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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4035 Introduced in House (IH)]

<DOC>

114th CONGRESS
  1st Session
                                H. R. 4035

     To protect consumers by prohibiting the Administrator of the 
  Environmental Protection Agency from promulgating as final certain 
energy-related rules that are estimated to cost more than $100,000,000 
       and will cause significant adverse effects to the economy.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2015

 Mr. Fleming introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
     To protect consumers by prohibiting the Administrator of the 
  Environmental Protection Agency from promulgating as final certain 
energy-related rules that are estimated to cost more than $100,000,000 
       and will cause significant adverse effects to the economy.

    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 ``Energy Consumers Relief Act of 
2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Direct costs.--The term ``direct costs'' has the 
        meaning given the term in chapter 8 of the report of the 
        Environmental Protection Agency entitled ``Guidelines for 
        Preparing Economic Analyses'' and dated December 17, 2010.
            (3) Energy-related rule that is estimated to cost more than 
        $100,000,000.--The term ``energy-related rule that is estimated 
        to cost more than $100,000,000'' means a rule of the 
        Environmental Protection Agency that--
                    (A) regulates any aspect of the production, supply, 
                distribution, or use of energy or provides for such 
                regulation by States or other governmental entities; 
                and
                    (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 $100,000,000.
            (4) Indirect costs.--The term ``indirect costs'' has the 
        meaning given the term in chapter 8 of the report of the 
        Environmental Protection Agency entitled ``Guidelines for 
        Preparing Economic Analyses'' and dated December 17, 2010.
            (5) Rule.--The term ``rule'' has the meaning given to the 
        term in section 551 of title 5, United States Code.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES 
              THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE 
              ECONOMY.

    Notwithstanding any other provision of law, the Administrator may 
not promulgate as final an energy-related rule that is estimated to 
cost more than $100,000,000 if the Secretary determines under section 
4(b)(3) that the rule will cause significant adverse effects to the 
economy.

SEC. 4. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL 
              CERTAIN ENERGY-RELATED RULES.

    (a) In General.--Before promulgating as final any energy-related 
rule that is estimated to cost more than $100,000,000, the 
Administrator shall carry out the requirements of subsection (b).
    (b) Requirements.--
            (1) Report to congress.--The Administrator shall submit to 
        Congress and the Secretary a report containing--
                    (A) a copy of the rule;
                    (B) a concise general statement relating to the 
                rule;
                    (C) an estimate of the total costs of the rule, 
                including the direct costs and indirect costs of the 
                rule;
                    (D)(i) an estimate of the total benefits of the 
                rule and when such benefits are expected to be 
                realized;
                    (ii) a description of the modeling, the 
                calculations, the assumptions, and the limitations due 
                to uncertainty, speculation, or lack of information 
                associated with the estimates under this subparagraph; 
                and
                    (iii) a certification that all data and documents 
                relied upon by the Environmental Protection Agency in 
                developing the estimates--
                            (I) have been preserved; and
                            (II) are available for review by the public 
                        on the Web site of the Environmental Protection 
                        Agency, except to the extent to which 
                        publication of the data and documents would 
                        constitute disclosure of confidential 
                        information in violation of applicable Federal 
                        law;
                    (E) 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 rule; and
                    (F) a detailed description of the employment 
                effects, including potential job losses and shifts in 
                employment, that may result from implementation or 
                enforcement of the rule.
            (2) 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 rule will cause any--
                    (A) increase in energy prices for consumers, 
                including low-income households, small businesses, and 
                manufacturers;
                    (B) impact on fuel diversity of the electricity 
                generation portfolio of the United States or on 
                national, regional, or local electric reliability;
                    (C) adverse effect on energy supply, distribution, 
                or use due to the economic or technical infeasibility 
                of implementing the rule; or
                    (D) other adverse effect on energy supply, 
                distribution, or use, including a shortfall in supply 
                and increased use of foreign supplies.
            (3) Subsequent determination on adverse effects to the 
        economy.--If the Secretary determines under paragraph (2) that 
        the rule will cause an increase, impact, or effect described in 
        that paragraph, the Secretary, in consultation with the 
        Administrator, the Secretary of Commerce, the Secretary of 
        Labor, and the Administrator of the Small Business 
        Administration, shall--
                    (A) determine whether the rule will cause 
                significant adverse effects to the economy, taking into 
                consideration--
                            (i) the costs and benefits of the rule and 
                        limitations in calculating the costs and 
                        benefits due to uncertainty, speculation, or 
                        lack of information; and
                            (ii) the positive and negative impacts of 
                        the rule on economic indicators, including 
                        those related to gross domestic product, 
                        unemployment, wages, consumer prices, and 
                        business and manufacturing activity; and
                    (B) publish the results of the determination made 
                under subparagraph (A) in the Federal Register.

SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.

    (a) Definition of Social Cost of Carbon.--In this section, the term 
``social cost of carbon'' means--
            (1) the social cost of carbon as described in the technical 
        support document entitled ``Technical Support Document: 
        Technical Update of the Social Cost of Carbon for Regulatory 
        Impact Analysis Under Executive Order 12866'', published by the 
        Interagency Working Group on Social Cost of Carbon, United 
        States Government, in May 2013 (or any successor or 
        substantially related document); or
            (2) any other estimate of the monetized damages associated 
        with an incremental increase in carbon dioxide emissions in a 
        given year.
    (b) Prohibition on Use of Social Cost of Carbon in Analysis.--
Notwithstanding any other provision of law or any Executive order, the 
Administrator may not use the social cost of carbon to incorporate 
social benefits of reducing carbon dioxide emissions, or for any other 
reason, in any cost-benefit analysis relating to an energy-related rule 
that is estimated to cost more than $100,000,000 unless a Federal law 
is enacted authorizing the use.
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