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Union Calendar No. 126 

114TH CONGRESS 

1ST SESSION H. R. 2042 

[Report No. 114–171] 

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 

JUNE 19, 2015 

Additional sponsors: Ms. SEWELL of Alabama, Mr. LATTA, Mr. MCKINLEY, 

Mr. GUTHRIE, Mr. SESSIONS, Mrs. ELLMERS of North Carolina, Mr. 

DUNCAN of Tennessee, Mr. STIVERS, Mr. MULLIN, Mr. CRAMER, Mr. 

BARR, Mr. GIBBS, Mr. MURPHY of Pennsylvania, Mr. JONES, Mr. 

BROOKS of Alabama, Mr. BYRNE, Mr. ROGERS of Alabama, Mr. KELLY

of Pennsylvania, Mr. DESANTIS, Mr. BOST, Mr. CRAWFORD, Mrs. 

HARTZLER, Mr. COLLINS of New York, Mr. ROUZER, Mr. FORBES, Mr. 

JENKINS of West Virginia, Mrs. BLACK, Mr. LONG, Mrs. LUMMIS, Mr. 

DESJARLAIS, Mrs. WAGNER, Mr. STEWART, Mr. HARPER, Mr. WOMACK, 

Mr. ROE of Tennessee, Mr. FLORES, Mr. JOHNSON of Ohio, Mr. KLINE, 

Ms. JENKINS of Kansas, Mr. PALAZZO, Mr. HUDSON, Mr. BABIN, Mr. 

ABRAHAM, Mr. TIPTON, Mr. ZINKE, Mr. SENSENBRENNER, Mr. 

BRIDENSTINE, Mr. MCCAUL, Mr. BILIRAKIS, Mr. RIBBLE, Mrs. BROOKS

of Indiana, Mrs. ROBY, Mr. BARTON, Mr. SHUSTER, Mr. JOLLY, Mr. 

ASHFORD, Mr. LUETKEMEYER, Mr. CARTER of Georgia, Mr. SMITH of 

Texas, Mr. CRENSHAW, Mr. LAMBORN, Mrs. LOVE, Mr. LOUDERMILK, 

and Ms. MCSALLY


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JUNE 19, 2015 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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. 


srobinson on DSK5SPTVN1PROD with BILLS
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•HR 2042 RH

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’’. 

6 SEC. 2. EXTENDING COMPLIANCE DATES OF RULES AD7 DRESSING CARBON DIOXIDE EMISSIONS 

8 FROM EXISTING POWER PLANTS PENDING 

9 JUDICIAL REVIEW. 

10 (a) EXTENSION OF COMPLIANCE DATES.— 

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

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

13 extended by the time period equal to the time period 

14 described in subsection (c). 

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

16 ‘‘compliance date’’— 

17 (A) means, with respect to any require18 ment of a final rule described in subsection (b), 

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

20 government or other person is first required to 

21 comply; and 

22 (B) includes the date by which State plans 

23 are required to be submitted to the Environ24 mental Protection Agency under any such final 

25 rule. 


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1 (b) FINAL RULES DESCRIBED.—A final rule de2 scribed in this subsection is any final rule to address car3 bon dioxide emissions from existing sources that are fossil 

4 fuel-fired electric utility generating units under section 

5 111(d) of the Clean Air Act (42 U.S.C. 7411(d)), includ6 ing any final rule that succeeds— 

7 (1) the proposed rule entitled ‘‘Carbon Pollu8 tion Emission Guidelines for Existing Stationary 

9 Sources: Electric Utility Generating Units’’ pub10 lished at 79 Fed. Reg. 34830 (June 18, 2014); or 

11 (2) the supplemental proposed rule entitled 

12 ‘‘Carbon Pollution Emission Guidelines for Existing 

13 Stationary Sources: EGUs in Indian Country and 

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

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

16 2014). 

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

18 in this subsection is the period of days that— 

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

20 day on which notice of promulgation of a final rule 

21 described in subsection (b) appears in the Federal 

22 Register; and 

23 (2) ends on the date on which judgment be24 comes final, and no longer subject to further appeal 

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


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1 filed pursuant to section 307 of the Clean Air Act 

2 (42 U.S.C. 7607))— 

3 (A) that are filed during the 60 days de4 scribed in paragraph (1); and 

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

6 rule. 

7 SEC. 3. RATEPAYER PROTECTION. 

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

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

10 within a State shall become subject to a Federal plan, pur11 suant to any final rule described in section 2(b), if the 

12 Governor of such State makes a determination, and noti13 fies the Administrator of the Environmental Protection 

14 Agency, that implementation of the State or Federal plan 

15 would— 

16 (1) have a significant adverse effect on the 

17 State’s residential, commercial, or industrial rate18 payers, taking into account— 

19 (A) rate increases that would be necessary 

20 to implement, or are associated with, the State 

21 or Federal plan; and 

22 (B) other rate increases that have been or 

23 are anticipated to be necessary to implement, or 

24 are associated with, other Federal or State en25 vironmental requirements; or 


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1 (2) have a significant adverse effect on the reli2 ability of the State’s electricity system, taking into 

3 account the effects on the State’s— 

4 (A) existing and planned generation and 

5 retirements; 

6 (B) existing and planned transmission and 

7 distribution infrastructure; and 

8 (C) projected electricity demands. 

9 (b) CONSULTATION.—In making a determination 

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

11 with— 

12 (1) the public utility commission or public serv13 ice commission of the State; 

14 (2) the environmental protection, public health, 

15 and economic development departments or agencies 

16 of the State; and 

17 (3) the Electric Reliability Organization (as de18 fined in section 215 of the Federal Power Act (16 

19 U.S.C. 824o)). 


srobinson on DSK5SPTVN1PROD with BILLS

srobinson on DSK5SPTVN1PROD with BILLS
Union Calendar No. 126 

114TH CONGRESS 

1ST SESSION H. R. 2042 

[Report No. 114–171] 

A BILL 

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 

JUNE 19, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSK5SPTVN1PROD with BILLS