I
107TH CONGRESS
2D SESSION
H. R. 5038
To prohibit the importation of electricity into the United States from Mexico
if produced in electric energy generation units near the United States
border that do not comply with air quality control requirements that
provide air quality protection that is at least equivalent to the protection
provided by the requirements applicable to the United States.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. FILNER introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To prohibit the importation of electricity into the United
States from Mexico if produced in electric energy genera-
tion units near the United States border that do not
comply with air quality control requirements that provide
air quality protection that is at least equivalent to the
protection provided by the requirements applicable to
the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Air Basin Clean or
ABC Act of 2002’’.
SEC. 2. FINDINGS.
The Congress finds that:
(1) limiting the supply of natural gas from the
United States to power plants south of the U.S.-
Mexico border that are out of compliance with air
quality control requirements applicable in the United
States is a questionable endeavor according to a re-
cent environmental document;
(2) the Federal Energy Regulatory Commission
Environmental Impact Statement on a natural gas
pipeline concludes that ‘‘without an adequate supply
of natural gas, all [Mexican border] power plants
would need to be fueled by another energy source,
most likely diesel fuel, with substantial greater air
quality impacts’’;
(3) border counties often are severely impacted
by air pollution and are out of attainment with na-
tional and state air pollution standards, and new air
pollution introduced into the border air basin would
have serious consequences to the health of the coun-
ties’ citizens.
SEC. 3. PROHIBITION ON IMPORTATION OF CERTAIN ELEC-
TRICITY FROM MEXICO.
(a) PROHIBITION.—No person may import electricity
from Mexico that is produced at any electric energy gen-
eration unit that—
(1) has a generation capacity greater than 50
megawatts;
(2) is located within 50 miles of the United
States;
(3) is first placed into operation, or is modified
to have the capability to use natural gas, after De-
cember 31, 2001; and
(4) does not comply with air quality control re-
quirements that the Secretary of Commerce, in con-
sultation with the Administrator of the Environ-
mental Protection Agency, determines provide air
quality protection that is at least equivalent to the
protection provided by the air pollution emission rate
requirements applicable in the air quality control re-
gion in the United States that is closest to that unit.
(b) AUTHORITY.—To carry out this Act, the Presi-
dent shall exercise the authority under the Export Admin-
istration Act of 1979 (50 U.S.C. App. 2401 et. seq.)(as
continued in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et. seq.) and Exec-
utive Order No. 12924 (50 U.S.C. 1701 note)).
(c) PENALTIES.—Penalties provided under section 11
of the Export Administration Act of 1979 (50 U.S.C. App.
2410) shall apply to violations of this Act to the same
extent as those penalties apply to violations under that
Act.
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