II 

114TH CONGRESS 

1ST SESSION H. R. 2042 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2015 

Received 

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. 


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HR 2042 RDS

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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HR 2042 RDS

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 (d) SENSE OF CONGRESS.—The Congress encourages 

8 the Administrator of the Environmental Protection Agen9 cy, in promulgating, implementing, or enforcing any final 

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

11 how the megawatt hours discharged from a pumped hy12 droelectric storage system will be incorporated into State 

13 and Federal implementation plans adopted pursuant to 

14 any such final rule. 

15 SEC. 3. RATEPAYER PROTECTION. 

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

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

18 within a State shall become subject to a Federal plan, pur19 suant to any final rule described in section 2(b), if the 

20 Governor of such State makes a determination, and noti21 fies the Administrator of the Environmental Protection 

22 Agency, that implementation of the State or Federal plan 

23 would— 


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HR 2042 RDS

1 (1) have a significant adverse effect on the 

2 State’s residential, commercial, or industrial rate3 payers, taking into account— 

4 (A) rate increases that would be necessary 

5 to implement, or are associated with, the State 

6 or Federal plan; and 

7 (B) other rate increases that have been or 

8 are anticipated to be necessary to implement, or 

9 are associated with, other Federal or State en10 vironmental requirements; or 

11 (2) have a significant adverse effect on the reli12 ability of the State’s electricity system, taking into 

13 account the effects on the State’s— 

14 (A) existing and planned generation and 

15 retirements; 

16 (B) existing and planned transmission and 

17 distribution infrastructure; and 

18 (C) projected electricity demands. 

19 (b) CONSULTATION.—In making a determination 

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

21 with— 

22 (1) the public utility commission or public serv23 ice commission of the State; 


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1 (2) the environmental protection, public health, 

2 and economic development departments or agencies 

3 of the State; and 

4 (3) the Electric Reliability Organization (as de5 fined in section 215 of the Federal Power Act (16 

6 U.S.C. 824o)). 

7 SEC. 4. TREATMENT OF HYDROPOWER AS RENEWABLE EN8 ERGY. 

9 In issuing, implementing, and enforcing any final rule 

10 described in section 2(b), the Administrator of the Envi11 ronmental Protection Agency shall treat hydropower as re12 newable energy. 

Passed the House of Representatives June 24, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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