II
Calendar No. 569
114th CONGRESS
2d Session
H. R. 2042
IN THE SENATE OF THE UNITED STATES
June 25, 2015
Received
July 14, 2016
Read twice and placed on the calendar
AN ACT
To allow for judicial review of any final rule addressing carbon dioxide emissions from existing fossil fuel-fired electric utility generating units before requiring compliance with such rule, and to allow States to protect households and businesses from significant adverse effects on electricity ratepayers or reliability.
Short title
This Act may be cited as the Ratepayer Protection Act of 2015
.
Extending compliance dates of rules addressing carbon dioxide emissions from existing power plants pending judicial review
Extension of compliance dates
Extension
Each compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection (c).
Definition
In this subsection, the term compliance date—
means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply; and
includes the date by which State plans are required to be submitted to the Environmental Protection Agency under any such final rule.
Final rules described
A final rule described in this subsection is any final rule to address carbon dioxide emissions from existing sources that are fossil fuel-fired electric utility generating units under section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)), including any final rule that succeeds—
the proposed rule entitled Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units
published at 79 Fed. Reg. 34830 (June 18, 2014); or
the supplemental proposed rule entitled Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-Jurisdictional Partnerships
published at 79 Fed. Reg. 65482 (November 4, 2014).
Period described
The time period described in this subsection is the period of days that—
begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and
ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act (42 U.S.C. 7607))—
that are filed during the 60 days described in paragraph (1); and
that seek review of any aspect of such rule.
Sense of Congress
The Congress encourages the Administrator of the Environmental Protection Agency, in promulgating, implementing, or enforcing any final rule described in subsection (b), to specifically address how the megawatt hours discharged from a pumped hydroelectric storage system will be incorporated into State and Federal implementation plans adopted pursuant to any such final rule.
Ratepayer protection
Effects of plans
No State shall be required to adopt or submit a State plan, and no State or entity within a State shall become subject to a Federal plan, pursuant to any final rule described in section 2(b), if the Governor of such State makes a determination, and notifies the Administrator of the Environmental Protection Agency, that implementation of the State or Federal plan would—
have a significant adverse effect on the State’s residential, commercial, or industrial ratepayers, taking into account—
rate increases that would be necessary to implement, or are associated with, the State or Federal plan; and
other rate increases that have been or are anticipated to be necessary to implement, or are associated with, other Federal or State environmental requirements; or
have a significant adverse effect on the reliability of the State’s electricity system, taking into account the effects on the State’s—
existing and planned generation and retirements;
existing and planned transmission and distribution infrastructure; and
projected electricity demands.
Consultation
In making a determination under subsection (a), the Governor of a State shall consult with—
the public utility commission or public service commission of the State;
the environmental protection, public health, and economic development departments or agencies of the State; and
the Electric Reliability Organization (as defined in section 215 of the Federal Power Act (16 U.S.C. 824o)).
Treatment of hydropower as renewable energy
In issuing, implementing, and enforcing any final rule described in section 2(b), the Administrator of the Environmental Protection Agency shall treat hydropower as renewable energy.
Passed the House of Representatives June 24, 2015.
Karen L. Haas,
Clerk
July 14, 2016
Read twice and placed on the calendar