Electricity Security and Affordability Act

Bill: 113-hr-3826
Sponsor: full_name: Rep. Whitfield, Ed [R-KY-1]
Introduced: 2014-01-09
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Air quality

Climate change and greenhouse gases

Coal

Congressional oversight

Electric power generation and transmission

Environmental Protection Agency (EPA)

Environmental regulatory procedures

Oil and gas
Latest action: action_date: 2014-05-08
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 374.

Summaries:
action_date: 2014-01-09
action_desc: Introduced in House
text: <p>Electricity Security and Affordability Act - Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act.</p> <p>Requires the Administrator to separate sources fueled with coal and natural gas into separate categories.</p> <p>Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within the coal category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard.</p> <p>Requires the Administrator, in separating sources fueled with coal into a separate category, to 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 Thermal Units (BTUs) per pound.</p> <p>Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the 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 that meets the unit requirements specified by this Act for the coal category.</p> <p>Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source.</p> <p>Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.</p>

action_date: 2014-02-28
action_desc: Reported to House without amendment
text: <p><b>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</b></p> <p>Electricity Security and Affordability Act - (Sec. 2) Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act.</p> <p>Requires the Administrator to separate sources fueled with coal and natural gas into separate categories.</p> <p>Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within the coal category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard.</p> <p>Requires the Administrator, in separating sources fueled with coal into a separate category, to 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 Thermal Units (BTUs) per pound.</p> <p>Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the 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 that meets the unit requirements specified by this Act for the coal category.</p> <p>(Sec. 3) Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source. </p> <p>Requires, in order for the rule or guidelines to take effect, that the Administrator submit a report that contains: (1) the text of the rule or guidelines; (2) the economic impacts of such rule or guidelines, including potential effects on electricity ratepayers, and on economic growth, competitiveness, and jobs in the United States; and (3) the amount of greenhouse gas emissions projected to be reduced as compared to overall global greenhouse gas emissions.</p> <p>(Sec. 4) Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.</p>

action_date: 2014-03-06
action_desc: Passed House amended
text: <p>Electricity Security and Affordability Act - (Sec. 2) Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act.</p> <p>Requires the Administrator to separate sources fueled with coal and natural gas into separate categories.</p> <p>Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard.</p> <p>Requires the Administrator, in separating sources fueled with coal into a separate category, to 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 Thermal Units (BTUs) per pound.</p> <p>Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the 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 that meets the unit requirements specified by this Act for the coal category.</p> <p>Prohibits this Act from being construed to preclude the issuance, implementation, or enforcement of a standard of performance that: (1) is based on the use of technologies 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 this Act.</p> <p>(Sec. 3) Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source. </p> <p>Requires, in order for the rule or guidelines to take effect, that the Administrator submit a report that contains: (1) the text of the rule or guidelines; (2) the economic impacts of such rule or guidelines, including potential effects on electricity ratepayers, on economic growth, competitiveness, and jobs in the United States and on required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (3) the amount of greenhouse gas emissions projected to be reduced as compared to overall global greenhouse gas emissions. </p> <p>Requires the Administrator, in carrying out such reporting requirements, to consult with the Administrator of the Energy Information Administration, the Comptroller General (GAO), the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology.</p> <p>(Sec. 4) Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.</p>

tv_txt: I 113th CONGRESS 2d Session H. R. 3826 IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Whitfield (for himself, Mr. Aderholt , Mr. Barr , Mr. Barletta , Mr. Barrow of Georgia , Mr. Barton , Mr. Bilirakis , Mr. Brooks of Alabama , Mrs. Capito , Mr. Cassidy , Mr. Conaway , Mr. Cotton , Mr. Cramer , Mr. Crawford , Mr. Daines , Mr. Rodney Davis of Illinois , Mrs. Ellmers , Mr. Enyart , Mr. Gardner , Mr. Griffin of Arkansas , Mr. Griffith of Virginia , Mr. Guthrie , Mr. Hall , Mr. Harris , Mrs. Hartzler , Ms. Jenkins , Mr. Johnson of Ohio , Mr. Lamborn , Mr. Latta , Mr. Long , Mrs. Lummis , Mr. Matheson , Mr. McKinley , Mr. Murphy of Pennsylvania , Mr. Olson , Mr. Peterson , Mr. Pitts , Mr. Pompeo , Mr. Rahall , Mr. Roe of Tennessee , Mr. Rogers of Kentucky , Mr. Rokita , Mr. Ross , Mr. Rothfus , Mr. Scalise , Mr. Sensenbrenner , Ms. Sewell of Alabama , Mr. Shimkus , Mr. Smith of Nebraska , Mr. Smith of Missouri , Mr. Stivers , Mr. Terry , Mr. Thompson of Pennsylvania , Mr. Tiberi , Mrs. Wagner , Mrs. Walorski , Mr. Westmoreland , Mr. Womack , Mr. Young of Alaska , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide direction to the Administrator of the Environmental Protection Agency regarding the establishment of standards for emissions of any greenhouse gas from fossil fuel-fired electric utility generating units, and for other purposes.

1. Short title This Act may be cited as the Electricity Security and Affordability Act . 2. Standards of performance for new fossil fuel-fired electric utility generating units (a) Limitation The Administrator of the Environmental 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 requirements under subsections (b) and (c). (b) Requirements In issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing 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 establishing such standards)— (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 the coal 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 different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal having a heat content of 8300 or less British Thermal Units per pound (1) Separate subcategory In carrying out subsection (b)(1), the Administrator of the Environmental 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 Thermal 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 standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator 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 different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. 3. Congress To set effective date for standards of performance for existing, modified, and reconstructed fossil fuel-fired electric utility generating units (a) Applicability This section applies with respect to any rule or guidelines issued by the Administrator 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 effect 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 Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on— (A) economic growth, competitiveness, and jobs in the United States; and (B) electricity ratepayers, including low-income ratepayers in affected States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. 4. Repeal of earlier rules and guidelines The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule— (A) entitled Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , published at 77 Fed. Reg. 22392 (April 13, 2012); and (B) withdrawn pursuant to the notice entitled Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2011–0660. (2) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2013–0495. (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that— (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that— (A) are issued prior to the date of the enactment of this Act; and (B) 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 apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. 5. Definitions In this Act: (1) Demonstration project The term demonstration project means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received government funding or financial assistance. (2) Existing source The term existing source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except such term shall not include any modified source. (3) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification The term modification has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ). (5) Modified source The term modified source means any stationary source, the modification of which is commenced after the date of the enactment of this Act. (6) New source The term new source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except that such term shall not include any modified source.

tv_txt: IB Union Calendar No. 271 113th CONGRESS 2d Session H. R. 3826 [Report No. 113–365] IN THE HOUSE OF REPRESENTATIVES January 9, 2014 Mr. Whitfield (for himself, Mr. Aderholt , Mr. Barr , Mr. Barletta , Mr. Barrow of Georgia , Mr. Barton , Mr. Bilirakis , Mr. Brooks of Alabama , Mrs. Capito , Mr. Cassidy , Mr. Conaway , Mr. Cotton , Mr. Cramer , Mr. Crawford , Mr. Daines , Mr. Rodney Davis of Illinois , Mrs. Ellmers , Mr. Enyart , Mr. Gardner , Mr. Griffin of Arkansas , Mr. Griffith of Virginia , Mr. Guthrie , Mr. Hall , Mr. Harris , Mrs. Hartzler , Ms. Jenkins , Mr. Johnson of Ohio , Mr. Lamborn , Mr. Latta , Mr. Long , Mrs. Lummis , Mr. Matheson , Mr. McKinley , Mr. Murphy of Pennsylvania , Mr. Olson , Mr. Peterson , Mr. Pitts , Mr. Pompeo , Mr. Rahall , Mr. Roe of Tennessee , Mr. Rogers of Kentucky , Mr. Rokita , Mr. Ross , Mr. Rothfus , Mr. Scalise , Mr. Sensenbrenner , Ms. Sewell of Alabama , Mr. Shimkus , Mr. Smith of Nebraska , Mr. Smith of Missouri , Mr. Stivers , Mr. Terry , Mr. Thompson of Pennsylvania , Mr. Tiberi , Mrs. Wagner , Mrs. Walorski , Mr. Westmoreland , Mr. Womack , Mr. Young of Alaska , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Energy and Commerce February 28, 2014 Additional sponsors: Mrs. Brooks of Indiana , Mr. Kinzinger of Illinois , Mr. Sessions , Mr. Brady of Texas , Mr. Kingston , Mr. Stutzman , Mr. Massie , Mr. King of Iowa , Mr. Southerland , Mr. Schock , Mr. Harper , Mr. Graves of Missouri , Mr. Bachus , Mr. Rogers of Alabama , Mr. Gosar , Mr. Goodlatte , Mr. McIntyre , Mr. Pearce , Mr. Bucshon , Mr. Mullin , Mr. Messer , Mrs. Noem , Mr. Flores , Ms. Foxx , Mr. Sam Johnson of Texas , Mr. Luetkemeyer , Mr. Kline , Mr. Renacci , Mr. Smith of Texas , Mr. Gibbs , Mr. Bishop of Utah , Mr. Kelly of Pennsylvania , Mr. Shuster , Mr. Byrne , and Mrs. Roby February 28, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To provide direction to the Administrator of the Environmental Protection Agency regarding the establishment of standards for emissions of any greenhouse gas from fossil fuel-fired electric utility generating units, and for other purposes.

1. Short title This Act may be cited as the Electricity Security and Affordability Act . 2. Standards of performance for new fossil fuel-fired electric utility generating units (a) Limitation The Administrator of the Environmental 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 requirements under subsections (b) and (c). (b) Requirements In issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing 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 establishing such standards)— (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 the coal 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 different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal having a heat content of 8300 or less British Thermal Units per pound (1) Separate subcategory In carrying out subsection (b)(1), the Administrator of the Environmental 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 Thermal 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 standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator 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 different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. 3. Congress To set effective date for standards of performance for existing, modified, and reconstructed fossil fuel-fired electric utility generating units (a) Applicability This section applies with respect to any rule or guidelines issued by the Administrator 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 effect 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 Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on— (A) economic growth, competitiveness, and jobs in the United States; and (B) electricity ratepayers, including low-income ratepayers in affected States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. 4. Repeal of earlier rules and guidelines The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule— (A) entitled Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , published at 77 Fed. Reg. 22392 (April 13, 2012); and (B) withdrawn pursuant to the notice entitled Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2011–0660. (2) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2013–0495. (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that— (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that— (A) are issued prior to the date of the enactment of this Act; and (B) 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 apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. 5. Definitions In this Act: (1) Demonstration project The term demonstration project means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received government funding or financial assistance. (2) Existing source The term existing source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except such term shall not include any modified source. (3) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification The term modification has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ). (5) Modified source The term modified source means any stationary source, the modification of which is commenced after the date of the enactment of this Act. (6) New source The term new source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except that such term shall not include any modified source.

February 28, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 113th CONGRESS 2d Session H. R. 3826 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide direction to the Administrator of the Environmental Protection Agency regarding the establishment of standards for emissions of any greenhouse gas from fossil fuel-fired electric utility generating units, and for other purposes.

1. Short title This Act may be cited as the Electricity Security and Affordability Act . 2. Standards of performance for new fossil fuel-fired electric utility generating units (a) Limitation The Administrator of the Environmental 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 requirements under subsections (b) and (c). (b) Requirements In issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing 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 establishing such standards)— (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 different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal having a heat content of 8300 or less British Thermal Units per pound (1) Separate subcategory In carrying out subsection (b)(1), the Administrator of the Environmental 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 Thermal 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 standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator 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 different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (d) Technologies Nothing in this section shall be construed to preclude the issuance, implementation, or enforcement of a standard of performance that— (1) is based on the use of one or more technologies 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 subsection (b) and (c), as applicable. 3. Congress To set effective date for standards of performance for existing, modified, and reconstructed fossil fuel-fired electric utility generating units (a) Applicability This section applies with respect to any rule or guidelines issued by the Administrator 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 effect 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 Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on— (A) economic growth, competitiveness, and jobs in the United States; (B) electricity ratepayers, including low-income ratepayers in affected States; (C) required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (D) the global economic competitiveness of the United States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. (d) Consultation In carrying out subsection (c), the Administrator of the Environmental Protection Agency shall consult with the Administrator of the Energy Information Administration, the Comptroller General of the United States, the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology. 4. Repeal of earlier rules and guidelines The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule— (A) entitled Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , published at 77 Fed. Reg. 22392 (April 13, 2012); and (B) withdrawn pursuant to the notice entitled Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2011–0660. (2) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2013–0495. (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that— (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that— (A) are issued prior to the date of the enactment of this Act; and (B) 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 apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. 5. Definitions In this Act: (1) Demonstration project The term demonstration project means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received Federal Government funding or financial assistance. (2) Existing source The term existing source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except such term shall not include any modified source. (3) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification The term modification has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ). (5) Modified source The term modified source means any stationary source, the modification of which is commenced after the date of the enactment of this Act. (6) New source The term new source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except that such term shall not include any modified source.

Passed the House of Representatives March 6, 2014. Karen L. Haas, Clerk.

tv_txt: II Calendar No. 374 113th CONGRESS 2d Session H. R. 3826 IN THE SENATE OF THE UNITED STATES March 10, 2014 Received May 7, 2014 Read the first time May 8, 2014 Read the second time and placed on the calendar AN ACT To provide direction to the Administrator of the Environmental Protection Agency regarding the establishment of standards for emissions of any greenhouse gas from fossil fuel-fired electric utility generating units, and for other purposes.

1. Short title This Act may be cited as the Electricity Security and Affordability Act . 2. Standards of performance for new fossil fuel-fired electric utility generating units (a) Limitation The Administrator of the Environmental 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 requirements under subsections (b) and (c). (b) Requirements In issuing any rule under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) establishing 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 establishing such standards)— (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 different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (c) Coal having a heat content of 8300 or less British Thermal Units per pound (1) Separate subcategory In carrying out subsection (b)(1), the Administrator of the Environmental 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 Thermal 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 standards of performance for emissions of any greenhouse gas from new sources in such subcategory, the Administrator 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 different electric generating station in the United States; (ii) which, collectively, are representative of the operating characteristics of electric generation at different locations in the United States; and (iii) each of which is operated for the entire 12-month period on a full commercial basis; and (B) no results obtained from any demonstration project are used in setting such standard. (d) Technologies Nothing in this section shall be construed to preclude the issuance, implementation, or enforcement of a standard of performance that— (1) is based on the use of one or more technologies 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 subsection (b) and (c), as applicable. 3. Congress To set effective date for standards of performance for existing, modified, and reconstructed fossil fuel-fired electric utility generating units (a) Applicability This section applies with respect to any rule or guidelines issued by the Administrator 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 effect 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 Administrator of the Environmental Protection Agency has submitted to Congress a report containing each of the following: (1) The text of such rule or guidelines. (2) The economic impacts of such rule or guidelines, including the potential effects on— (A) economic growth, competitiveness, and jobs in the United States; (B) electricity ratepayers, including low-income ratepayers in affected States; (C) required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (D) the global economic competitiveness of the United States. (3) The amount of greenhouse gas emissions that such rule or guidelines are projected to reduce as compared to overall global greenhouse gas emissions. (d) Consultation In carrying out subsection (c), the Administrator of the Environmental Protection Agency shall consult with the Administrator of the Energy Information Administration, the Comptroller General of the United States, the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology. 4. Repeal of earlier rules and guidelines The following rules and guidelines shall be of no force or effect, and shall be treated as though such rules and guidelines had never been issued: (1) The proposed rule— (A) entitled Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , published at 77 Fed. Reg. 22392 (April 13, 2012); and (B) withdrawn pursuant to the notice entitled Withdrawal of Proposed Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2011–0660. (2) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units , signed by the Administrator of the Environmental Protection Agency on September 20, 2013, and identified by docket ID number EPA–HQ–OAR–2013–0495. (3) With respect to the proposed rule described in paragraph (1), any successor or substantially similar proposed or final rule that— (A) is issued prior to the date of the enactment of this Act; (B) is applicable to any new source that is a fossil fuel-fired electric utility generating unit; and (C) does not meet the requirements under subsections (b) and (c) of section 2. (4) Any proposed or final rule or guidelines under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that— (A) are issued prior to the date of the enactment of this Act; and (B) 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 apply to the emissions of any greenhouse gas from an existing source that is a fossil fuel-fired electric utility generating unit. 5. Definitions In this Act: (1) Demonstration project The term demonstration project means a project to test or demonstrate the feasibility of carbon capture and storage technologies that has received Federal Government funding or financial assistance. (2) Existing source The term existing source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except such term shall not include any modified source. (3) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (4) Modification The term modification has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ). (5) Modified source The term modified source means any stationary source, the modification of which is commenced after the date of the enactment of this Act. (6) New source The term new source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ), except that such term shall not include any modified source.

Passed the House of Representatives March 6, 2014. Karen L. Haas, Clerk

May 8, 2014 Read the second time and placed on the calendar