I

107TH CONGRESS

1ST SESSION H. R. 1874

To allow any business or individual in any State experiencing a power emergency to operate any type of power generation available to ensure their

economic stability, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 2001

Mr. HUNTER (for himself, Mr. ROYCE, Mr. CUNNINGHAM, Mr. DOOLITTLE,

Mr. HERGER, Mr. OSE, Mr. POMBO, Mr. RADANOVICH, Mr. GALLEGLY,

Mr. MCKEON, Mr. DREIER, Mr. HORN, Mr. LEWIS of California, Mr.

GARY G. MILLER of California, Mr. CALVERT, Mrs. BONO, Mr. ROHRABACHER, Mr. COX, and Mr. ISSA) introduced the following bill; which

was referred to the Committee on Energy and Commerce

A BILL

To allow any business or individual in any State experiencing

a power emergency to operate any type of power generation available to ensure their economic stability, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EMERGENCY GENERATION.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Governor of a State may authorize any

6 business or individual in any State experiencing a power
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1 emergency declared by the Governor to operate, at any

2 time during that emergency (but not for more than 6 con3 secutive months), any type of power generation available,

4 using any type of fuel available, to ensure the economic

5 stability of such business or individual. Following the expi6 ration of any authorization under this section, the Gov7 ernor may issue one or more subsequent authorizations

8 in accordance with this section.

9 (b) EFFECT ON AIR QUALITY.—No additional emis10 sions attributable to electric power generation permitted

11 solely by reason of an authorization under subsection (a)

12 shall be taken into account for purposes of determining

13 under Part D of title I of the Clean Air Act the attainment

14 or nonattainment status of any area or for purposes of

15 determining the nonattainment classification or attain16 ment date of any such area under such Part D. Notwith17 standing any such additional emissions, the Administrator

18 of the Environmental Protection Agency shall not dis19 approve the State implementation plan under the Clean

20 Air Act, or promulgate a plan or plan provisions under

21 section 110(c) of that Act, for that State if the applicable

22 implementation plan under such Act for that State would

23 not have been disapproved, and no such plan or plan provi24 sions would have been promulgated by the Administrator,

25 in the absence of such additional emissions.
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1 (c) STAY OR INJUNCTIONS PROHIBITED.—No stay or

2 injunction may be issued by any court under section 304

3 of the Clean Air Act against the Administrator of the En4 vironmental Protection Agency or the State of California

5 regarding any additional emissions attributable to electric

6 power generation permitted solely by reason of an author7 ization under subsection (a).

8 (d) DEFINITION.—For purposes of this Act, the term

9 ‘‘State declared power emergency’’ means, for any State,

10 that an appropriate State agency has determined that the

11 available supply of electricity in the State is not more than

12 107 percent of the projected electric demand.

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