BILL Drivers Act

This Act may be cited as the “Better Information through Line-item Labeling Drivers Act” or the “BILL Drivers Act”.

Congress finds the following:

(1) Residential customers and small business customers in many States have experienced material increases in electricity bills driven by multiple, identifiable factors, including electricity generation, transmission, and distribution costs, State and local public policy requirements, and taxes.

(2) Publicly available analyses produced by independent market monitors for Regional Transmission Organizations and Independent System Operators demonstrate that electricity costs can be disaggregated into discrete, transparent cost components at a point in time using existing data and methodologies.

(3) While such component level data exists, it is not consistently presented to customers or policymakers in a standardized, accessible format that clearly identifies the relative magnitude and comparative contribution of each cost driver to electricity bills.

(4) A clear, point in time identification of electricity cost components will assist customers and policymakers in understanding the cost drivers of electricity bills, without altering retail ratemaking authority or assigning cost responsibility to individual electric utilities.

(a) In general.— The Administrator, in consultation with the Commission, shall conduct and publish a standardized analysis, for each State, of changes over the preceding 7-year period in the principal electricity cost components reflected in retail electricity bills for residential customers and small business customers.

(b) Contents.— The analysis conducted under this section shall, at a minimum—

(1) identify changes, for each State, over the preceding 7-year period in each electricity cost component identified as applicable by the Administrator, including—

(A) generation costs, including all costs incurred to generate or procure electric energy and resource adequacy necessary to serve customer load, regardless of whether such costs are recovered through competitive wholesale markets or cost of service regulation;

(B) transmission-related costs;

(C) electricity distribution costs;

(D) State and local taxes and fees, including—

(i) sales and use taxes on electricity;

(ii) gross receipts taxes; and

(iii) municipal utility taxes and other miscellaneous fees imposed by State or local governments as determined by the Administrator; and

(E) State policy cost components;

(2) distinguish, to the extent practicable, among Federal, State, and local policy-related costs, including taxes and public policy mandates; and

(3) assess, to the extent practicable, the impacts of large load additions, including data centers, on electricity cost trends.

(c) Market structure neutrality.— In conducting the analysis under this section, the Administrator shall identify electricity cost components in such a manner that enables comparison across States with differing electricity market structures, including States served by vertically integrated utilities and States with restructured or competitive retail electricity markets.

(d) Data sources.— In conducting the analysis under this section, the Administrator shall leverage publicly available data, including—

(1) Energy Information Administration Form 861 and related data sets; and

(2) publicly available reports and analyses produced by independent market monitors for Regional Transmission Organizations and Independent System Operators, where applicable.

(e) Consultation with the Commission.— The Commission shall provide technical assistance to the Administrator with respect to wholesale electricity, capacity, transmission, and ancillary services cost trends and related data under the Commission’s jurisdiction, including in regions with organized wholesale markets.

(f) Report to Congress.— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the analysis conducted under this section.

(a) In general.— In conducting the analysis under section 3, the Administrator shall consider relevant findings from the most recent Long-Term Reliability Assessment published by the Electric Reliability Organization pursuant to section 215(g) of the Federal Power Act (16 U.S.C. 824o(g)) regarding load growth, resource adequacy, and transmission needs.

(b) Submission.— The Administrator shall summarize how the findings described in subsection (a) relate to electricity cost trends and include such summary in the report submitted to Congress under section 3.

(c) Coordination and use of existing data.— Nothing in this section shall be construed to require the Electric Reliability Organization to conduct a new assessment or to duplicate any existing reliability or adequacy study.

The Commission and the Administrator shall publish the results of the analysis conducted under section 3 in a clear, consumer-friendly format on the website of the Commission, and the website of the Energy Information Administration, respectively.

In this Act:

(1) Administrator.— The term Administrator means the Administrator of the Energy Information Administration.

(2) Commission.— The term Commission means the Federal Energy Regulatory Commission.

(3) Electric consumer.— The term electric consumer has the meaning given such term in section 3(5) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(5)).

(4) Electricity cost component.— The term electricity cost component means an identifiable category of costs incurred to generate electricity, or procure, deliver, or administer electric service to residential customers, commercial customers, or industrial customers, which may be recovered through wholesale market transactions, bundled cost-of-service rates, or other regulatory mechanisms, including—

(A) electricity generation, capacity, transmission, and delivery, as applicable;

(B) ancillary services;

(C) administrative charges;

(D) State policy cost components; and

(E) other cost categories as determined by the Administrator.

(5) Electric Reliability Organization.— The term Electric Reliability Organization has the meaning given such term in section 215(a)(2) of the Federal Power Act (16 U.S.C. 824o(a)(2)).

(6) Independent System Operator.— The term Independent System Operator has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).

(7) Regional Transmission Organization.— The term Regional Transmission Organization has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).

(8) Residential customer.— The term residential customer means an electric consumer that receives electric service for use in a private dwelling unit, including single family homes and individual dwelling units within multifamily buildings, and that falls within the residential sector classifications used by the Energy Information Administration in its official publications.

(9) Small business customer.— The term small business customer means a nonresidential electric consumer that is not classified as an industrial customer and that falls within the commercial sector classifications used by the Energy Information Administration in its official publications.

(10) State policy cost component.— The term State policy cost component means the portion of electricity costs attributable to requirements, charges, or obligations established under State law or regulation that affect the cost of providing electricity to electric consumers. State policy cost components include net metering requirements, renewable portfolio standards, and public benefits requirements.

(A) Net metering.— The term net metering means a service to an electric consumer under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period.

(B) Renewable portfolio standard.— The term renewable portfolio standard means a State policy that requires or establishes a goal for electric utilities or other load serving entities to supply a specified minimum share of electricity sales from eligible renewable energy resources, as defined under State law.

(C) Public benefits requirement.— The term public benefits requirement means a State established requirement, charge, rider, or assessment applied to electric service that, as determined by the Administrator, funds or supports legislatively or regulatorily authorized public interest objectives, including customer support mechanisms, energy efficiency programs, or similar purposes, regardless of the terminology used by the State, local, Tribal, or territorial governments.

Nothing in this Act shall be construed to alter existing ratemaking authority, require changes to retail electricity rates, or assign cost responsibility to any specific electric utility or customer class.