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State utility laws are the primary barrier to Trump’s AI ratepayer protection pledge

The best way to leverage the pledge’s supply commitment is to accelerate the nationwide momentum to give business customers retail choice, write Devin Hartman and Kent Chandler of the R Street Institute.

6 April 2026 at 09:00 pm
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State utility laws are the primary barrier to Trump’s AI ratepayer protection pledge

Title: State Utility Laws Are the Primary Barrier to Trump’s AI Ratepayer Protection Pledge

In 2019, President Donald Trump signed an executive order known as the American Innovation and Infrastructure Act (AI Act), which aimed to protect ratepayers by giving them the ability to choose their electricity provider. The AI Act was a significant step towards deregulating the energy market, but its implementation has faced significant hurdles, primarily due to state utility laws. Devin Hartman and Kent Chandler of the R Street Institute argue that these state laws are the primary barrier to realizing the full potential of the AI Act’s supply commitment.

The AI Act was designed to encourage competition in the energy market by allowing businesses to switch providers more easily. This would, in theory, lead to lower energy costs and better service for consumers. However, the actual impact of the AI Act has been limited, with many businesses still unable to take advantage of the retail choice provisions. The primary reason for this is the existence of state utility laws that restrict the ability of businesses to switch providers.

State utility laws vary widely across the country, but they generally require businesses to obtain special permits or meet specific criteria before they can switch providers. These requirements can be time-consuming and expensive, making it difficult for businesses to take advantage of the retail choice provisions of the AI Act. In some cases, state laws also limit the ability of businesses to choose providers based on factors such as cost or reliability, further undermining the potential benefits of the AI Act.

Hartman and Chandler argue that the best way to leverage the AI Act’s supply commitment is to accelerate the nationwide momentum to give business customers retail choice. They suggest that this can be achieved by working with state regulators to update and simplify state utility laws. By doing so, they argue, businesses will be able to more easily switch providers, leading to increased competition and lower energy costs.

The R Street Institute has been advocating for the need to update state utility laws for some time. In a recent report, the institute highlighted the challenges faced by businesses trying to take advantage of the AI Act’s retail choice provisions. The report found that many businesses were deterred from switching providers due to the complex and burdensome state utility laws.

Hartman and Chandler also point out that the AI Act’s retail choice provisions are not the only way to protect ratepayers. They argue that there are other ways to achieve similar goals, such as by promoting energy efficiency or encouraging the development of renewable energy sources. However, they maintain that the retail choice provisions of the AI Act are an important tool that should be fully realized.

In conclusion, while the AI Act was a significant step towards deregulating the energy market, its implementation has been hindered by state utility laws. By working to update and simplify these laws, it is possible to accelerate the nationwide momentum to give business customers retail choice, as argued by Devin Hartman and Kent Chandler of the R Street Institute. This would lead to increased competition, lower energy costs, and better service for consumers, ultimately fulfilling the promise of the AI Act.

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