Utility Profit Oversight Act.
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SB 1045 — Utility Profit Oversight Act.
Last action — Withdrawn From Com
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill is in committee in the Senate. Introduced April 30, 2026. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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In Committee
Current position in the legislative process.
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9 sponsors
2 primary, 7 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (9 D).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
15 added · 16 removedPlain-language change summary
In the updated version of Senate Bill 1045, some wording has been clarified, emphasizing the authority of the Commission overseeing retail electric rates. Lines have been removed that might have caused confusion regarding the ability of utilities to implement certain rates. These changes matter because they aim to enhance the transparency of how electric rates are determined and ensure that consumers are not subjected to unexpected rate increases.
FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA AprSESSION 30,2025 2026S S.B.1 SENATE BILL 1045 Short Title:
1045Utility SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS15456-NPa-39 Short Title:Utility Profit Oversight Act.
Rules and Operations of the Senate May 4, 2026 A BILL TO BE ENTITLED AN ACT TO REQUIRE RATIFICATION BY THE GENERAL ASSEMBLY OF ANY RATES PROPOSED BY AN ELECTRIC PUBLIC UTILITY THAT INCREASES THE UTILITY'S AUTHORIZED RATE OF RETURN ON EQUITY.
–Notwithstandinganyotherprovisions ofthis Chapter,the Commission shall not establish or allow to become effective anyanyretail retail electric rates that increase, or have the effect of increasing, an electric public utility's authorized rate of return on equity, unless ratified by an act of the General Assembly that specifically approves such retail electric rates.
(c) Commission AuthorityAuthorityPreserved. Preserved.
– NothingNothingin in this section shall be construed to limit or abrogate the Commission's general authority to supervise and control electric public utilities or relieve the Commission of its duty to prevent electric public utilities from charging unjust and unreasonable rates.
The electric public utility shall not make any changes in any rate or implement a PBR except upon 30 days' notice to the Commission, and the Commission may require the electric public utility to *DRS15456-NPa-39**S1045-v-1* General Assembly Of North Carolina Session 2025 provide notice of the pending PBR application to the same extent as provided in G.S.
(a) Notwithstanding an order of suspension of an increase in rates, any public utility except a common carrier may, subject to the provisions of subsections (b), (c) and (d) hereof, and an electric public utilityutilitysubject subject to G.S.
provided, however, that utilities engaged in the distribution of utility commodities bought at wholesale bybythe theutilityfor utility for distribution to consumers maymayput put such suspended rate or rates, to the extent occasioned by changes in the wholesale rate of such utility commodity, into effect at the expiration of 30 days after the date when such rate or rates would become effective if not so suspended;
…." Page 2 DRS15456-NPa-39Senate Bill 1045-First Edition General Assembly Of North Carolina Session 2025 SECTION 3.(a) The Utilities Commission (Commission) shall conduct a study evaluating the cost of equity capital for electric public utilities doing business in North Carolina.
SECTION 3.(b) No later than January 1, 2027, the Commission shall submit the studystudyrequired required under subsection (a)of this sectiontotheJoint LegislativeCommission onEnergy Policy, the House Committee on Energy and Public Utilities, and the Senate Committee on Agriculture, Energy, and the Environment.
DRS15456-NPa-39Senate Bill 1045-First Edition Page 3
Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.
The bill requires that any increase in an electric public utility's authorized rate of return on equity must be ratified by the General Assembly.
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§ 62-130.1
§ 62-130.1. General Assembly ratification of rates that increase an electric public utility's authorized rate of return on equity. (a) Ratification Requirement. – Notwithstanding any other provisions of this Chapter, the Commission shall not establish or allow to become effective any retail electric rates that increase, or have the effect of increasing, an electric public utility's authorized rate of return on equity, unless ratified by an act of the General Assembly that specifically approves such retail electric rates.
This creates a new requirement where any rate increases affecting the rate of return on equity must be approved by the General Assembly.
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§ 62-130.1
(b) Suspension Order. – If an electric public utility files with the Commission retail electric rates set at an amount that would have the effect of increasing the utility's authorized rate of return on equity, the Commission shall issue an order to suspend the operation of such retail electric rates to the extent that it would allow revenue recovery in excess of the utility's current rate of return on equity authorized by the Commission.
This provision requires the Commission to suspend the proposed rates if they would increase the rate of return on equity until ratified by the General Assembly.
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§ 62-130.1
(c) Commission Authority Preserved. – Nothing in this section shall be construed to limit or abrogate the Commission's general authority to supervise and control electric public utilities or relieve the Commission of its duty to prevent electric public utilities from charging unjust and unreasonable rates.
This clarifies that the Commission retains authority to oversee utilities even with this new ratification requirement.
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§ 62-133.16(d)(3)
(3) When an electric public utility files with the Commission an application for a general rate case pursuant to G.S. 62-133 and that application includes a PBR application, the Commission shall institute proceedings on the application as provided in this subdivision. The electric public utility shall not make any changes in any rate or implement a PBR except upon 30 days' notice to the Commission, and the Commission may require the electric public utility to provide notice of the pending PBR application to the same extent as provided in G.S. 62-134(a) and G.S. 62-134(a).→ (3) When an electric public utility files with the Commission an application for a general rate case pursuant to G.S. 62-133 and that application includes a PBR application, the Commission shall institute proceedings on the application as provided in this subdivision. The electric public utility shall not make any changes in any rate or implement a PBR except upon 30 days' notice to the Commission, and the Commission may require the electric public utility to provide notice of the pending PBR application to the same extent as provided in G.S. 62-134(a) and G.S. 62-134(a). The Commission may suspend the effect of the proposed base rates and PBR implementation pending investigation in the same manner as provided in G.S. 62-134(b), provided that, unless the rates are subject to ratification by the General Assembly under G.S. 62-130.1, the Commission may suspend the implementation of the proposed base rates for no longer than 330 days.This change modifies the timeframe for suspension of proposed rates in cases where General Assembly ratification is not required.
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§ 62-134(b)
This subsection does not apply to suspension orders issued by the Commission for rates subject to ratification by the General Assembly under→ This subsection does not apply to suspension orders issued by the Commission for rates subject to ratification by the General Assembly under G.S. 62-130.1.This specifies that the suspension process does not apply to rates requiring ratification under the new section.
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§ 62-135
§ 62-135. Temporary rates under bond. (a) Notwithstanding an order of suspension of an increase in rates, any public utility except a common carrier may, subject to the provisions of subsections (b), (c) and (d) hereof, and an electric public utility subject to G.S. 62-130.1 may put such suspended rate or rates into effect upon the expiration of six months after the date when such rate or rates would have become effective, if not so suspended, by notifying the Commission and its consumers of its action in making such increase not less than 10 days prior to the day when it shall be placed in effect; ...
This adjustment allows an electric public utility subject to ratification to implement temporary rates while suspended for an increasing rate of return on equity.
Action History
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Withdrawn From Com
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Re-ref Com On Appropriations/Base Budget
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Filed
Sponsors
- Mujtaba A. Mohammed · Cosponsor
- Jonah Garson · Cosponsor
- Sydney Batch · Cosponsor
- Val Applewhite · Cosponsor
- Gale Adcock · Cosponsor
- Lisa Grafstein · Cosponsor
- Michael Garrett · Primary
- DeAndrea Salvador · Primary
- Kandie D. Smith · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 7 co-sponsors · 170 not signed on
Sponsors (2)
- Michael Garrett Democratic
- DeAndrea Salvador Democratic
Co-sponsors (7)
- Mujtaba A. Mohammed Democratic
- Jonah Garson Democratic
- Sydney Batch Democratic
- Val Applewhite Democratic
- Gale Adcock Democratic
- Lisa Grafstein Democratic
- Kandie D. Smith Democratic
Not signed on (170)
170 members have not signed on to this bill.
Show all 170 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SB 1045?
- SB 1045 is sponsored by Mujtaba A. Mohammed (Democratic), Jonah Garson (Democratic), Sydney Batch (Democratic), Val Applewhite (Democratic), Gale Adcock (Democratic), Lisa Grafstein (Democratic), Michael Garrett (Democratic), DeAndrea Salvador (Democratic), and Kandie D. Smith (Democratic).
- What is the current status of SB 1045?
- This bill is in committee in the Senate. Introduced April 30, 2026. It must pass committee before a floor vote.
- Where can I track SB 1045?
- Track SB 1045 free on One Click Politics — get push/email alerts when it moves.
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