Energy Utility Lobbying Ban Act

What it does

• •Requires states to prohibit former state regulatory authority officers and employees from lobbying electric utilities before the same regulatory authority on matters they personally participated in during their employment.
• •Extends the lobbying prohibition to a 2-year post-employment period for matters that were pending under the person's official responsibility within 1 year before they left their position.
• •Requires states to enforce these prohibitions through investigation, penalties, and allowing affected parties to seek damages for violations.
• •Withholds 10% of state energy program financial assistance from states that do not adopt and enforce these lobbying restrictions.

Why it matters

• •Aims to prevent conflicts of interest and corruption by restricting the revolving door between state utility regulators and the electric utilities they oversee.
• •Uses federal financial incentives (conditional grants) to enforce ethics standards across states with varying existing regulations.
• •Creates accountability mechanisms including public reporting on state compliance and an appeals process for states.

Who is affected

• •Former officers and employees of state regulatory authorities (typically utility commissions).
• •States that receive federal energy program financial assistance under the Energy Policy and Conservation Act.
• •Electric utilities subject to state ratemaking authority.

What happens next

The Secretary of Energy must promulgate regulations within 9 months of enactment, conduct annual compliance reviews beginning one year after enactment, and maintain a public database of state compliance status.