PlainBillCongress, translated.Legislation. Context. Public interest.Congressional Research Service
Version 00 · Introduced in House · Feb 7, 2025
Stop Misappropriating Ratepayer Tariffs for Excessive Resources Act or the SMARTER Act
This bill requires nonregulated utilities and state regulators of utilities to consider implementing a standard to prohibit electric utilities from recovering costs relating to the deployment of any smart grid system from their consumers. It also repeals the current requirement for states to consider authorizing electric utilities to recover costs relating to the deployment of certain smart grid systems from their consumers.
Within a year, each nonregulated utility and state regulatory authority must consider adopting the prohibition. Within two years, they must determine whether or not to implement the prohibition. However, the deadlines do not apply if a state has already considered or implemented a comparable standard.
People & committees
Rep. Van Drew, Jefferson [R-NJ-2] · R–NJ
Legislative record
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Referred to the House Committee on Energy and Commerce.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Mar 2, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-02-07 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed SMARTER Act would add a standard prohibiting electric utilities from recovering smart-grid deployment costs from ratepayers. State utility regulators and nonregulated utilities would face deadlines to consider that standard and make a determination, with exceptions for specified prior state actions. The supplied amendments do not establish the full requirements governing adoption of the standard, so they should not be described as conclusively imposing an automatic nationwide ban.
This Act may be cited as the Stop Misappropriating Ratepayer Tariffs for Excessive Resources Act or the SMARTER Act.
No electric utility may recover from ratepayers any capital, operating expenditure, or other costs of the electric utility relating to the deployment of any smart grid system.
shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—
The bill would repeal section 111(d)(18)(B) of the Public Utility Regulatory Policies Act of 1978. The supplied text does not reproduce that provision, so it does not show the full substance of what would be removed.
Section 111(d)(18)(B) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(18)(B)) is repealed.
The proposed standard would cover capital costs, operating expenditures, and other utility costs related to deploying any smart grid system. Its restriction concerns recovering those costs from ratepayers.
(22) Prohibition on rate recovery for smart grid investments No electric utility may recover from ratepayers any capital, operating expenditure, or other costs of the electric utility relating to the deployment of any smart grid system.
Unless a prior-state-action exception applies, each state regulatory authority, for utilities over which it has ratemaking authority, and each nonregulated utility would have to begin considering the standard or set a hearing date within one year after enactment of the new timing paragraph.
Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (22) of section 111(d).
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—
Unless a prior-state-action exception applies, those regulators and nonregulated electric utilities would have to finish considering the standard and make the determination under section 111 within two years after enactment of the new timing paragraph.
Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (22) of section 111(d).
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection—
Section 112(b) and (c) would not apply for this standard in the case of a utility if, before enactment of the new subsection, the state had implemented the same or a comparable standard for that utility, the state regulator or relevant nonregulated utility had conducted a proceeding to consider implementation, or the state legislature had voted on implementation for the utility within the preceding three years. The proceeding and legislative-vote exceptions do not expressly require adoption. This is an exception to the specified procedural subsections; the text does not expressly exempt qualifying utilities from the proposed section 111(d)(22) standard itself.
Subsections (b) and (c) shall not apply to the standard established by paragraph (22) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection— (1) the State has implemented for the electric utility the standard (or a comparable standard); (2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or (3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on that date of enactment.
For the new standard, the bill would update enactment-date references in section 112(c), under the heading “Failure to comply,” and section 124, under “Prior and pending proceedings.” Those references would use the enactment date of the new paragraph (22). The underlying provisions are not reproduced, so their full operation cannot be determined from the supplied amendments.
(2) Failure to comply Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22).
(c) Prior and pending proceedings Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: In the case of the standard established by paragraph (22) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (22).
The supplied official-actions snapshot, updated March 2, 2026, records introduction in the House and referral to the House Committee on Energy and Commerce on February 7, 2025. It does not establish subsequent legislative action or enactment.
Source snapshot updated 2026-03-02T15:23:49Z. 2025-02-07: Referred to the House Committee on Energy and Commerce. 2025-02-07: Introduced in House
A closer look
Reviewed version: Introduced in House · 2025-02-07. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy change attached to appropriations was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials. Materials needed to assess formal earmark status are not supplied.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
None identified in the reviewed text
No materially narrow preferential benefit was identified after reviewing the complete supplied introduced text. Generally applicable procedural exceptions alone do not meet the requested threshold for a targeted-benefit finding. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials.
Full text preserved for this analysis. Legislative record snapshot: Mar 2, 2026. How PlainBill uses AI