I 

113TH CONGRESS 

2D SESSION H. R. 4850 

To amend the Clean Air Act to prohibit the regulation of emissions of 

carbon dioxide from new or existing power plants under certain circumstances. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2014 

Mr. DAINES (for himself and Mr. JOHNSON of Ohio) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to prohibit the regulation of 

emissions of carbon dioxide from new or existing power 

plants under certain circumstances. 

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 ‘‘Coal Jobs and Afford5 able Energy Protection Act of 2014’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) America has enough coal to last for 200 

9 years. Today this abundant, low-cost, and reliable 

10 resource generates approximately 40 percent of the 


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1 Nation’s electricity—more than any other energy 

2 source. But new estimates show that because of 

3 looming regulatory restrictions, a large number of 

4 America’s coal-fired plants would be forced to close 

5 over the next 6 years, weakening the reliability of 

6 the power grid, increasing the price of energy, and 

7 depriving consumers of enough generating capacity 

8 to supply electricity to as many as 50 million homes. 

9 (2) Consumers should not be forced to pay for 

10 unproven technology. The Environmental Protection 

11 Agency’s performance standards for new coal-fired 

12 power plants rely on ‘‘carbon capture and storage’’ 

13 technology that is not only unproven, but also pro14 hibitively expensive. One Department of Energy offi15 cial recently told Congress that implementing this 

16 technology could increase the wholesale price of elec17 tricity by as much as 80 percent. 

18 (3) Higher energy prices hit the poor harder. 

19 Policies that increase the price of electricity tax 

20 those who can least afford it—elderly Americans on 

21 fixed incomes and low-income families. Households 

22 with annual incomes at $50,000 or less already 

23 spend more of their budgets on energy than on food. 

24 Policies that hike the price of electricity will harm 

25 most those already on tight budgets. 


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1 (4) More expensive electricity hurts American 

2 industry. Policies that produce higher and more 

3 volatile electricity costs harm many of America’s 

4 basic industries, damaging their ability to control 

5 costs, generate profits, and compete in global mar6 kets. For the United States steel industry, for exam7 ple, a 1 cent increase in the price of electricity adds 

8 $450 million in additional expense—money that 

9 won’t be used to improve operations and increase 

10 employment. 

11 (5) Coal-fired power plants today are cleaner 

12 and more efficient than ever before. The coal plants 

13 of the 21st century emit 40 percent less carbon diox14 ide than the average 20th century coal plant, and 

15 the technology is constantly improving. Policies that 

16 shut down generating capacity and raise prices— 

17 rather than nurture the development of additional 

18 coal technologies—will only harm all of the Nation’s 

19 energy users, families, and businesses alike. 

20 SEC. 3. REGULATION OF EMISSIONS OF CARBON DIOXIDE 

21 FROM NEW OR EXISTING POWER PLANTS. 

22 (a) LIMITATION ON REGULATION.—The Clean Air 

23 Act is amended by inserting after section 312 (42 U.S.C. 

24 7612) the following: 


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1 ‘‘SEC. 313. LIMITATION ON REGULATION OF EMISSIONS OF 

2 CARBON DIOXIDE FROM NEW OR EXISTING 

3 POWER PLANTS. 

4 ‘‘(a) DEFINITION OF NEW OR EXISTING POWER

5 PLANT.—In this section, the term ‘new or existing power 

6 plant’ means a fossil fuel-fired power plant that com7 mences operation at any time. 

8 ‘‘(b) LIMITATION.—Notwithstanding any other provi9 sion of law (including regulations), the Administrator may 

10 not promulgate any regulation or guidance that limits or 

11 prohibits any new carbon dioxide emissions from a new 

12 or existing power plant, and no such regulation or guid13 ance shall have any force or effect, until the date on 

14 which— 

15 ‘‘(1) the Secretary of Labor certifies to the Ad16 ministrator that the regulation or guidance will not 

17 generate any loss of employment; 

18 ‘‘(2) the Director of the Congressional Budget 

19 Office certifies to the Administrator that the regula20 tion or guidance will not result in any loss in the 

21 gross domestic product of the United States; 

22 ‘‘(3) the Administrator of the Energy Informa23 tion Administration certifies to the Administrator 

24 that the regulation or guidance will not generate any 

25 increase in electricity rates in the United States; and 


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1 ‘‘(4) the Chairperson of the Federal Energy 

2 Regulatory Commission and the President of the 

3 North American Electric Reliability Corporation cer4 tify to the Administrator the reliability of electricity 

5 delivery under the regulation or guidance.’’. 

6 (b) TECHNICAL CORRECTION.—The Clean Air Act is 

7 amended by redesignating the second section 317 (42 

8 U.S.C. 7617) (relating to economic impact assessment) as 

9 section 318. 

Æ 


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