HR 2042 PCS
SEC. 2. EXTENDING COMPLIANCE DATES OF RULES AD-
DRESSING 
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 require-
ment 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 Environ-
mental Protection Agency under any such final 
rule. 
(b) FINAL RULES DESCRIBED.—A final rule de-
scribed in this subsection is any final rule to address car-
bon 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)), includ-
ing any final rule that succeeds— 
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(1) the proposed rule entitled ‘‘Carbon Pollu-
tion Emission Guidelines for Existing Stationary 
Sources: Electric Utility Generating Units’’ pub-
lished 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 be-
comes 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 de-
scribed in paragraph (1); and 
(B) that seek review of any aspect of such 
rule. 
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(d) SENSE OF CONGRESS.—The Congress encourages 
the Administrator of the Environmental Protection Agen-
cy, in promulgating, implementing, or enforcing any final 
rule described in subsection (b), to specifically address 
how the megawatt hours discharged from a pumped hy-
droelectric 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, pur-
suant to any final rule described in section 2(b), if the 
Governor of such State makes a determination, and noti-
fies 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 rate-
payers, 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 
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are associated with, other Federal or State en-
vironmental requirements; or 
(2) have a significant adverse effect on the reli-
ability 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 serv-
ice 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 de-
fined in section 215 of the Federal Power Act (16 
U.S.C. 824o)). 
SEC. 4. TREATMENT OF HYDROPOWER AS RENEWABLE EN-
ERGY. 
In issuing, implementing, and enforcing any final rule 
described in section 2(b), the Administrator of the Envi-
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ronmental Protection Agency shall treat hydropower as re-
newable energy. 
Passed the House of Representatives June 24, 2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 569 
114TH CONGRESS 
2D SESSION 
H. R. 2042 
AN ACT 
To allow for judicial review of any final rule ad-
dressing 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 busi-
nesses from significant adverse effects on elec-
tricity ratepayers or reliability. 
JULY 14, 2016 
Read twice and placed on the calendar 
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