Fighting Against Imbalanced Regulatory Burdens Act of 2017

Fighting Against Imbalanced Regulatory Burdens Act of 2017

This bill amends the Clean Air Act to prohibit a regulation concerning emissions of carbon dioxide from a fossil fuel-fired electric generating unit from taking effect until the Environmental Protection Agency certifies that a sufficient number of countries have adopted climate change regulations for carbon dioxide that are at least as stringent.

A "sufficient number" is a number of countries that account for at least 80% of global carbon dioxide emissions in the last year, excluding those in the United States.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2438 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2438

 To amend the Clean Air Act to prohibit any regulation under such Act 
  concerning the emissions of carbon dioxide from a fossil fuel-fired 
electric generating unit from taking effect until the Administrator of 
 the Environmental Protection Agency makes certain certifications, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2017

Mr. Rothfus (for himself, Mr. LaMalfa, and Mr. McKinley) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Clean Air Act to prohibit any regulation under such Act 
  concerning the emissions of carbon dioxide from a fossil fuel-fired 
electric generating unit from taking effect until the Administrator of 
 the Environmental Protection Agency makes certain certifications, and 
                          for other purposes.

    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 ``Fighting Against Imbalanced 
Regulatory Burdens Act of 2017''.

SEC. 2. NO UNILATERAL REGULATION OF EMISSIONS OF CARBON DIOXIDE.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting 
after section 329 the following:

``SEC. 330. NO UNILATERAL REGULATION OF EMISSIONS OF CARBON DIOXIDE 
              FROM FOSSIL FUEL-FIRED ELECTRIC GENERATING UNITS.

    ``(a) Prohibition on Regulations Concerning Emissions of Carbon 
Dioxide From Fossil Fuel-Fired Electric Generating Units Taking 
Effect.--
            ``(1) Prohibition.--A regulation under this Act concerning 
        emissions of carbon dioxide from a fossil fuel-fired electric 
        generating unit to address climate change may not take effect 
        until the Administrator certifies that a sufficient number of 
        countries have put into effect regulations concerning emissions 
        of carbon dioxide which are at least as stringent as the 
        regulation under this Act.
            ``(2) Countries.--For the purposes of paragraph (1), the 
        term `sufficient number' means a sufficient number of countries 
        so that, in the aggregate, such countries account for not less 
        than 80 percent of the global carbon dioxide emissions, 
        excluding such emissions in the United States, in the calendar 
        year immediately preceding the year in which the regulation 
        under this Act would be enforced.
            ``(3) Stringency considerations.--For the purposes of 
        paragraph (1), a country's regulation concerning carbon dioxide 
        emissions may only be considered to be as stringent as the 
        regulation under this Act if such country's regulation limits 
        carbon dioxide emissions to a numeric standard that is equal to 
        or less than such a standard under the regulation under this 
        Act in a timeframe that is equal to or less than the timeframe 
        under the regulation under this Act.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed as providing the Administrator with any authority to 
promulgate any regulation concerning, take action relating to, or take 
into consideration the emissions of carbon dioxide.''.
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