Missouri HB 2207: Creates provisions for electrical choice and competition

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2207
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MAYHEW.
5166H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To amend chapter 393, RSMo, by adding thereto fifteen new sections relating to the electric
choice and competition act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 393, RSMo, is amended by adding thereto fifteen new sections, to
2 be known as sections 393.2000, 393.2010, 393.2020, 393.2030, 393.2040, 393.2050,
3 393.2055, 393.2060, 393.2070, 393.2080, 393.2090, 393.2100, 393.2110, 393.2120, and
4 393.2130, to read as follows:
393.2000. Sections 393.2000 to 393.2130 shall be known and may be cited as
2 "The Electric Choice and Competition Law".
393.2010. Consistent with the timelines established in section 393.2040, the
2 provisions of sections 393.2000 to 393.2130 shall govern the sale of electric energy in the
3 state of Missouri, and any provision of law that conflicts with the provisions of sections
4 393.2000 to 393.2130 shall be invalid and void.
393.2020. For purposes of sections 393.2000 to 393.2130, the commission is
2 authorized to promulgate rules as necessary to implement these provisions, consistent
3 with section 386.125. The commission may promulgate all necessary rules and
4 regulations for the administration of sections 393.2000 to 393.2130. Any rule or portion
5 of a rule, as that term is defined in section 536.010, that is created under the authority
6 delegated in this section shall become effective only if it complies with and is subject to
7 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and
8 chapter 536 are nonseverable and if any of the powers vested with the general assembly
9 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

10 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
11 and any rule proposed or adopted after August 28, 2026, shall be invalid and void.
393.2030. As used in sections 393.2000 to 393.2130, the following terms shall
2 mean:
3 (1) "Aggregation program", a grouping of retail customers, usually residential
4 customers, into a buying group to purchase energy generation services in bulk from a
5 retail electric supplier;
6 (2) "Anticompetitive conduct" or "discriminatory conduct", actions of an
7 electric utility that inhibit the ability of retail electric suppliers to provide electric supply
8 to retail customers or that create an impression that any electric supply by the electric
9 utility is superior to offerings in the competitive market or provides an advantage to any
10 related retail electric supplier over nonaffiliated retail electric suppliers;
11 (3) "Commission", the public service commission of the state of Missouri;
12 (4) "Competitive procurement process", an auction or other competitive process
13 in which wholesale electric suppliers submit bids to provide electric supply to the
14 electric utility for purposes of serving default supply service;
15 (5) "Competitive transition charge", a nonbypassable charge mechanism for the
16 recovery of transition or stranded costs by the electric utility over a limited time;
17 (6) "Default supply service", an electric supply service provided by the electric
18 utility, or a nonutility entity selected by the commission, upon transition to a competitive
19 market for customers who do not choose a retail electric supplier;
20 (7) "Delivery service rates", the charges for the delivery or transmission of
21 electric power and energy;
22 (8) "Dual bill", an invoicing framework in which the retail customer receives a
23 bill from the retail electric supplier that includes charges for electric supply services and
24 another from the electric utility for transmission and distribution services;
25 (9) "Electric supply" or "electric supply services", the sale or purchase of
26 electricity by a retail customer from a retail supplier or from a default supply service
27 provider;
28 (10) "Electric utility" or "investor-owned utilities", an electric corporation as
29 defined in subdivision 15 of section 386.020. "Electric utility" or "investor-owned
30 utilities" shall not include municipally owned electric utilities operating under chapter
31 91 or rural electric cooperatives operating under chapter 394, but such municipally
32 owned or rural electric cooperatives may choose to opt into a competitive retail market
33 and be bound by the applicable provisions of the electric choice and competition law;
HB 2207 2

34 (11) "Energy assistance customers", a residential customer who is qualified as
35 eligible for energy-related billing assistance due to their income level and enrolled in an
36 en