II 

Calendar No. 569 

114TH CONGRESS 

2D SESSION H. R. 2042 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2015 

Received 

JULY 14, 2016 

Read twice and placed on the calendar 

AN ACT 

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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HR 2042 PCS

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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HR 2042 PCS

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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HR 2042 PCS

1 (d) SENSE OF CONGRESS.—The Congress encourages 

2 the Administrator of the Environmental Protection Agen3 cy, in promulgating, implementing, or enforcing any final 

4 rule described in subsection (b), to specifically address 

5 how the megawatt hours discharged from a pumped hy6 droelectric storage system will be incorporated into State 

7 and Federal implementation plans adopted pursuant to 

8 any such final rule. 

9 SEC. 3. RATEPAYER PROTECTION. 

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

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

12 within a State shall become subject to a Federal plan, pur13 suant to any final rule described in section 2(b), if the 

14 Governor of such State makes a determination, and noti15 fies the Administrator of the Environmental Protection 

16 Agency, that implementation of the State or Federal plan 

17 would— 

18 (1) have a significant adverse effect on the 

19 State’s residential, commercial, or industrial rate20 payers, taking into account— 

21 (A) rate increases that would be necessary 

22 to implement, or are associated with, the State 

23 or Federal plan; and 

24 (B) other rate increases that have been or 

25 are anticipated to be necessary to implement, or 


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HR 2042 PCS

1 are associated with, other Federal or State en2 vironmental requirements; or 

3 (2) have a significant adverse effect on the reli4 ability of the State’s electricity system, taking into 

5 account the effects on the State’s— 

6 (A) existing and planned generation and 

7 retirements; 

8 (B) existing and planned transmission and 

9 distribution infrastructure; and 

10 (C) projected electricity demands. 

11 (b) CONSULTATION.—In making a determination 

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

13 with— 

14 (1) the public utility commission or public serv15 ice commission of the State; 

16 (2) the environmental protection, public health, 

17 and economic development departments or agencies 

18 of the State; and 

19 (3) the Electric Reliability Organization (as de20 fined in section 215 of the Federal Power Act (16 

21 U.S.C. 824o)). 

22 SEC. 4. TREATMENT OF HYDROPOWER AS RENEWABLE EN23 ERGY. 

24 In issuing, implementing, and enforcing any final rule 

25 described in section 2(b), the Administrator of the EnviVerDate Sep 11 2014 02:18 Jul 15, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2042.PCS H2042

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HR 2042 PCS

1 ronmental Protection Agency shall treat hydropower as re2 newable energy. 

Passed the House of Representatives June 24, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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emcdonald on DSK9F6TC42PROD with BILLS
Calendar No. 569 

114TH CONGRESS 

2D SESSION H. R. 2042 

AN ACT 

To allow for judicial review of any final rule adtricity ratepayers or reliability. nesses from significant adverse effects on elec- to allow States to protect households and busi- before requiring compliance with such rule, and fossil fuel-fired electric utility generating units dressing carbon dioxide emissions from existing 

JULY 14, 2016 

Read twice and placed on the calendar 


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