tized damages associated with an incremental increase in 
carbon dioxide emissions in a given year. 
CHAPTER 2—ELECTRICITY SECURITY AND 
AFFORDABILITY 
SEC. 511. SHORT TITLE. 
This chapter may be cited as the ‘‘Electricity Security 
and Affordability Act’’. 
SEC. 512. STANDARDS OF PERFORMANCE FOR NEW FOSSIL 
FUEL-FIRED ELECTRIC UTILITY GENERATING 
UNITS. 
(a) LIMITATION.—The Administrator of the Environ-
mental Protection Agency may not issue, implement, or 
enforce any proposed or final rule under section 111 of 
the Clean Air Act (42 U.S.C. 7411) that establishes a 
standard of performance for emissions of any greenhouse 
gas from any new source that is a fossil fuel-fired electric 
utility generating unit unless such rule meets the require-
ments under subsections (b) and (c). 
(b) REQUIREMENTS.—In issuing any rule under sec-
tion 111 of the Clean Air Act (42 U.S.C. 7411) estab-
lishing standards of performance for emissions of any 
greenhouse gas from new sources that are fossil fuel-fired 
electric utility generating units, the Administrator of the 
Environmental Protection Agency (for purposes of estab-
lishing such standards)— 
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(1) shall separate sources fueled with coal and 
natural gas into separate categories; and 
(2) shall not set a standard based on the best 
system of emission reduction for new sources within 
a fossil-fuel category unless— 
(A) such standard has been achieved on 
average for at least one continuous 12-month 
period (excluding planned outages) by each of 
at least 6 units within such category— 
(i) each of which is located at a dif-
ferent electric generating station in the 
United States; 
(ii) which, collectively, are representa-
tive of the operating characteristics of elec-
tric generation at different locations in the 
United States; and 
(iii) each of which is operated for the 
entire 12-month period on a full commer-
cial basis; and 
(B) no results obtained from any dem-
onstration project are used in setting such 
standard. 
(c) COAL HAVING A HEAT CONTENT OF 8300 OR 
LESS BRITISH THERMAL UNITS PER POUND.— 
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(1) SEPARATE SUBCATEGORY.—In carrying out 
subsection (b)(1), the Administrator of the Environ-
mental Protection Agency shall establish a separate 
subcategory for new sources that are fossil fuel-fired 
electric utility generating units using coal with an 
average heat content of 8300 or less British Ther-
mal Units per pound. 
(2) STANDARD.—Notwithstanding subsection 
(b)(2), in issuing any rule under section 111 of the 
Clean Air Act (42 U.S.C. 7411) establishing stand-
ards of performance for emissions of any greenhouse 
gas from new sources in such subcategory, the Ad-
ministrator of the Environmental Protection Agency 
shall not set a standard based on the best system of 
emission reduction unless— 
(A) such standard has been achieved on 
average for at least one continuous 12-month 
period (excluding planned outages) by each of 
at least 3 units within such subcategory— 
(i) each of which is located at a dif-
ferent electric generating station in the 
United States; 
(ii) which, collectively, are representa-
tive of the operating characteristics of elec-
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tric generation at different locations in the 
United States; and 
(iii) each of which is operated for the 
entire 12-month period on a full commer-
cial basis; and 
(B) no results obtained from any dem-
onstration project are used in setting such 
standard. 
(d) TECHNOLOGIES.—Nothing in this section shall be 
construed to preclude the issuance, implementation, or en-
forcement of a standard of performance that— 
(1) is based on the use of one or more tech-
nologies that are developed in a foreign country, but 
has been demonstrated to be achievable at fossil 
fuel-fired electric utility generating units in the 
United States; and 
(2) meets the requirements of subsections (b) 
and (c), as applicable. 
SEC. 513. CONGRESS TO SET EFFECTIVE DATE FOR STAND-
ARDS 
OF 
PERFORMANCE 
FOR 
EXISTING, 
MODIFIED, AND RECONSTRUCTED FOSSIL 
FUEL-FIRED ELECTRIC UTILITY GENERATING 
UNITS. 
(a) APPLICABILITY.—This section applies with re-
spect to any rule or guidelines issued by the Administrator 
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of the Environmental Protection Agency under section 
111 of the Clean Air Act (42 U.S.C. 7411) that— 
(1) establish any standard of performance for 
emissions of any greenhouse gas from any modified 
or reconstructed source that is a fossil fuel-fired 
electric utility generating unit; or 
(2) apply to the emissions of any greenhouse 
gas from an existing source that is a fossil fuel-fired 
electric utility generating unit. 
(b) CONGRESS TO SET EFFECTIVE DATE.—A rule 
or guidelines described in subsection (a) shall not take ef-
fect unless a Federal law is enacted specifying such rule’s 
or guidelines’ effective date. 
(c) REPORTING.—A rule or guidelines described in 
subsection (a) shall not take effect unless the Adminis-
trator of the Environmental Protection Agency has sub-
mitted to Congress a report containing each of the fol-
lowing: 
(1) The text of such rule or guidelines. 
(2) The economic impacts of such rule or guide-
lines, including the potential effects on— 
(A) economic growth, competitiveness, and 
jobs in the United States; 
(B) electricity ratepayers, including low-in-
come ratepayers in affected States; 
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