Bill > S211

Introduced Session

This bill would require the Director of the Division of Rate Counsel to consider certain factors, related to climate and the environment, when representing the public interest in case proceedings before, or appeals from, a State department, commission, authority, council, agency, or board that is charged with regulating or controlling any business, industry, or utility with respect to the provision of a required service or the fixing of rates, tolls, fares, or charges thereby. Current law authorizes the division to initiate a case proceeding or appeal when the director determines that a discontinuance of, or a change in, a required service or rate, toll, fare, or charge is in the public interest. The bill would clarify that, in making a determination as to what is in the public interest, and in evaluating how the public interest can best be served in any proceeding or appeal initiated pursuant to this provision of law, the director will be required to consider both: (1) the affordability and equitability of the proposed rate or service measure (i.e., the proposed rate or service change or discontinuance), in comparison to the status quo and other viable alternatives; and (2) the actual and potential effects of the proposed rate or service measure on the climate and environment, including, but not limited to: (a) the social cost of carbon, in comparison to the status quo and other viable alternatives, that will result from the proposed measure; (b) whether, and the extent to which, the proposed measure, in comparison to the status quo and other viable alternatives, will aid or hinder the State's ability to timely fulfill its de-carbonization goals; and (c) whether, and the extent to which, the proposed measure, in comparison to the status quo and other viable alternatives, will cause or contribute to cumulative environmental or public health stressors that are higher in an overburdened community than in other communities. The bill would further require the division, when representing the public interest for these purposes, to prioritize those cases that are determined, by the director, to have the most potential to either negatively or positively impact: the social cost of carbon; the ability of the State to timely fulfill its de-carbonization goals; or the number, type, or extent of environmental or health stressors that are present in an overburdened community.

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Linda Greenstein (D)*,  Bob Smith (D)*, 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/09/2024)

Official Document