S.Amdt. 3594

1. Adds SEC. __. RELIEF FOR ENERGY CONSUMERS at the end of the bill

   Adds a section

   In S. 2569 · Placed on Calendar Senate

   (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

   Inserted: SEC. __. RELIEF FOR ENERGY CONSUMERS.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.

   Inserted: (2) Covered energy-related rule.--The term "covered energy-related rule" means a rule of the Environmental Protection Agency that--

   Inserted: (A)(i) regulates any aspect of the production, supply, distribution, or use of energy; or

   Inserted: (ii) provides for the regulation described in clause (i) by States or other governmental entities; and

   Inserted: (B) is estimated by the Administrator or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000.

   Inserted: (3) Direct costs.--The term "direct costs" has the meaning given the term in chapter 8 of the document of the Environmental Protection Agency entitled "Guidelines for Preparing Economic Analyses" and dated December 17, 2010.

   Inserted: (4) Indirect costs.--The term "indirect costs" has the meaning given the term in chapter 8 of the document of the Environmental Protection Agency entitled "Guidelines for Preparing Economic Analyses" and dated December 17, 2010.

   Inserted: (5) Rule.--The term "rule" has the meaning given the term in section 551 of title 5, United States Code.

   Inserted: (6) Secretary.--The term "Secretary" means the Secretary of Energy.

   Inserted: (b) Prohibition Against Finalizing Certain Energy-related Rules That Will Cause Significant Adverse Effects to the Economy.--Notwithstanding any other provision of law, the Administrator shall not promulgate as final any covered energy-related rule if the Secretary determines under subsection (c)(4) that the covered energy-related rule will result in significant adverse effects to the economy.

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   Inserted: (c) Reports and Determinations Prior to Promulgating as Final Certain Energy-related Rules.--

   Inserted: (1) In general.--Before promulgating as final any covered energy-related rule, the Administrator shall carry out the activities described in paragraphs (3) and (4).

   Inserted: (2) Report to congress.--For each covered energy-related rule, the Administrator shall submit to Congress and Secretary a report containing--

   Inserted: (A) a copy of the covered energy-related rule;

   Inserted: (B) a concise general statement relating to the covered energy-related rule;

   Inserted: (C) an estimate of the total costs of the covered energy-related rule, including the direct costs and indirect costs of the covered energy-related rule;

   Inserted: (D) an estimate of--

   Inserted: (i) the total benefits of the covered energy-related rule; and

   Inserted: (ii) when those benefits are expected to be realized;

   Inserted: (E) a description of the modeling, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under subparagraph (D);

   Inserted: (F) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the covered energy-related rule; and

   Inserted: (G) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the covered energy-related rule.

   Inserted: (3) Initial determination on increases and impacts.--The Secretary, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the covered energy-related rule will cause--

   Inserted: (A) any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers;

   Inserted: (B) any impact on fuel diversity of the electricity generation portfolio of the United States or on national, regional, or local electric reliability;

   Inserted: (C) any adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the covered energy-related rule; or

   Inserted: (D) any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies).

   Inserted: (4) Subsequent determination on adverse effects to the economy.--If the Secretary determines, under paragraph (3), that the covered energy-related rule will result in an increase, impact, or effect described in that subsection, the Secretary, in consultation with the Administrator, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall--

   Inserted: (A) determine whether the covered energy-related rule will result in significant adverse effects to the economy, taking into consideration--

   Inserted: (i) the costs and benefits of the covered energy-related rule and limitations in calculating those costs and benefits due to uncertainty, speculation, or lack of information; and

   Inserted: (ii) the positive and negative impacts of the covered energy-related rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and

   Inserted: (B) publish the results of that determination in the Federal Register.

   Original wording

   At the end of the bill, add the following:

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As printed