I 

113TH CONGRESS 

2D SESSION H. R. 5796 

To give States the option of addressing emissions of greenhouse gases from 

existing stationary sources by pricing emissions. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 4, 2014 

Mr. DELANEY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To give States the option of addressing emissions of greenhouse gases from existing stationary sources by pricing 

emissions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘State’s Choice Act of 

5 2014’’. 

6 SEC. 2. STATE OPTION TO IMPOSE A CARBON TAX. 

7 (a) APPLICABILITY.—This section applies with re8 spect to any regulation to address climate change issued 

9 by the Administrator of the Environmental Protection 

10 Agency under section 111(d) of the Clean Air Act (42 


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1 U.S.C. 7411(d)) for emissions of any greenhouse gas from 

2 an existing stationary source. 

3 (b) STATE OPTION.— 

4 (1) OPTION.—Subject to paragraph (2), a regu5 lation described in subsection (a) shall allow a State 

6 the option to impose a carbon tax with respect to 

7 greenhouse gas emissions from an existing sta8 tionary source instead of, or in conjunction with, ap9 plying a standard of performance for such emissions 

10 from such existing stationary source. 

11 (2) REEVALUATION.—The Administrator of the 

12 Environmental Protection Agency shall— 

13 (A) in 2025, conduct an evaluation of any 

14 carbon tax imposed by a State pursuant to this 

15 subsection to determine whether such tax, to16 gether with any other relevant measures of the 

17 State, will, by the end of 2030, achieve the 

18 greenhouse gas reduction goals of the regula19 tions described in subsection (a) which the tax 

20 is intended to replace (in whole or in part); and 

21 (B) if the Administrator determines that 

22 the tax, together with any other relevant meas23 ures of the State, will not achieve such goals, 

24 require the State to increase the tax by the 


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1 amount determined necessary by the Adminis2 trator to achieve such goals. 

3 (3) LIMITATION.—The option described in 

4 paragraph (1) shall not be available to a State if the 

5 Administrator determines that— 

6 (A) such State is materially undermining 

7 the effectiveness of the carbon tax in decreasing 

8 greenhouse gas emissions through other policy 

9 changes; or 

10 (B) the Administrator has required the 

11 State to increase its tax, as described in para12 graph (2)(B), and the State has not complied 

13 with such requirement. 

14 (c) DEFINITIONS.—In this Act: 

15 (1) CARBON DIOXIDE EQUIVALENT.—The term 

16 ‘‘carbon dioxide equivalent’’ means, for each green17 house gas, the quantity of greenhouse gas that the 

18 Administrator of the Environmental Protection 

19 Agency determines makes the same contribution to 

20 global warming as 1 metric ton of carbon dioxide. 

21 (2) CARBON TAX.—The term ‘‘carbon tax’’ 

22 means an excise tax— 

23 (A)(i) on emissions of any greenhouse gas; 

24 or 


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1 (ii) on a fossil fuel based on emissions of 

2 any greenhouse gas that will result from the 

3 use of such fossil fuel; 

4 (B) that in 2015, is not less than $20 per 

5 metric ton of carbon dioxide equivalent; and 

6 (C) that in each subsequent year, increases 

7 by not less than 4 percent above inflation, as 

8 measured by the Consumer Price Index for all 

9 urban consumers (all items; United States city 

10 average). 

11 (3) EXISTING STATIONARY SOURCE.—The term 

12 ‘‘existing stationary source’’ has the meaning given 

13 to the term ‘‘existing source’’ in section 111(a)(6) of 

14 the Clean Air Act (42 U.S.C. 7411(a)(6)). 

15 (4) GREENHOUSE GAS.—The term ‘‘greenhouse 

16 gas’’ means any of the following: 

17 (A) Carbon dioxide. 

18 (B) Methane. 

19 (C) Nitrous oxide. 

20 (D) Sulfur hexafluoride. 

21 (E) Hydrofluorocarbons. 

22 (F) Perfluorocarbons. 

23 (5) STATIONARY SOURCE.—The term ‘‘sta24 tionary source’’ has the meaning given such term in 


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1 section 111(a)(3) of the Clean Air Act (42 U.S.C. 

2 7411(a)(3)). 

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