This legislation amends Section 205 of the Federal Power Act to address the allocation of costs for certain electric transmission facilities. Its primary goal is to prevent consumers in one state from bearing the costs of transmission infrastructure primarily developed to fulfill a policy of another state, unless their own state has provided explicit consent. The bill defines a "covered transmission facility" as one planned or operated, in whole or in part, to implement a "covered policy" of a state or local entity. A transmission provider serving multiple states is prohibited from allocating costs for such a facility to consumers residing outside the state whose policy prompted the facility's construction. This prohibition can be overridden only if the non-resident consumer's state, or a designated public official, expressly consents to the cost allocation. Furthermore, the bill establishes specific presumptions regarding cost responsibility. It presumes that the benefits of a covered transmission facility accrue solely to the "cost causers," defined as consumers residing in the state whose policy is the basis for the facility. Conversely, consumers not residing in that state are presumed not to be cost causers. The Federal Energy Regulatory Commission (FERC) is mandated to issue implementing rules and regulations within 180 days of the bill's enactment.
Read twice and referred to the Committee on Energy and Natural Resources.
Energy
Fair Allocation of Interstate Rates Act
USA119th CongressS-3287| Senate
| Updated: 12/1/2025
This legislation amends Section 205 of the Federal Power Act to address the allocation of costs for certain electric transmission facilities. Its primary goal is to prevent consumers in one state from bearing the costs of transmission infrastructure primarily developed to fulfill a policy of another state, unless their own state has provided explicit consent. The bill defines a "covered transmission facility" as one planned or operated, in whole or in part, to implement a "covered policy" of a state or local entity. A transmission provider serving multiple states is prohibited from allocating costs for such a facility to consumers residing outside the state whose policy prompted the facility's construction. This prohibition can be overridden only if the non-resident consumer's state, or a designated public official, expressly consents to the cost allocation. Furthermore, the bill establishes specific presumptions regarding cost responsibility. It presumes that the benefits of a covered transmission facility accrue solely to the "cost causers," defined as consumers residing in the state whose policy is the basis for the facility. Conversely, consumers not residing in that state are presumed not to be cost causers. The Federal Energy Regulatory Commission (FERC) is mandated to issue implementing rules and regulations within 180 days of the bill's enactment.