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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2042 Placed on Calendar Senate (PCS)]

<DOC>

                                                       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.

    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 ``Ratepayer Protection Act of 2015''.

SEC. 2. EXTENDING COMPLIANCE DATES OF RULES ADDRESSING CARBON DIOXIDE 
              EMISSIONS FROM EXISTING POWER PLANTS PENDING JUDICIAL 
              REVIEW.

    (a) Extension of Compliance Dates.--
            (1) Extension.--Each compliance date of any final rule 
        described in subsection (b) is deemed to be extended by the 
        time period equal to the time period described in subsection 
        (c).
            (2) Definition.--In this subsection, the term ``compliance 
        date''--
                    (A) means, with respect to any requirement of a 
                final rule described in subsection (b), the date by 
                which any State, local, or tribal government or other 
                person is first required to comply; and
                    (B) includes the date by which State plans are 
                required to be submitted to the Environmental 
                Protection Agency under any such final rule.
    (b) Final Rules Described.--A final rule described in this 
subsection is any final rule to address carbon dioxide emissions from 
existing sources that are fossil fuel-fired electric utility generating 
units under section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)), 
including any final rule that succeeds--
            (1) the proposed rule entitled ``Carbon Pollution Emission 
        Guidelines for Existing Stationary Sources: Electric Utility 
        Generating Units'' published at 79 Fed. Reg. 34830 (June 18, 
        2014); or
            (2) the supplemental proposed rule entitled ``Carbon 
        Pollution Emission Guidelines for Existing Stationary Sources: 
        EGUs in Indian Country and U.S. Territories; Multi-
        Jurisdictional Partnerships'' published at 79 Fed. Reg. 65482 
        (November 4, 2014).
    (c) Period Described.--The time period described in this subsection 
is the period of days that--
            (1) begins on the date that is 60 days after the day on 
        which notice of promulgation of a final rule described in 
        subsection (b) appears in the Federal Register; and
            (2) ends on the date on which judgment becomes final, and 
        no longer subject to further appeal or review, in all actions 
        (including actions that are filed pursuant to section 307 of 
        the Clean Air Act (42 U.S.C. 7607))--
                    (A) that are filed during the 60 days described in 
                paragraph (1); and
                    (B) that seek review of any aspect of such rule.
    (d) Sense of Congress.--The Congress encourages the Administrator 
of the Environmental Protection Agency, in promulgating, implementing, 
or enforcing any final rule described in subsection (b), to 
specifically address how the megawatt hours discharged from a pumped 
hydroelectric storage system will be incorporated into State and 
Federal implementation plans adopted pursuant to any such final rule.

SEC. 3. RATEPAYER PROTECTION.

    (a) Effects of Plans.--No State shall be required to adopt or 
submit a State plan, and no State or entity within a State shall become 
subject to a Federal plan, pursuant to any final rule described in 
section 2(b), if the Governor of such State makes a determination, and 
notifies the Administrator of the Environmental Protection Agency, that 
implementation of the State or Federal plan would--
            (1) have a significant adverse effect on the State's 
        residential, commercial, or industrial ratepayers, taking into 
        account--
                    (A) rate increases that would be necessary to 
                implement, or are associated with, the State or Federal 
                plan; and
                    (B) other rate increases that have been or are 
                anticipated to be necessary to implement, or are 
                associated with, other Federal or State environmental 
                requirements; or
            (2) have a significant adverse effect on the reliability of 
        the State's electricity system, taking into account the effects 
        on the State's--
                    (A) existing and planned generation and 
                retirements;
                    (B) existing and planned transmission and 
                distribution infrastructure; and
                    (C) projected electricity demands.
    (b) Consultation.--In making a determination under subsection (a), 
the Governor of a State shall consult with--
            (1) the public utility commission or public service 
        commission of the State;
            (2) the environmental protection, public health, and 
        economic development departments or agencies of the State; and
            (3) the Electric Reliability Organization (as defined in 
        section 215 of the Federal Power Act (16 U.S.C. 824o)).

SEC. 4. TREATMENT OF HYDROPOWER AS RENEWABLE ENERGY.

    In issuing, implementing, and enforcing any final rule described in 
section 2(b), the Administrator of the Environmental Protection Agency 
shall treat hydropower as renewable energy.

            Passed the House of Representatives June 24, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 569

114th CONGRESS

  2d Session

                               H. R. 2042

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 14, 2016

                 Read twice and placed on the calendar
```