side technology1 whether    
subsidizing the deployment1             

construction1 maintenance1 or operation 
of a customer-side technology would--   
7i7 result in benefits predominately    
enjoyed by only the users of the        
customer-side technology2  7ii7 shift   
costs of a customer-side technology to  
electricity consumers that do not use   
the customer-side technology1           
particularly in cases in which disparate
 economic or resource conditions exist  
among the electricity consumers         
cross-subsidizing the customer-side     
technology2  7iii7 negatively affect    
resource utilization1 fuel diversity1   
grid reliability1 or grid security2     
7iv7 provide any unfair competitive     
advantage to market the customer-side   
technology1 including an analysis of    
whether the ,state regulatory authority 
or other ,state authority has uncovered 
any fraudulent customer-side technology 
marketing practices within the ,state2  
and  7v7 be necessary to fulfill an     
obligation to serve electric consumers4 
7,c7 ,public notice ,at least #ij days  

before the date on which a ,state       
regulatory authority or nonregulated    
electric utility holds a proceeding that
 would consider the cross-subsidization 
of a customer-side technology1 the      
,state regulatory authority or          
nonregulated electric utility shall make
 available to the public the results of 
the evaluation conducted under          
subparagraph 7,b74  4  7b7 ,compliance  
7#a7 ,time limitations ,section #aab7;b7
 of the ,public ,utility ,regulatory    
,policies ,act of #aigh 7#af ,u4,s4,c4  
#bfbb7;b77 is amended by adding at the  
end the following3  7#g7  7,a7 ,not     
later than #a year after the date of    
enactment of this paragraph1 each ,state
 regulatory authority 7with respect to  
each electric utility for which it has  
ratemaking authority71 and each         
nonregulated electric utility shall1    
with respect to the standard established
 by paragraph 7#bj7 of section          
#aaa7;d7--  7i7 commence the            
consideration referred to in section    

#aaa2 or  7ii7 set a hearing date for   
the consideration4  7,b7 ,not later than
 #b years after the date of enactment of
 this paragraph1 each ,state regulatory 
authority 7with respect to each electric
 utility for which it has ratemaking    
authority71 and each nonregulated       
electric utility1 shall--  7i7 complete 
the consideration required under        
subparagraph 7,a72 and  7ii7 make the   
determination referred to in section    
#aaa with respect to the standard       
established by paragraph 7#bj7 of       
section #aaa7;d74  4  7#b7 ,failure to  
comply ,section #aab7;c7 of the ,public 
,utility ,regulatory ,policies ,act of  
#aigh 7#af ,u4,s4,c4 #bfbb7;c77 is      
amended by adding at the end the        
following3 ,in the case of the standard 
established by paragraph 7#bj7 of       
section #aaa7;d71 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 paragraph44