This legislation amends the Public Utility Regulatory Policies Act of 1978, primarily aiming to restrict state regulatory authorities from approving rates charged by electric utilities that engage in certain practices related to diversity, equity, and inclusion (DEI) or that consider environmental, social, and governance (ESG) factors in their operations affecting rates. This measure seeks to ensure that utility rates are not influenced by non-pecuniary considerations. The bill introduces new conditions under which state regulatory authorities cannot approve rates. Specifically, the bill prohibits rate approval if an electric utility engages in DEI practices, including discriminating based on race, color, ethnicity, religion, biological sex, or national origin . It also disallows practices that require employees, as a condition of employment or advancement, to undergo training or assent to statements asserting the inherent superiority or inferiority of any group based on these characteristics. These provisions target practices perceived as divisive or discriminatory within the workplace. Furthermore, the bill prevents state regulatory authorities from approving rates if electric utilities consider environmental, social, or governance factors in their rate-setting or operational decisions affecting rates. It defines ESG factors to include climate change policies, corporate board quotas, supplier diversity programs, and governance policies primarily advancing political or social objectives, unless directly tied to pecuniary impacts or required by existing federal or state law. Utilities are permitted to comply with direct legal obligations related to ESG factors without discretionary consideration beyond what is mandated.
Referred to the House Committee on Energy and Commerce.
Energy
FAIR Act
USA119th CongressHR-4603| House
| Updated: 7/22/2025
This legislation amends the Public Utility Regulatory Policies Act of 1978, primarily aiming to restrict state regulatory authorities from approving rates charged by electric utilities that engage in certain practices related to diversity, equity, and inclusion (DEI) or that consider environmental, social, and governance (ESG) factors in their operations affecting rates. This measure seeks to ensure that utility rates are not influenced by non-pecuniary considerations. The bill introduces new conditions under which state regulatory authorities cannot approve rates. Specifically, the bill prohibits rate approval if an electric utility engages in DEI practices, including discriminating based on race, color, ethnicity, religion, biological sex, or national origin . It also disallows practices that require employees, as a condition of employment or advancement, to undergo training or assent to statements asserting the inherent superiority or inferiority of any group based on these characteristics. These provisions target practices perceived as divisive or discriminatory within the workplace. Furthermore, the bill prevents state regulatory authorities from approving rates if electric utilities consider environmental, social, or governance factors in their rate-setting or operational decisions affecting rates. It defines ESG factors to include climate change policies, corporate board quotas, supplier diversity programs, and governance policies primarily advancing political or social objectives, unless directly tied to pecuniary impacts or required by existing federal or state law. Utilities are permitted to comply with direct legal obligations related to ESG factors without discretionary consideration beyond what is mandated.