Sec. 4. (a) As used in this chapter, "federally mandated costs" means costs that an energy utility has incurred, or estimates that it will incur, in connection with a compliance project, including capital, operating, maintenance, depreciation, tax, or financing costs, or costs that are directly related to the preparation and conduct of a regulatory proceeding.
(b) The term includes costs related to a compliance project and incurred by an energy utility before the date of:
(1) the energy utility's application to the commission under section 7 of this chapter; or
(2) an order of the commission under section 7 of this chapter with respect to the application;
if the commission finds the costs are just and reasonable.
(c) The term does not include fines or penalties assessed against or imposed on an energy utility for violating laws, regulations, or consent decrees related to a federally mandated requirement.