Ratepayer Protection Act of 2015
(Sec. 2) This bill extends compliance deadlines for rules under the Clean Air Act that address carbon dioxide emissions from existing fossil fuel-fired power plants pending final judicial review. This extension applies to any final rule that succeeds either:
The extension period begins 60 days after the notice of promulgation of a final rule appears in the Federal Register and ends when the rule is no longer subject to judicial appeal or review.
The bill urges the Environmental Protection Agency (EPA), in promulgating, implementing, or enforcing the rules, to address how the megawatt hours discharged from a pumped hydroelectric storage system will be incorporated into implementation plans adopted pursuant to the rules.
(Sec. 3) A state is not required to submit or follow an implementation plan that addresses carbon dioxide emissions from existing power plants if it determines that the plan would have a significant adverse effect on: (1) the state's residential, commercial, or industrial ratepayers; or (2) the reliability of the state's electricity system.
(Sec. 4) The EPA must treat hydropower as renewable energy when implementing or enforcing the rules.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2042 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2042
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2015
Mr. Whitfield (for himself, Mr. Griffith, Mr. Bishop of Georgia, and
Mr. Peterson) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ratepayer Protection Act of 2015''.
SEC. 2. EXTENDING COMPLIANCE DATES OF RULES ADDRESSING CARBON DIOXIDE
EMISSIONS FROM EXISTING POWER PLANTS PENDING JUDICIAL
REVIEW.
(a) Extension of Compliance Dates.--
(1) 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).
(2) Definition.--In this subsection, the term ``compliance
date''--
(A) 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
(B) includes the date by which State plans are
required to be submitted to the Environmental
Protection Agency under any such final rule.
(b) 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--
(1) 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
(2) 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).
(c) Period Described.--The time period described in this subsection
is the period of days that--
(1) 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
(2) 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))--
(A) that are filed during the 60 days described in
paragraph (1); and
(B) that seek review of any aspect of such rule.
SEC. 3. RATEPAYER PROTECTION.
(a) 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--
(1) have a significant adverse effect on the State's
residential, commercial, or industrial ratepayers, taking into
account--
(A) rate increases that would be necessary to
implement, or are associated with, the State or Federal
plan; and
(B) 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
(2) have a significant adverse effect on the reliability of
the State's electricity system, taking into account the effects
on the State's--
(A) existing and planned generation and
retirements;
(B) existing and planned transmission and
distribution infrastructure; and
(C) projected electricity demands.
(b) Consultation.--In making a determination under subsection (a),
the Governor of a State shall consult with--
(1) the public utility commission or public service
commission of the State;
(2) the environmental protection, public health, and
economic development departments or agencies of the State; and
(3) the Electric Reliability Organization (as defined in
section 215 of the Federal Power Act (16 U.S.C. 824o)).
<all>
Considered under the provisions of rule H. Res. 333. (consideration: CR H4617-4633; text of amendment in the nature of a substitute CR H4624-4625)
Resolution provides for a modified open rule for H.R. 2822; a structured rule for H.R. 2042; and provides for proceedings of the House during the period from June 26, 2015, through July 6, 2015.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 333 and Rule XVIII.
The Speaker designated the Honorable John J. Duncan, Jr. to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2042.
DEBATE - Pursuant to the provisions of H.Res. 333, the Committee of the Whole proceeded with 10 minutes of debate on the Pallone amendment No. 1.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Pallone amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 333, the Committee of the Whole proceeded with 10 minutes of debate on the Rush amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Rush amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
DEBATE - Pursuant to the provisions of H. Res. 333, the Committee of the Whole proceeded with 10 minutes of debate on the Huizenga amendment No. 3.
DEBATE - Pursuant to the provisions of H. Res. 333, the Committee of the Whole proceeded with 10 minutes of debate on the McNerney amendment No. 4.
POSTPONED PROCEEDINGS - At the conclusion of debate on the McNerney amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. McNerney demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 333, the Committee of the Whole proceeded with 10 minutes of debate on the Newhouse amendment No. 5.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2042.
The previous question was ordered pursuant to the rule. (consideration: CR H4632)
Passed/agreed to in House: On passage Passed by recorded vote: 247 - 180 (Roll no. 384).
Roll Call #384 (House)On passage Passed by recorded vote: 247 - 180 (Roll no. 384).
Roll Call #384 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 569.