FAIR Act

This bill would change how state utility regulators approve electric rates. It says regulators may not approve rates for a state‑regulated electric company if the company uses certain DEI practices, like discriminating based on race, religion, sex, or similar traits, or requiring employees to take training or sign statements that claim one group is superior or inferior to another. It also says regulators may not approve rates if a utility uses ESG factors—such as climate policies, board or workforce quotas, or supplier diversity preferences—when setting rates or making decisions that affect rates, unless those factors are directly tied to costs, reliability, or are required by law.

• Who is affected: State‑regulated electric utilities, state utility regulators, and customers whose rates are reviewed by these agencies.
• What changes: Regulators must reject rates if utilities use certain DEI or ESG practices. There are exceptions when a utility is following specific federal or state laws and only doing what the law directly requires, without extra discretionary ESG considerations.
• When: If passed, these rules would apply during state reviews of electric rates.