Definitions

In this Act: (1) Cost of acceptance The term cost of acceptance — (A) means the direct, documented cost incurred by a regulated electric utility, or its third-party service provider, for processing a payment through a payment channel, including costs incurred from interchange fees, gateway or processor fees, payment fraud prevention charges, and labor costs directly attributable to processing the payment though the payment channel; and (B) does not include general overhead, profit margins, or operational costs incurred by the regulated electric utility, or its third-party service provider, that are not directly tied to payment processing. (2) Payment channel The term payment channel means any mechanism by which a residential consumer may make a payment for electric energy consumed by the residential consumer and includes the mail, the telephone, the internet, automated clearing houses, and in-person services provided at an office or kiosk. (3) Regulated electric utility The term regulated electric utility has the meaning given the term State regulated electric utility in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602). (4) Residential consumer The term residential consumer means any individual that purchases electric energy for personal, family, or household purposes. (5) Secretary The term Secretary means the Secretary of Energy. (6) Spurious charge The term spurious charge means any charge imposed by a regulated electric utility, or its third-party service provider, on a residential consumer as a condition of accepting a payment for electric energy made using a payment channel that— (A) exceeds the greater of— (i) the amount equal to 150 percent of the regulated electric utility’s documented cost of acceptance; or (ii) $3.00; (B) is imposed on a residential consumer who used a payment channel though which the regulated electric utility incurred no documented cost of acceptance, including in-person payments at utility offices, automatic recurring payments, direct automated clearing house transfers, and mail payments; or (C) is imposed without affirmative, prior, and clear disclosure of— (i) the amount of the charge; (ii) the reason for the charge; (iii) the total amount due, including the charge and any other amount due; and (iv) information about a payment channel that could be used by the residential consumer that does not include the charge. (7) State The term State has the meaning given such term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202). (8) State energy program financial assistance The term State energy program financial assistance means the financial assistance granted to a State under section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323).