[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2596 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2596
To prohibit natural gas price gouging after a disaster, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2023
Mr. Harder of California introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit natural gas price gouging after a disaster, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop PG&E Price Gouging During
Emergencies Act''.
SEC. 2. PROHIBITION ON UNCONSCIONABLE PRICING OF NATURAL GAS DURING A
MAJOR DISASTER DECLARATION.
For the duration of a major disaster declared under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), and for 1 year after the end of such major disaster, it
shall be unlawful for any utility company to charge a rate for the sale
of natural gas, at wholesale or at retail, in any county to which the
declaration applies that, as determined by the Federal Trade
Commission, in collaboration with the Federal Energy Regulatory
Commission--
(1) is unconscionably excessive; and
(2) indicates that the utility company is taking unfair
advantage of the circumstances related to the declaration of a
major disaster to increase prices unreasonably.
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement by FTC.--A violation of section 2 shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission
shall enforce a violation of section 2 in the same manner, by the same
means, and with the same jurisdiction as though all applicable terms
and provisions of the Federal Trade Commission Act were incorporated
into and made a part of this Act. In enforcing section 2 of this Act,
the Commission shall give priority to enforcement actions concerning
utility companies with total United States wholesale or retail sales of
natural gas in excess of $2,000,000,000 per year.
(b) Civil Penalties.--
(1) In general.--Notwithstanding the penalties set forth
under the Federal Trade Commission Act, any utility company
that knowingly violates section 2 shall be subject to--
(A) a civil penalty of not more than 3 times the
amount of profits gained by such utility company
through such violation; or
(B) a civil penalty of not more than $100,000,000
total.
(2) Method.--The penalties under paragraph (1) shall be
obtained in the same manner as civil penalties obtained under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by paragraph (1)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the court shall take into consideration, among
other factors, the seriousness of the violation and the
efforts of the utility company committing the violation
to remedy the harm caused by the violation in a timely
manner.
SEC. 4. CRIMINAL PENALTIES.
(a) In General.--In addition to any penalty applicable under
section 3, any utility company that violates section 2 shall be fined
under title 18, United States Code, in an amount not to exceed
$500,000,000.
(b) Enforcement.--The criminal penalty provided by subsection (a)
may be imposed only pursuant to a criminal action brought by the
Attorney General.
SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL.
(a) In General.--An attorney general of a State, as parens patriae,
may bring a civil action on behalf of its residents in an appropriate
district court of the United States to enforce the provisions of
section 2 of this Act, or to impose the civil penalties authorized by
section 3(b)(1)(B), whenever the attorney general of the State has
reason to believe that the interests of the residents of the State have
been or are being threatened or adversely affected by a violation of
this Act, involving a retail sale.
(b) Notice.--The attorney general of a State shall serve written
notice to the Federal Trade Commission of any civil action under
subsection (a) prior to initiating such civil action. The notice shall
include a copy of the complaint to be filed to initiate such civil
action, except that if it is not feasible for the State to provide such
prior notice, the State shall provide such notice immediately upon
instituting such civil action.
(c) Limitation on State Action While Federal Action Is Pending.--If
the Federal Trade Commission or the Federal Energy Regulatory
Commission has initiated a civil action or an administrative action for
violation of this Act, no State attorney general, or official or agency
of a State, may bring an action under this section during the pendency
of that action against any defendant named in the complaint of the
Federal Trade Commission or the Federal Energy Regulatory Commission
for any violation of this Act alleged in the complaint.
(d) Rules of Construction.--
(1) Civil action.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall be
construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of such State to conduct investigations, administer oaths
or affirmations, or compel the attendance of witnesses or the
production of documentary and other evidence.
(2) Enforcement of state law.--Nothing in this section
shall be construed to prohibit an authorized State official
from proceeding in State court to enforce a civil or criminal
statute of such State.
SEC. 6. EFFECT ON OTHER LAWS.
(a) Other Authority of Federal Trade Commission.--Nothing in this
Act shall be construed to limit or affect in any way the Federal Trade
Commission's authority to bring enforcement actions or take any other
measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
or any other provision of law.
(b) State Law.--Nothing in this Act preempts any State law.
SEC. 7. DEFINITIONS.
In this Act:
(1) Natural gas.--The term ``natural gas'' has the meaning
given that term in section 2 of the Natural Gas Act (15 U.S.C.
717a).
(2) Utility company.--The term ``utility company'' means a
gas utility company or a public-utility company, as such terms
are defined in section 1262(7) of the Public Utility Holding
Company Act of 2005 (42 U.S.C. 16451).
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