121 STAT. 1666
PUBLIC LAW 110–140—DEC. 19, 2007
dkrause on GSDDPC44 with PUBLAW
‘‘(A) integrate energy efficiency resources into utility, State, and regional plans; and ‘‘(B) adopt policies establishing cost-effective energy efficiency as a priority resource. ‘‘(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY INVESTMENTS.— ‘‘(A) IN GENERAL.—The rates allowed to be charged by any electric utility shall— ‘‘(i) align utility incentives with the delivery of cost-effective energy efficiency; and ‘‘(ii) promote energy efficiency investments. ‘‘(B) POLICY OPTIONS.—In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider— ‘‘(i) removing the throughput incentive and other regulatory and management disincentives to energy efficiency; ‘‘(ii) providing utility incentives for the successful management of energy efficiency programs; ‘‘(iii) including the impact on adoption of energy efficiency as 1 of the goals of retail rate design, recognizing that energy efficiency must be balanced with other objectives; ‘‘(iv) adopting rate designs that encourage energy efficiency for each customer class; ‘‘(v) allowing timely recovery of energy efficiencyrelated costs; and ‘‘(vi) offering home energy audits, offering demand response programs, publicizing the financial and environmental benefits associated with making home energy efficiency improvements, and educating homeowners about all existing Federal and State incentives, including the availability of low-cost loans, that make energy efficiency improvements more affordable.’’. (b) NATURAL GAS UTILITIES.—Section 303(b) of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)) is amended by adding at the end the following: ‘‘(5) ENERGY EFFICIENCY.—Each natural gas utility shall— ‘‘(A) integrate energy efficiency resources into the plans and planning processes of the natural gas utility; and ‘‘(B) adopt policies that establish energy efficiency as a priority resource in the plans and planning processes of the natural gas utility. ‘‘(6) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY INVESTMENTS.— ‘‘(A) IN GENERAL.—The rates allowed to be charged by a natural gas utility shall align utility incentives with the deployment of cost-effective energy efficiency. ‘‘(B) POLICY OPTIONS.—In complying with subparagraph (A), each State regulatory authority and each nonregulated utility shall consider— ‘‘(i) separating fixed-cost revenue recovery from the volume of transportation or sales service provided to the customer; ‘‘(ii) providing to utilities incentives for the successful management of energy efficiency programs, such
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