I 

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. 

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 ‘‘Ratepayer Protection 

5 Act of 2015’’. 


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1 SEC. 2. EXTENDING COMPLIANCE DATES OF RULES AD2 DRESSING CARBON DIOXIDE EMISSIONS 

3 FROM EXISTING POWER PLANTS PENDING 

4 JUDICIAL REVIEW. 

5 (a) EXTENSION OF COMPLIANCE DATES.— 

6 (1) EXTENSION.—Each compliance date of any 

7 final rule described in subsection (b) is deemed to be 

8 extended by the time period equal to the time period 

9 described in subsection (c). 

10 (2) DEFINITION.—In this subsection, the term 

11 ‘‘compliance date’’— 

12 (A) means, with respect to any require13 ment of a final rule described in subsection (b), 

14 the date by which any State, local, or tribal 

15 government or other person is first required to 

16 comply; and 

17 (B) includes the date by which State plans 

18 are required to be submitted to the Environ19 mental Protection Agency under any such final 

20 rule. 

21 (b) FINAL RULES DESCRIBED.—A final rule de22 scribed in this subsection is any final rule to address car23 bon dioxide emissions from existing sources that are fossil 

24 fuel-fired electric utility generating units under section 

25 111(d) of the Clean Air Act (42 U.S.C. 7411(d)), includ26 ing any final rule that succeeds— 


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1 (1) the proposed rule entitled ‘‘Carbon Pollu2 tion Emission Guidelines for Existing Stationary 

3 Sources: Electric Utility Generating Units’’ pub4 lished at 79 Fed. Reg. 34830 (June 18, 2014); or 

5 (2) the supplemental proposed rule entitled 

6 ‘‘Carbon Pollution Emission Guidelines for Existing 

7 Stationary Sources: EGUs in Indian Country and 

8 U.S. Territories; Multi-Jurisdictional Partnerships’’ 

9 published at 79 Fed. Reg. 65482 (November 4, 

10 2014). 

11 (c) PERIOD DESCRIBED.—The time period described 

12 in this subsection is the period of days that— 

13 (1) begins on the date that is 60 days after the 

14 day on which notice of promulgation of a final rule 

15 described in subsection (b) appears in the Federal 

16 Register; and 

17 (2) ends on the date on which judgment be18 comes final, and no longer subject to further appeal 

19 or review, in all actions (including actions that are 

20 filed pursuant to section 307 of the Clean Air Act 

21 (42 U.S.C. 7607))— 

22 (A) that are filed during the 60 days de23 scribed in paragraph (1); and 

24 (B) that seek review of any aspect of such 

25 rule. 


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1 SEC. 3. RATEPAYER PROTECTION. 

2 (a) EFFECTS OF PLANS.—No State shall be required 

3 to adopt or submit a State plan, and no State or entity 

4 within a State shall become subject to a Federal plan, pur5 suant to any final rule described in section 2(b), if the 

6 Governor of such State makes a determination, and noti7 fies the Administrator of the Environmental Protection 

8 Agency, that implementation of the State or Federal plan 

9 would— 

10 (1) have a significant adverse effect on the 

11 State’s residential, commercial, or industrial rate12 payers, taking into account— 

13 (A) rate increases that would be necessary 

14 to implement, or are associated with, the State 

15 or Federal plan; and 

16 (B) other rate increases that have been or 

17 are anticipated to be necessary to implement, or 

18 are associated with, other Federal or State en19 vironmental requirements; or 

20 (2) have a significant adverse effect on the reli21 ability of the State’s electricity system, taking into 

22 account the effects on the State’s— 

23 (A) existing and planned generation and 

24 retirements; 

25 (B) existing and planned transmission and 

26 distribution infrastructure; and 


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1 (C) projected electricity demands. 

2 (b) CONSULTATION.—In making a determination 

3 under subsection (a), the Governor of a State shall consult 

4 with— 

5 (1) the public utility commission or public serv6 ice commission of the State; 

7 (2) the environmental protection, public health, 

8 and economic development departments or agencies 

9 of the State; and 

10 (3) the Electric Reliability Organization (as de11 fined in section 215 of the Federal Power Act (16 

12 U.S.C. 824o)). 

Æ 


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