Sen. Berger files bill in North Carolina Senate to modify carbon reduction and utility rate policies

A new bill filed by State Sen. Berger seeks to modify carbon reduction goals and rate recovery processes for electric utilities in North Carolina, according to the North Carolina State Senate.

The bill, filed as SB 261 on March 10 during the 2025 regular session, was formally listed with the short title: ‘Energy Security and Affordability Act.’

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill aims to modify carbon reduction targets and adjust rate recovery mechanisms for electric public utilities in North Carolina. It eliminates the interim date for achieving a 70% reduction in carbon dioxide emissions by 2030 and maintains the goal of achieving carbon neutrality by 2050. Additionally, the bill introduces an alternative cost recovery mechanism for construction works in progress at baseload electric generating facilities, allowing costs to be included in rate bases when they result in cost savings for customers. It mandates a review and adjustment of the carbon reduction plan every two years while maintaining grid adequacy. The bill becomes effective when it becomes law, applying to rate increase petitions filed thereafter.

Of the three sponsors of this bill, Lisa S. Barnes proposed the most bills (five) during the 2025 regular session.

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Berger graduated from Averett College with a BS and again in 1982 from Wake Forest University School of Law with a JD.

Berger, a Republican, was elected to the North Carolina State Senate in 2023 to represent the state’s 26th Senate district, replacing previous state senator Dave Craven.