Real bill currently in Congress c/o HR/119/10081
No Utility Junk Fees Act
Latest action (2026-08-10): Referred to the House Committee on Energy and Commerce.
The Framers
“Founders’ Verdict”
Confidence 0.75
Synthesis
The bill is constitutional only if it is limited to utility fees that substantially affect interstate commerce and does not intrude upon purely intrastate utility operations or state police powers. Congress may regulate such fees under the Commerce Clause and the Necessary and Proper Clause, but must avoid overreach into state-regulated local utility matters.
The proposed legislation, which seeks to prohibit unjustified fees imposed by utility providers, is a proper exercise of Congress's power to regulate interstate commerce. Utility services, including the generation, transmission, and distribution of electricity, natural gas, and water, are deeply intertwined with interstate markets and are vital to the economic activity of the Nation. Fees attached to these services directly affect the cost and flow of goods and services across state lines, thereby falling within the sphere of federal authority under the Commerce Clause. Moreover, by prohibitin…
This bill, if it merely prohibits deceptive 'junk fees' in utility billing, may be a legitimate exercise of Congress's power to regulate interstate commerce, as utilities often engage in interstate transactions. However, the Tenth Amendment reserves to the states all powers not expressly delegated to the federal government. If this act seeks to dictate the specific rates, fee structures, or internal accounting of local utilities—especially those not engaged in interstate commerce—it would exceed federal authority and intrude upon the reserved police powers of the states. The condition is that …
The proposed bill, if it seeks to regulate utility junk fees that substantially affect interstate commerce, may fall within the enumerated power of Congress to regulate commerce among the several states. However, I must caution that the Constitution grants only limited and enumerated powers, and the Tenth Amendment reserves to the states all powers not expressly delegated. The regulation of retail utility rates and fees has traditionally been a matter of state police power, and the federal intrusion is justified only where a clear and substantial connection to interstate commerce exists. If th…
This bill, the No Utility Junk Fees Act, is a regulation of commerce among the several states. Utility services, including the transmission of electricity, gas, and water, frequently cross state lines and constitute a significant part of interstate commerce. The imposition of hidden or unjustified fees directly burdens that commerce by inflating costs and obscuring prices. Under the Commerce Clause, Congress possesses the authority to regulate such commercial transactions. Moreover, this act is a necessary and proper means to execute that power, as it ensures transparent and fair pricing in th…
What should pass
“AI Consensus Solution”
Consumer Utility Fee Integrity Act of 2025
To prevent regulated electric utilities from imposing deceptive or unauthorised charges on consumers by making federal energy program financial assistance to states conditional on state adoption and enforcement of rules banning such charges.
Bipartisan rationale: Democratic priorities honored: strong consumer protection against deceptive utility fees, federal oversight to ensure transparency, and enforcement mechanisms. Republican priorities honored: respect for state sovereignty by allowing states to opt out of the condition for certain SEP funds, use of existing state regulatory frameworks, sunset provision to prevent perpetual federal control, and no new federal spending beyond existing appropriations.
Vote-count path: House: ~260 votes (160 Democrats + 100 Republicans from oversight and energy committees); Senate: ~62 votes (45 Democrats + 17 Republicans from western and consumer-minded states).