Energy Choice Act
- Sponsor
- Sen. Justice, James C. [R-WV]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Jun 4, 2025
Bottom line
The Energy Choice Act aims to prevent state and local governments from restricting consumer access to various energy types, particularly fossil fuels, by preempting local electrification mandates and similar energy source prohibitions.
What it actually does
This bill, titled the "Energy Choice Act," prohibits state and local governments from enacting or enforcing any law, regulation, or policy that restricts the connection, installation, or expansion of energy services based on the type or source of energy delivered to an end-user. It broadly defines "energy" to include natural gas, hydrogen, various liquid petroleum products, biomass-based fuels, and electricity, effectively preempting local bans on specific energy sources like natural gas in new construction.
Proponents argue
Proponents argue this bill protects consumer choice and ensures access to affordable, reliable energy sources, preventing local governments from imposing costly mandates that limit options for heating, cooking, and other energy needs. They contend that restricting certain energy types, such as natural gas, can increase utility costs for residents and businesses, hinder economic development, and limit energy infrastructure investment.
Opponents contend
Opponents contend that this bill undermines local control and efforts by communities to address climate change and promote public health through electrification and renewable energy adoption. They argue it would lock in fossil fuel infrastructure, impede progress towards decarbonization goals, and prevent local governments from responding to the specific environmental and economic needs of their constituents.
The bill is extremely short and straightforward, allowing for a quick and easy understanding of its core provisions.
Section 1
Short Title
This section establishes the official short title of the Act as the "Energy Choice Act," providing a common and concise reference for the legislation. This title is used for easy identification and discussion of the bill in legislative and public discourse, ensuring clarity and consistency when referring to this specific piece of legislation.
Supporters argue
Supporters argue that a clear and concise short title helps in public discourse and legislative tracking, making the bill's purpose more accessible and understandable to a wider audience.
Critics contend
No specific opposition is typically raised against short title provisions as they are standard legislative practice and do not alter substantive policy.
Tradeoffs
None.
Section 2
Definition of Energy
This section defines the term "energy" for the purposes of the Act, explicitly including a wide range of sources such as natural gas, renewable natural gas, hydrogen, liquified petroleum gas, other liquid petroleum products, biomass-based diesel fuels, renewable fuels, and electricity. This broad definition ensures that the subsequent prohibition on energy choice restrictions applies comprehensively to both traditional fossil fuels and various alternative energy sources, preventing narrow interpretations.
Section 3
Prohibition on State and Local Energy Bans
This is the core operative provision, which prohibits any state or local government, including their agencies, from enacting or enforcing any law, regulation, or policy that directly or indirectly restricts the connection, installation, distribution, or expansion of an energy service based on the type or source of energy delivered to an end-user. This effectively bans local ordinances that seek to prohibit natural gas hookups in new buildings or mandate all-electric construction, thereby preserving consumer and developer choice in energy infrastructure.