Missouri Bill Would Require Ballot Vote On Constitutional Amendment To Provide For Retail Electric Choice

January 30, 2020

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Reporting by Paul Ring • ring@energychoicematters.com

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A bill has been introduced into Missouri's state senate that would require that the state put forth to voters a proposed constitutional amendment that would require the introduction of retail electric choice

SJR 34 would require that at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2020, or at a special election to be called by the governor for that purpose, there shall be submitted to the qualified voters, for adoption or rejection, a proposed amendment to article I of the Constitution of the state of Missouri to provide for retail electric choice as follows

The proposed constitutional amendment would add a section to the Constitution providing that, "The people of the state of Missouri declare that it is the policy of this state that electricity markets be open and competitive so that all electricity customers are afforded meaningful choices among different providers, and that economic and regulatory burdens be minimized in order to promote competition and choices in the electric energy market. This section shall be liberally construed to achieve this purpose."

The proposed constitutional amendment would further add text to the Constitution providing that, "Every person, business, association of persons or businesses, state agency, political subdivision of the state of Missouri, or any other entity in Missouri has the right to choose the provider of its electric utility service, including, but not limited to, selecting providers from a competitive retail electric market, or by producing electricity for themselves or in association with others, and shall not be forced to purchase energy from one provider. Nothing in this section shall be construed as limiting such persons' or entities' right to sell, trade, or otherwise dispose of electricity."

The proposed constitutional amendment would further add text to the Constitution providing that, "The general assembly shall provide by law for provisions consistent with this section to establish an open, competitive retail electric energy market, to ensure that protections are established that entitle customers to safe, reliable, and competitively priced electricity, including, but not limited to, provisions that reduce costs to customers, protect against service disconnections and unfair practices, and prohibit the grant of monopolies and exclusive franchises for the generation of electricity. The general assembly need not provide for the deregulation of transmission or distribution of electricity in order to establish a competitive retail electric energy market consistent with this section. No law shall be passed by the general assembly that requires a municipally owned electric utility or a rural electric cooperative, as such terms may be defined by general law, to be part of a competitive retail electric energy market."

The resolution was introduced by Senator Doug Libla, Republican - District 25

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