,i #aaith ,,congress #ast ,session ,h4 ,r4 #dfjc ,,in ,,the ,,house ,,of ,,representatives ,july #bb1 #bjbe,mr4 ,mc,guire 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 prohibit ,state regulatory authorities from approving rates charged by electric utilities that engage in certain diversity1 equity1 or inclusion practices1 or that consider environmental1 social1 or governance factors1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair1 ,affordable and ,inclusive ,rates ,act or the ,,fair ,act4 #b4 ,prohibition on approval of certain rates under ,,purpa ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7 is amended by adding at the end the following3 7#bb7 ,diversity1 ,equity1 or ,inclusion 7,,dei7 practice ,no ,state regulatory authority shall approve the rate of a ,state regulated electric utility if such ,state regulated electric utility engages in1 or retains or employs a consultant or an advisor to promote or enforce1 a diversity1 equity1 or inclusion practice1 such as a practice-- 7,a7 discriminating for or against any person on the basis of race1 color1 ethnicity1 religion1 biological sex1 or national origin2 or 7,b7 requiring1 as a condition of employment1 promotion1 advancement1 or the ability to speak1 make presentations1 or submit written materials1 that an employee-- 7i7 undergo training1 education1 coursework1 or other pedagogy asserting that any particular race1 color1 ethnicity1 religion1 biological sex1 or national origin is inherently or systemically superior or inferior1 oppressive or oppressed1 or privileged or unprivileged2 or 7ii7 sign or assent to any statement1 code of conduct1 work program1 plan1 or similar device that asserts that any particular race1 color1 ethnicity1 religion1 biological sex1 or national origin is inherently or systemically superior or inferior1 oppressive or oppressed1 or privileged or unprivileged4 7#bc7 ,environmental1 social1 or governance 7,,esg7 factors 7,a7 ,in general ,subject to subparagraph 7,b71 no ,state regulatory authority shall approve the rate of a ,state regulated electric utility if such ,state regulated electric utility considers environmental1 social1 or governance factors in establishing rates or making operational decisions that affect rates4 7,b7 ,compliance ,nothing in this paragraph shall be construed to prohibit a ,state regulated electric utility from complying with-- 7i7 a ,federal law or regulation requiring specific ,,esg factors if complying with such ,federal law or regulation-- 7,i7 is limited to fulfilling the direct legal obligation of such ,federal law or regulation2 and 7,,ii7 does not involve discretionary consideration of ,,esg factors beyond such direct legal obligation2 or 7ii7 a ,state law or regulation that require such ,state regulated electric utility to purchase from certain types of generation sources if complying with such ,state law or regulation-- 7,i7 is limited to fulfilling the direct legal obligation2 and 7,,ii7 does not involve discretionary consideration of ,,esg factors beyond such obligation4 7,c7 ,environmental1 social1 or governance factor or ,,esg factor defined ,the term environmental1 social1 or governance factor or ,,esg factor means any factor relating to-- 7i7 environmental considerations1 including climate change policies1 carbon emissions reductions1 or environmental justice initiatives1 unless directly tied to pecuniary impacts such as cost reduction1 reliability enhancement1 or compliance with ,federal or ,state law or regulation2 7ii7 social considerations1 including-- 7,i7 corporate board or workforce composition quotas based on race1 color1 ethnicity1 sex1 or national origin2 or 7,,ii7 supplier diversity programs that grant preferences based on race1 color1 ethnicity1 sex1 or national origin1 unless such programs are required by applicable ,federal or ,state law2 or 7iii7 governance considerations1 including the adoption of corporate governance policies primarily for the purpose of advancing political1 ideological1 or social objectives unrelated to pecuniary outcomes relevant to ,state regulated electric utility operations1 customer service1 or ratepayer cost impacts4 4