This bill prohibits allocating the costs of transmission facilities built for one state's policy to consumers in other states without their explicit consent.
Julie Fedorchak
Representative
ND
The Fair Allocation of Interstate Rates Act prevents transmission providers from passing the costs of certain interstate transmission projects onto consumers in states that did not mandate the project. Specifically, costs for facilities built to implement one state's policy cannot be allocated to out-of-state consumers unless that state expressly consents. This legislation establishes a presumption that only the residents of the implementing state benefit from and should bear the costs of such facilities.
This bill, the Fair Allocation of Interstate Rates Act, is all about who pays for the massive power lines and infrastructure needed to support state-level energy goals—especially those focused on renewables or specific environmental policies. Right now, when a state builds a new transmission line, the costs often get spread across all the consumers in the multi-state region served by that grid. This bill changes that by amending Section 205 of the Federal Power Act. It says that if a new transmission facility is built to carry out a specific state policy (a "covered policy"), the utility can't automatically charge consumers in neighboring states for the cost. Out-of-state consumers are only billed if their state government explicitly consents to the cost sharing. Basically, if State A decides to go 100% renewable and needs a new, expensive power line to make it happen, consumers in State B can’t be forced to chip in unless State B’s legislature or designated official signs off on the expense. The Federal Energy Regulatory Commission (FERC) has six months to write the rules for this new system.
This legislation introduces a major shift in how we think about who benefits from new infrastructure. It establishes three legal presumptions that cut through the existing complexity: First, the benefits of a new power line go only to the "cost causers." Second, the only "cost causers" are consumers who live in the state that implemented the policy driving the construction. Third, anyone outside that state is automatically not a cost causer. This is the bill’s core mechanism for protecting consumers in neighboring states from what they might see as involuntary subsidies for another state's policy choices. For example, if California implements a policy requiring massive new solar farms in the desert, and those farms need new interstate transmission lines, this bill presumes that only California ratepayers benefit and should bear the construction cost.
For consumers in states that aren’t pushing major, expensive energy policies, this bill looks like a great deal. It’s a shield against unexpected rate hikes—you won't have to worry about your monthly bill jumping up because a state three hundred miles away decided to build a massive wind farm. However, this protection comes with a few serious real-world trade-offs. The main issue is that the full cost of these major transmission projects gets concentrated on the consumers in the state that initiated the policy. For a small business owner or a family in that state, this could mean significantly higher electricity rates because the cost base is smaller.
Furthermore, interstate transmission projects are rarely built just for one state. They often improve reliability and grid stability across the entire region—benefits that the bill’s strict "cost causer" definition legally ignores. If State A needs a new line for its renewable policy, but that line also prevents blackouts in State B, State B’s refusal to consent to cost sharing could stall the project. This makes planning and financing large-scale grid upgrades much harder for transmission providers and developers, potentially slowing down critical infrastructure improvements across the entire electric grid. The success of this law will hinge on how FERC defines the vague terms like "covered policy" and how states decide to wield their new veto power over cost allocation.