What changed between these versions
A minor but substantive change. v2 removes the explicit definition of "energy" that was present in Section 2(b) of v1, which listed specific energy types like natural gas, hydrogen, and electricity. This deletion means the scope of "energy" protected by the Act is no longer explicitly enumerated, potentially broadening or leaving ambiguous the types of energy covered by the prohibition on state and local regulation.
Overview
A single, focused change was made to the bill. · The overall direction is a removal of specificity regarding the types of energy covered, which could lead to a broader or less constrained application of the core prohibition.
The primary change in v2 is the deletion of Section 2(b), which previously provided a detailed definition of "energy" by listing eight specific types, including natural gas, hydrogen, and electricity. This removal means the bill no longer explicitly defines the types of energy protected from state and local prohibitions, leaving the term "energy" to be interpreted without this specific enumeration. All other operative provisions, including the core prohibition on state and local regulation, remain unchanged.
Deletions
This subsection defined the term "energy" by listing eight specific types: natural gas, renewable natural gas, hydrogen, liquified petroleum gas, renewable liquified petroleum gas, other liquid petroleum products, biomass-based diesel fuels and renewable fuels, and electricity.
The removal of this explicit definition means that the types of energy protected by the Act are no longer enumerated. This could lead to broader or more ambiguous interpretations of what constitutes "energy" under the Act, potentially extending the prohibition to energy types not explicitly listed in v1, or conversely, creating uncertainty about the intended scope.
Scope
Meaningful expansion or narrowing — The change is concentrated within a single section, specifically the definitional component. — The change represents a refinement in the scope of the bill by removing explicit definitions, which could lead to a broader or less constrained application of the core prohibition. It does not alter the fundamental policy direction of prohibiting state and local energy choice limitations but changes how "energy" is understood within that policy. — The deletion of the definition directly impacts the interpretation and application of the core prohibition in Section 2(a) (now just Section 2), as the term "energy" is central to that prohibition.
Impact analysis
State and local governments, and their instrumentalities or regulatory agencies
Procedural change and potential expansion of regulatory constraint, as the scope of the federal prohibition is less explicitly defined.
These entities are still prohibited from limiting energy service based on type or source. However, the specific types of energy to which this prohibition applies are no longer explicitly defined.