Infrastructure resilience charge rules for utility customers

(a) The infrastructure resilience charge created pursuant to a financing order approved pursuant to section 269G-2 shall be a nonbypassable charge of a financing entity that shall be applied to the repayment of bonds and related financing costs as described in this chapter. The infrastructure resilience charge and any associated fixed recovery tax amounts may be a usage-based charge, a flat user charge, or a charge based upon customer revenues as determined by the commission for each consumer class in any financing order. (b) As long as any bonds are outstanding and any financing costs have not been paid in full, any infrastructure resilience charge and any associated fixed recovery tax amounts authorized under a financing order shall be nonbypassable. Subject to any exceptions provided in a financing order, an infrastructure resilience charge and any associated fixed recovery tax amounts shall be paid by all existing and future consumers within the utility service territory. (c) The infrastructure resilience charge shall be collected by an electric utility or its successors, in accordance with section 269G-8(a), in full through a charge that is separate and apart from the electric utility's rates. The infrastructure resilience charge shall be collected by the public utilities or their successors as collection agents for the applicable financing entity, and such amounts shall be held in trust until transferred to the applicable financing entity. (d) An electric utility may exercise the same rights and remedies under its tariff and applicable law and regulation based on a consumer's nonpayment of the infrastructure resilience charge as it could for a consumer's failure to pay any other charge payable to that electric utility.