In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sacramento Valley Water Storage and 
Restoration Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The State of California and much of the West are 
        experiencing one of the driest years on record, exacerbating 
        water supply problems caused by a lack of surface water storage 
        infrastructure. The drought conditions have caused reductions 
        in water supplies to almost all water users in the State.
            (2) The Sites Project has been identified by the State of 
        California and the Federal Government as an important component 
        to integrated water management in the Sacramento Valley that 
        would advance the co-equal objectives of improving water 
        management and restoring ecological health for beneficial uses 
        of the Sacramento-San Joaquin Delta and the Sacramento River 
        watershed.
            (3) Among other things, the Sites Project would--
                    (A) increase surface water storage to enhance water 
                management flexibility in the Sacramento Valley;
                    (B) provide flood control benefits;
                    (C) improve conditions for fish, waterfowl, and 
                wildlife in the Sacramento Valley, including anadromous 
                fish in the Sacramento River; and
                    (D) improve the operation of the State's water 
                system to provide improvements in ecosystem and water 
                quality conditions in the Bay-Delta while providing a 
                more reliable water supply for the State of California.
            (4) The Sites Project has been shown to provide 
        approximately 1,300,000 of additional yield when the Sites 
        Project is integrated into the operations of other State and 
        Federal reservoirs upstream of the Bay-Delta.
            (5) Healthy wetlands are of vital importance to wildlife in 
        California and require a reliable supply of water, and 
        additional surface water storage can help meet water supply 
        goals under the Central Valley Project Improvement Act.
            (6) It is in the interests of the United States for the 
        Federal Government to work with the Sites Project Authority, 
        which has been established under laws of the State of 
        California as an independent joint powers authority to, among 
        other things, study, promote, develop, design, finance, 
        acquire, construct, manage, and operate Sites Reservoir and 
        related facilities, in order to advance the Sites Project in 
        the most expeditious and cost-effective manner possible.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.
            (3) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (4) Authority.--The term ``Authority'' means the Sites 
        Project Authority that entered into a Joint Powers Agreement on 
        August 26, 2010, for the purpose of advancing the Sites Project 
        as a non-Federal facility and includes Glenn-Colusa Irrigation 
        District, Reclamation District 108, the Tehama-Colusa Canal 
        Authority, Maxwell Irrigation District, the County of Glenn, 
        the County of Colusa and Yolo County Flood Control and Water 
        Conservation District.
            (5) Sites project.--The term ``Sites Project'' means the 
        Sites Reservoir in Glenn and Colusa Counties, California, and 
        related facilities, including associated water conveyance and 
        hydropower generation and transmission facilities.
            (6) State.--The term ``State'' means the State of 
        California.
            (7) Central valley project.--The term ``Central Valley 
        Project'' means all Federal reclamation projects located within 
        or diverting water from or to the watershed of the Sacramento 
        and San Joaquin rivers and their tributaries as authorized by 
        the Act of August 26, 1937 (50 Stat. 850), and all Acts 
        amendatory or supplemental thereto, including but not limited 
        to the Act of October 17, 1940 (54 Stat. 1198, 1199), Act of 
        December 22, 1944 (58 Stat. 887), Act of October 14, 1949 (63 
        Stat. 852), Act of September 26, 1950 (64 Stat. 1036), Act of 
        August 27, 1954 (68 Stat. 879), Act of August 12, 1955 (69 
        Stat. 719), Act of June 3, 1960 (74 Stat. 156), Act of October 
        23, 1962 (76 Stat. 1173), Act of September 2, 1965 (79 Stat. 
        615), Act of August 19, 1967 (81 Stat. 167), Act of August 27, 
        1967 (81 Stat. 173), Act of October 23, 1970 (84 Stat. 1097), 
        Act of September 28, 1976 (90 Stat. 1324) and Act of October 
        27, 1986 (100 Stat. 3050).
            (8) Repayment and water service contracts.--The terms 
        ``repayment contract'' and ``water service contract'' have the 
        same meaning as provided in sections 9(d) and 9(e) of the 
        Reclamation Project Act of 1939 (53 Stat. 1187, 1195), as 
        amended.

SEC. 4. FEASIBILITY STUDY AND ENVIRONMENTAL IMPACT STATEMENT.

    (a) Feasibility Study.--No later than June 30, 2015, the Secretary, 
acting through the Bureau, shall finalize and publish in the Federal 
Register, the feasibility study authorized in section 103(d)(1)(i)(II) 
of title I of Public Law 108-361.
    (b) Environmental Impact Statement and Environmental Impact 
Report.--No later than June 30, 2015, the Secretary shall work with the 
Secretary of Commerce, the Army Corps of Engineers and the 
Environmental Protection Agency Administrator to coordinate the efforts 
of the relevant agencies and work with the State, the Authority, and 
other stakeholders to complete and issue the final joint environmental 
impact statement and environmental impact report on the Sites Project.
    (c) Availability of Documents.--The Secretary shall ensure that all 
documents associated with the preparation of planning and feasibility 
studies and applicable environmental reviews under the National 
Environmental Policy Act for the Sites Project shall be made available 
to the Authority.
    (d) Financial Assistance and Other Agreements.--To assist the 
Secretary in meeting the deadlines for completing the feasibility study 
and environmental impact statement identified in this section, no later 
than 90 days following enactment, the Secretary, acting through the 
Bureau, shall enter into such agreements with the Authority, including 
financial assistance agreements, to carry out such work as the Bureau 
and the Authority mutually agree is appropriate to ensure that all 
studies and environmental reviews are completed on an expeditious basis 
and that the shortest applicable process under the National 
Environmental Policy Act shall be utilized, including in the completion 
of the final feasibility study and final joint environmental impact 
statement and environmental impact report on the Sites Project.
    (e) Non-Federal Cost-Share.--The Secretary shall attribute all 
funds expended, or in-kind services provided, by the Authority or the 
State to advance the Sites Project, including the $42,379,999 in non-
Federal funds provided to the North-of-Delta Offstream Storage 
Feasibility Study reflected in the Bureau's fiscal year 2015 Budget 
Justification, to the non-Federal share of cost-share requirements for 
any Federal support provided to the Sites Project.
    (f) Requirements of Existing Law.--Nothing in the section herein 
modifies existing requirements of Federal law.

SEC. 5. CONSTRUCTION.

    (a) Authorization of Construction.--Section 103(d)(1)(B) of title I 
of Public Law 108-361 (the Calfed Bay-Delta Authorization Act, 118 
Stat. 1681) is amended by--
            (1) adding after clause (i) the following:
                            ``(ii) Construction authorization.--If the 
                        Secretary determines the project described in 
                        clause (ii)(I) of subparagraph (A) is feasible, 
                        the Secretary is authorized to carry out the 
                        project in a manner that is substantially in 
                        accordance with the recommended plan, and 
                        subject to the conditions described in the 
                        feasibility study.'';
            (2) striking in clause (iii), ``the project'' and inserting 
        ``a project described in clause (ii)(I) of subparagraph (A)''; 
        and
            (3) redesignating clause (ii) and (iii) as clause (iii) and 
        (iv), respectively.
    (b) Project Partnership Agreements.--At the request of the 
Authority, the Bureau shall--
            (1) enter into a project partnership agreement with the 
        Authority for the Authority to provide full project management 
        control for construction of the Sites Project, or a separable 
        element of the project, in accordance with plans approved by 
        the Secretary; and
            (2) following execution of the project partnership 
        agreement, transfer to the Authority interest to carry out 
        construction of the project, or a separable element of the 
        project--
                    (A) if applicable, the balance of the unobligated 
                amounts appropriated for the Sites Project, except that 
                the Secretary shall retain sufficient amounts for the 
                Bureau to carry out any responsibilities of the Bureau 
                relating to the project; and
                    (B) additional amounts, as determined by the 
                Secretary, from amounts made available to the 
                Secretary, except that the total amount transferred to 
                the non-Federal interest shall not exceed the updated 
                estimate of the Federal share of the cost of 
                construction, including any required design.
    (c) Detailed Project Schedule.--Not later than 180 days after 
entering into a Project Partnership agreement, the Authority, to the 
maximum extent practicable, shall submit to the Secretary a detailed 
project schedule, based on estimated funding levels, that lists all 
deadlines for each milestone in the construction of the project.
    (d) Administration.--All laws and regulations that would apply to 
the Secretary if the Secretary were carrying out the project shall 
apply to Authority, if the Authority enters into an agreement with the 
Secretary to carry out the project under this section.

SEC. 6. NON-FEDERAL PROJECT.

    (a) In General.--At any time, notwithstanding any other provision 
of this Act, if the Commissioner determines and the Secretary concurs, 
that the Sites Project can be expedited by the Authority as a non-
Federal project, and that there is a demonstrable Federal interest for 
the Sites Project to be constructed and operated as a non-Federal 
project, the Bureau is authorized and directed to take any and all 
actions possible to advance the Sites Project as a non-Federal project, 
including, but not limited to, entering into cost-shared financial 
assistance agreements with the Authority to support construction of the 
Sites Project as a non-Federal project.
    (b) Title; Operations and Maintenance.--The Authority shall hold 
title to all facilities constructed under this section, and shall be 
solely responsible for the operation and maintenance costs of such 
facilities.
    (c) Federal Reviews and Permits.--The Bureau shall be the lead 
Federal agency for the purposes of all Federal reviews, analyses, 
opinions, statements, permits, licenses, or other approvals or 
decisions required under Federal law to allow the Authority to 
construct the Sites Project as a non-Federal project.
    (d) Coordinated Operations.--The Secretary of the Interior is 
authorized and directed to execute and implement a long-term agreement 
between the United States of America and the Authority that shall 
provide for the coordination of operations of the Central Valley 
Project and the Sites Project to--
            (1) satisfy any contracts entered into in subsection (e) of 
        this Act;
            (2) help meet any unmet needs for Sacramento Valley in-
        basin water uses;
            (3) help meet any unmet needs of existing Central Valley 
        Project repayment and water service contracts; and
            (4) ensure that any surplus water supplies from the Sites 
        Project are put to full and beneficial use.
    (e) Contracts.--The Secretary is authorized to enter into long-term 
contracts with the Authority to acquire water supplies made available 
from the Sites Project for the purposes of meeting the requirements 
section 3406(b)(3) and section 3408(j) of Public Law 102-575, the 
Central Valley Project Improvement Act, and such other purposes as the 
Secretary may deem appropriate.

SEC. 7. ENVIRONMENTAL REVIEW AND PERMITTING.

    With respect to the Sites Project, the Bureau shall--
            (1) be the lead Federal agency for the purposes of all 
        Federal reviews, analyses, opinions, statements, permits, 
        licenses, or other approvals or decisions required under 
        Federal law to allow either the Bureau or the Authority to 
        construct the Sites Project, including all requirements under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) any other Federal law applicable to the 
                construction of the Sites Project facilities by the 
                Bureau or the Authority; and
            (2) take such steps as are necessary to ensure that all 
        Federal reviews, analyses, opinions, statements, permits, 
        licenses, or other approvals or decisions required under 
        Federal law to allow either the Bureau or the Authority to 
        construct the Sites Project are completed on an expeditious 
        basis and utilize the shortest applicable process.

SEC. 8. POWER GENERATION.

    (a) Purchase or Market Power.--The Secretary of Energy, acting 
through the Western Area Power Administration, shall determine no later 
than June 30, 2015, if there is a Federal interest in--
            (1) providing power to the Sites Project; and
            (2) purchasing and marketing the power produced by the 
        Sites Project.
    (b) Authorization To Provide, Market and Purchase Power.--If the 
Secretary of Energy determines there is a Federal interest in providing 
power to, and purchasing and marketing power from, the Sites Project, 
the Secretary of Energy is authorized and directed to take such actions 
as are necessary to support that determination.
    (c) Permit Lead and Marketing of Power if Western Area Power 
Administration Forgoes Participation in the Sites Project.--If the 
Sites Project is constructed as a non-Federal project by the Authority 
and the Secretary of Energy determines that there is no Federal 
interest in the Western Area Power Administration managing power 
provided to or emanating from the Sites Project, the Secretary of the 
Interior, acting through the Bureau, is authorized and directed to 
provide such support as is necessary to enable the Authority market the 
energy produced by the Sites Project, including securing all permits 
associated with managing power used and produced by the Sites Project.
    (d) Delivery and Management of Water.--Nothing in this subsection 
shall alter or impede the delivery and management of water, as water 
used for hydropower generation shall be deemed incidental to uses of 
water for which the Sites Project is intended to serve.

SEC. 9. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    Nothing in this Act modifies or alters any obligations under--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); or
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).

SEC. 10. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to preempt any existing 
State law, including but not limited to area of origin and other water 
rights protections.
[EX A]: Sacramento Valley Water Storage and Restoration Act of 2014 - Directs the Secretary of the Interior, acting through the Bureau of Reclamation, to: (1) finalize and publish in the Federal Register the feasibility study authorized in the Water Supply, Reliability, and Environmental Improvement Act, for enlargement of the Los Vaqueros Reservoir in Contra Costa County, California; (2) work with the Secretary of Commerce, the Army Corps of Engineers, and the Environmental Protection Agency (EPA) Administrator, by June 30, 2015, to coordinate the efforts of the relevant agencies and work with the state of California, the Sites Project Authority, and other stakeholders to complete and issue the final joint environmental impact statement and report on the Sites Project (the Sites Reservoir in Glenn and Colusa Counties, California, and related facilities, including associated water conveyance and hydropower generation and transmission facilities); and (3) enter into agreements with the Authority to carry out such work as the Bureau and the Authority mutually agree is appropriate to ensure that all studies and environmental reviews are completed on an expeditious basis and that the shortest applicable process under the National Environmental Policy Act is utilized, including in the completion of the final feasibility study and final joint environmental impact statement and report on the Sites Project. Amends the Calfed Bay-Delta Authorization Act to: (1) authorize construction of the Sites Reservoir in Colusa County if the Secretary determines that the project is feasible; and (2) direct the Bureau, at the Authority's request, to enter into a project partnership agreement for the Authority to provide full project management control for construction of the Sites Project, or a separable element of the Project, in accordance with plans approved by the Secretary. Authorizes and directs: (1) the Bureau to advance the Sites Project as a non-federal project if the Commissioner of the Bureau determines and the Secretary concurs that the Project can be expedited by the Authority as a non-federal project and that there is a demonstrable federal interest for the Project to be constructed and operated as a non-federal project, and (2) the Secretary to execute and implement a long-term agreement with the Authority for the coordination of operations of the Central Valley Project and the Sites Project.  Directs the Bureau to: (1) be the lead federal agency for the purposes of all federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under federal law to allow either the Bureau or the Authority to construct the Sites Project; and (2) take such steps as necessary to ensure that all such reviews, approvals, or decisions required to allow either the Bureau or the Authority to construct the Sites Project are completed on an expeditious basis and utilize the shortest applicable process. Directs the Secretary of Energy (DOE): (1) acting through the Western Area Power Administration, to determine by no later than June 30, 2015, if there is a federal interest in providing power to, and purchasing and marketing power produced by, the Sites Project; (2) if so, to take actions to support such determination; and (3) if not, to provide such support as is necessary to enable the Authority to market the energy produced by the Project.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury Reduction and Energy 
Security Act of 2010''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The Environmental Protection Agency (``EPA'') was 
        required by the terms of the Clean Air Act Amendments of 1990 
        and a 1998 consent agreement to determine whether regulation of 
        mercury from electric utility steam generating units under 
        section 112 of the Clean Air Act was appropriate and necessary.
            (2) In a December 2000, regulatory finding, the EPA 
        concluded that regulation of mercury from electric utility 
        steam generating units was appropriate and necessary.
            (3) In 2005, the EPA withdrew its 2000 regulatory finding 
        in favor of a national cap-and-trade system for mercury 
        emissions from electric utility steam generating units, the 
        Clean Air Mercury Rule (``CAMR'').
            (4) CAMR was subsequently challenged in petitions for 
        review filed by 17 States.
            (5) The United States Court of Appeals for the District of 
        Columbia Circuit vacated the rule on February 8, 2008, finding 
        that once the EPA had listed electric utility steam generating 
        units as a source of hazardous air pollutants, it was required 
        by law to proceed with Maximum Achievable Control Technology 
        (``MACT'') regulations under section 112 of the Clean Air Act 
        unless it delisted the source category, under procedures set 
        forth in section 112(c)(9).
            (6) Mercury control technologies for coal-fired electric 
        utility steam generating units have advanced rapidly in the 
        last few years.
    (b) Purpose.--The purpose of this Act is to protect public health 
and welfare, and the environment, through mercury emission reductions 
from electric utility steam generating units.

SEC. 3. MERCURY EMISSION REDUCTIONS.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at 
the end the following new title:

                    ``TITLE VII--MERCURY REDUCTIONS

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) Affected unit.--The term `affected unit' means a 
        coal-fired electric steam generating unit (including a 
        cogeneration unit) that--
                    ``(A) has a nameplate capacity greater than 25 
                megawatts; and
                    ``(B) generates electricity for sale.
            ``(2) Cogeneration unit.--The term `cogeneration unit' 
        means a stationary, coal-fired boiler or a stationary, coal-
        fired combustion turbine having equipment used to produce 
        electricity and useful thermal energy for industrial, 
        commercial, heating, or cooling purposes through the sequential 
        use of energy that produces during the 12-month period starting 
        on the date the unit first produces electricity and during any 
        calendar year after which the unit first produces electricity--
                    ``(A) for a topping-cycle cogeneration unit--
                            ``(i) useful thermal energy not less than 5 
                        percent of total energy output; and
                            ``(ii) useful power that, when added to 
                        one-half of useful thermal energy produced, is 
                        not less than--
                                    ``(I) 42.5 percent of total energy 
                                input if useful thermal energy produced 
                                is 15 percent or more of total energy 
                                output; or
                                    ``(II) 45 percent of total energy 
                                input if useful thermal energy produced 
                                is less than 15 percent of total energy 
                                output; and
                    ``(B) for a bottoming-cycle cogeneration unit, 
                useful power not less than 45 percent of total energy 
                input.
            ``(3) Inlet mercury.--The term `inlet mercury' means the 
        quantity of mercury found--
                    ``(A) in the as-fired coal used by an affected 
                unit; or
                    ``(B) for an affected unit using coal that is 
                subjected to an advanced coal cleaning technology, in 
                the as-mined coal used by the affected unit.

``SEC. 702. MERCURY REDUCTION PROGRAM.

    ``(a) Annual Limitation for Affected Units.--Except as provided in 
subsection (f), an affected unit in operation before or after the date 
of enactment of this title shall be subject to the following emission 
limitations on an annual average calendar year basis with respect to 
mercury:
            ``(1) Calendar years 2012 through 2014.--For the period 
        beginning on January 1, 2012, and ending on December 31, 2014, 
        the less stringent limitation of the following (calculated on a 
        one-year rolling average):
                    ``(A) 80 percent capture of inlet mercury.
                    ``(B) An emission rate of 1.60 pounds of mercury 
                per trillion British thermal units of input coal.
            ``(2) Calendar year 2015 and thereafter.--For calendar year 
        2015 and each calendar year thereafter, the less stringent 
        limitation of the following (calculated on a one-year rolling 
        average):
                    ``(A) 90 percent capture of inlet mercury.
                    ``(B) An emission rate of 0.80 pounds of mercury 
                per trillion British thermal units of input coal.
    ``(b) Averaging Across Units Within a Facility or State.--(1) An 
owner or operator of more than one affected unit at a single facility 
may demonstrate compliance with the applicable annual average emission 
limitations under subsection (a) by averaging emissions from all 
affected units at that facility, weighted by total input coal British 
thermal units.
    ``(2) An owner or operator of more than one affected unit or units 
within a State may demonstrate compliance with the applicable annual 
average emission limitations under subsection (a) by averaging 
emissions from all affected units owned or operated by that owner or 
operator within such State, weighted by total input coal British 
thermal units, if all affected units are owned or operated by the same 
entity.
    ``(3) If an affected unit is owned or operated by more than one 
entity, the State in which the affected unit is located shall allocate 
to each such owner or operator an appropriate portion of the generation 
from the affected unit for purposes of averaging emissions pursuant to 
paragraph (1) or (2).
    ``(c) Reference Methods for Measuring Mercury Emissions.--(1) The 
owner or operator of an affected unit shall use any of the following 
methods as a reference method to calibrate the instruments used to 
measure the mercury concentration in emissions from affected units:
                    ``(A) ASTM D6784-02, `Standard Test Method for 
                Elemental, Oxidized, Particle-Bound and Total Mercury 
                in Flue Gas Generated from Coal-Fired Stationary 
                Sources' (Ontario Hydro Method).
                    ``(B) 40 C.F.R. Part 60, Appendix A-8, Method 29, 
                `Determination of Metals Emissions from Stationary 
                Sources'.
                    ``(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A, 
                `Determination of Total Vapor Phase Mercury Emissions 
                from Stationary Sources (Instrumental Analyzer 
                Procedure)'.
                    ``(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B, 
                `Determination of Total Vapor Phase Mercury Emissions 
                from Coal-Fired Combustion Sources Using Carbon Sorbent 
                Traps'.
    ``(2) The Administrator may revise or supplement the list of 
permitted methods set forth in paragraph (1) to reflect improvements or 
other developments in the measurement of mercury emissions from coal-
fired electric steam generating units.
    ``(d) Monitoring System.--(1) The owner or operator of an affected 
unit shall install and operate a continuous emissions monitoring system 
(CEMS) to measure the quantity of mercury that is emitted from each 
affected unit.
    ``(2) For purposes of complying with paragraph (1), the owner or 
operator of an affected unit may use--
            ``(A) any CEMS that meets the requirements in Performance 
        Specification 12A (PS-12A), `Specifications and Test Procedures 
        for Total Vapor-Phase Mercury Continuous Monitoring Systems in 
        Stationary Sources';
            ``(B) a mercury concentration CEMS that meets the 
        requirements of 40 C.F.R. Part 75; or
            ``(C) a sorbent trap monitoring system that meets the 
        requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix 
        K, `Quality Assurance and Operating Procedures for Sorbent Trap 
        Monitoring Systems';
            ``(3) The Administrator may revise or supplement the list 
        of permitted monitoring systems set forth in paragraph (2) to 
        reflect improvements or other developments in mercury emissions 
        reduction technologies and mercury emissions monitoring 
        systems.
    ``(e) Excess Emissions.--(1) Except as provided in subsection (f), 
the owner or operator of an affected unit that emits mercury in excess 
of the applicable annual average emission limitation under subsection 
(a) shall pay an excess emissions penalty determined under paragraph 
(2).
    ``(2) The excess emissions penalty for mercury shall be an amount 
equal to $50,000 for each pound of mercury emitted in excess of the 
applicable annual average emission limitation under subsection (a). 
Such penalty shall be prorated for each fraction of a pound.
    ``(f) Best Practices.--(1) Effective, January 1, 2015, if the owner 
or operator of any affected unit fails to achieve the annual average 
emission limitation under subsection (a)(2), such owner or operator may 
notify the Administrator of such failure prior to March 1, 2015, and 
request an alternate emissions limitation for mercury with respect to 
such affected unit. Such owner or operator shall submit to the 
Administrator mercury emissions data measured by a CEMS that complies 
with subsection (d) for evaluation. If the Administrator determines 
that such owner or operator has properly installed and operated such 
CEMS and control technology designed to achieve such annual average 
emission limitation and is unable to meet such limitation, the 
Administrator may, not later than April 1, 2016, establish an alternate 
emissions limitation for mercury with respect to such affected unit 
based on the optimal performance of properly installed and operated 
control technology.
    ``(2) With respect to any affected unit, for any year for which an 
alternate emissions limitation for mercury is in place for such 
affected unit, the Administrator may review such alternate emissions 
limitation and impose a more stringent emissions limitation for mercury 
for the subsequent year based on new data regarding the demonstrated 
control capabilities of the type of control technology installed and 
operated at such affected unit.
    ``(3)(A) Except as provided in subparagraph (B), an owner or 
operator of an affected unit failing to achieve the annual average 
emission limitation under subsection (a)(2) that notifies the 
Administrator of such failure and requests and alternate emissions 
limitation for mercury pursuant to paragraph (1) shall be considered in 
compliance with this section (and not subject to any excess emissions 
penalty) for the period beginning on January 1, 2015, and ending on the 
date such an alternate emissions limitation is implemented.
    ``(B) An owner or operator described in subparagraph (A) shall pay 
an excess emissions penalty, as determined under subsection (e)(2), for 
the period described in such subparagraph, if such owner or operator 
operates or maintains the affected unit, including any associated air 
pollution control equipment, in a manner that is inconsistent with good 
air pollution control practices for the minimization of mercury 
emissions, as determined by the Administrator. In determining whether 
the owner or operator of the affected unit operates and maintains the 
affected unit in a manner that is consistent with good air pollution 
control practices for the minimization of mercury emissions, the 
Administrator may review the emissions monitoring data and operating 
and maintenance procedures of the affected unit and may inspect the 
affected unit.
    ``(4)(A) With respect to any affected unit for which an alternate 
emissions limitation for mercury is in place under this subsection, the 
owner or operator of such affected unit that emits mercury in excess of 
such alternate emissions limitation shall pay an excess emissions 
penalty determined under subparagraph (B).
    ``(B) The excess emissions penalty for mercury for an owner or 
operator of an affected unit described in subparagraph (A) shall be an 
amount equal to $50,000 for each pound of mercury emitted in excess of 
the alternate emissions limitation for mercury in place for such 
affected unit. Such penalty shall be prorated for each fraction of a 
pound.
    ``(g) Sole Limitation on Mercury.--This title shall apply the sole 
emission standard or limitation under this Act with regard to the 
emission of mercury from electric utility steam generating units and 
shall supersede any other such requirement under section 112 or any 
other provision of this Act.
    ``(h) Relationship to Other Law.--Except as otherwise specifically 
provided in this title, nothing in this title precludes a State or 
political subdivision of a State from adopting or enforcing any 
additional requirements for the control or abatement of mercury 
emissions, except that no State or political subdivision thereof shall 
adopt or attempt to enforce any standard relating to the reduction or 
control of mercury emissions from electric utility steam generating 
units that is less stringent than the standards provided in this 
title.''.
[EX A]: Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units (coal-fired electric steam generating units that have nameplate capacities greater than 25 megawatts and generate electricity for sale) to reduce mercury emissions by the less stringent limitation of: (1) 80% capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014; and (2) 90% capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter.

Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units.

Establishes excess emissions penalties for mercury. Sets forth compliance provisions.

Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation; (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations; and (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015.

Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Flexibility Act of 1995''.

SEC. 2. BLOCK GRANTS TO THE STATES FOR HEALTH CARE SERVICES TO NEEDY 
              INDIVIDUALS.

    Title XIX of the Social Security Act (42 U.S.C. 1396-1396V) is 
amended to read as follows:

 ``TITLE XIX--BLOCK GRANTS TO STATES FOR HEALTH CARE SERVICES TO NEEDY 
                              INDIVIDUALS

                       ``purpose; implementation

    ``Sec. 1901. (a) Purpose.--The purpose of this title is to 
strengthen families by helping them move from dependence on government 
benefits to economic independence by consolidating Federal assistance 
to the States for health care services and assistance to needy 
individuals into a single grant for such purpose, thereby giving States 
maximum flexibility to--
            ``(1) require beneficiaries who are parents to ensure that 
        their school-age children attend school;
            ``(2) require minors who are beneficiaries to attend 
        school;
            ``(3) require parent beneficiaries to ensure that their 
        children receive the full complement of childhood 
        immunizations;
            ``(4) limit the amount of time able-bodied beneficiaries 
        may receive assistance;
            ``(5) require beneficiaries not to use illegal drugs or 
        abuse other drugs;
            ``(6) require each mother to identify the father of any 
        child for whom she seeks assistance;
            ``(7) deny assistance to illegal aliens;
            ``(8) require individuals who sponsor the residency of 
        legal aliens to support those they sponsor; and
            ``(9) involve religious and charitable organizations, 
        voluntary associations, civic groups, community organizations, 
        nonprofit entities, benevolent and fraternal orders, 
        philanthropic entities, and other groups in the private sector, 
        as appropriate, in the provision of health care services and 
        assistance to needy individuals with the funding States receive 
        under this title.
    ``(b) Implementation.--This purpose shall be implemented in 
accordance with conditions in each State and as determined by State 
law.

                          ``payments to states

    ``Sec. 1902. (a) Amount.--
            ``(1) In general.--Each State shall, subject to the 
        requirements of this title, be entitled to receive quarterly 
        payments for fiscal years 1996, 1997, 1998, 1999, and 2000 in 
        an amount equal to 25 percent of the annual amount determined 
        under paragraph (2) for such fiscal year for carrying out the 
        purpose described in section 1901.
            ``(2) Annual amount.--The annual amount determined under 
        this paragraph is equal to--
                    ``(A) in fiscal year 1996, 105 percent of the 
                amount received by a State in fiscal year 1995 under 
                this title (as in effect in fiscal year 1995); and
                    ``(B) in each fiscal year thereafter, 105 percent 
                of the amount received by a State in the preceding 
                fiscal year under this title (as in effect in such 
                preceding fiscal year).
    ``(b) Funding Requirements.--The Secretary of the Treasury shall 
make quarterly payments described in subsection (a)(1) directly to each 
State in accordance with section 6503 of title 31, United States Code.
    ``(c) Expenditure of Funds; Rainy Day Fund.--Amounts received by a 
State under this title for any fiscal year shall be expended by the 
State in such fiscal year or in the succeeding fiscal year; except for 
such amounts as the State deems necessary to set aside in a separate 
account to provide, without fiscal limitation, for unexpected levels of 
assistance during periods of high unemployment or other events which 
cause unexpected increases in the need for health care services or 
assistance for needy individuals. Any amounts remaining in such 
segregated accounts after fiscal year
 2000 shall be expended by a State for the purpose described in section 
1901 of this title as in effect in fiscal year 2000.
    ``(d) Authority To Use Portion of Grant for Other Purposes.--
            ``(1) In general.--A State may use not more than 30 percent 
        of the annual amount paid to the State under this title for a 
        fiscal year to carry out a State program pursuant to any or all 
        of the following provisions of law:
                    ``(A) Part A of title IV of this Act.
                    ``(B) Title XVI of this Act.
                    ``(C) The Food Stamp Act.
            ``(2) Applicable rules.--Any amount paid to the State under 
        this title that is used to carry out a State program pursuant 
        to a provision of law specified in paragraph (1) shall not be 
        subject to the requirements of this title, but shall be subject 
        to the requirements that apply to Federal funds provided 
        directly under the provision of law to carry out the program.

               ``administrative and fiscal accountability

    ``Sec. 1903. (a) Audits; Reimbursement.--
            ``(1) Audits.--
                    ``(A) In general.--A State shall, not less than 
                annually, audit the State expenditures from amounts 
                received under this title. Such audit shall--
                            ``(i) determine the extent to which such 
                        expenditures were or were not expended in 
                        accordance with this title; and
                            ``(ii) be conducted by an approved entity 
                        (as defined in subparagraph (B)) in accordance 
                        with generally accepted auditing principles.
                    ``(B) Approved entity.--For purposes of 
                subparagraph (A), the term `approved entity' means an 
                entity that is--
                            ``(i) approved by the Secretary of the 
                        Treasury;
                            ``(ii) approved by the chief executive 
                        officer of the State; and
                            ``(iii) independent of any agency 
                        administering activities or services funded 
                        under this title.
            ``(2) Reimbursement.--
                    ``(A) In general.--Not later than 30 days following 
                the completion of an audit under this subsection, a 
                State shall submit a copy of the audit to the State 
                legislature and to the Secretary of the Treasury.
                    ``(B) Repayment.--Each State shall pay to the 
                United States amounts ultimately found by the approved 
                entity under paragraph (1)(A) not to have been expended 
                in accordance with this title plus 10 percent of such 
                amount as a penalty, or the Secretary of the Treasury 
                may offset such amounts plus the 10 percent penalty 
                against any other amount in any other year that the 
                State may be entitled to receive under this title.
    ``(b) Additional Accounting Requirements.--The provisions of 
chapter 75 of title 31, United States Code, shall apply to the audit 
requirements of this section.
    ``(c) Reporting Requirements; Form, Contents.--
            ``(1) Annual reports.--A State shall prepare comprehensive 
        annual reports on the activities carried out with amounts 
        received by the State under this title.
            ``(2) Content.--Reports prepared under this section--
                    ``(A) shall be for the most recently completed 
                fiscal year;
                    ``(B) shall be in accordance with generally 
                accepted accounting principles, including the 
                provisions of chapter 75 of title 31, United States 
                Code;
                    ``(C) shall include the results of the most recent 
                audit conducted in accordance with the requirements of 
                paragraph (a) of this section; and
                    ``(D) shall be in such form and contain such other 
                information as the State deems necessary--
                            ``(i) to provided an accurate description 
                        of such activities; and
                            ``(ii) to secure a complete record of the 
                        purposes for which amounts were expended in 
                        accordance with this title.
            ``(3) Copies.--A State shall make copies of the reports 
        required under this section available for public inspection 
        within the State. Copies also shall be provided upon request to 
        any interested public agency, and each such agency may provide 
        its views on such reports to the Congress.
    ``(d) Administrative Supervision.--
            ``(1) Role of the secretary of the treasury.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall supervise the amounts received under this title 
                in accordance with subparagraph (B).
                    ``(B) Limited supervision--The supervision by the 
                Secretary of the Treasury shall be limited to--
                            ``(i) making quarterly payments to the 
                        States in accordance with section 1902(b);
                            ``(ii) approving the entities referred to 
                        in subsection (a)(1)(B); and
                            ``(iii) withholding payment to a State 
                        based on the findings of such an entity in 
                        accordance with subsection (a)(2)(B).
            ``(2) Other federal supervision.--No administrative officer 
        or agency of the United States, other than the Secretary of the 
        Treasury and, as provided for in section 1904, the Attorney 
        General, shall supervise the amounts received by the States 
        under this title or the use of such amounts by the States.
    ``(e) Limited Federal Oversight.--With the exception of the 
Department of the Treasury as provided for in this section and section 
1904 of this title, no Federal department or agency may promulgate 
regulations or issue rules regarding the purpose of this title.

                     ``nondiscrimination provisions

    ``Sec. 1904. (a) No Discrimination Against Individuals.--No 
individual shall be excluded from participation in, denied the benefits 
of, or subjected to discrimination under any program or activity funded 
in whole or in part with amounts received under this title on the basis 
of such individual's--
            ``(1) disability under section 504 of the Rehabilitation 
        Act of 1973 (29 U.S.C. 794);
            ``(2) sex under title IX of the Education Amendments of 
        1972 (20 U.S.C. 1681 et seq.); or
            ``(3) race, color, or national origin under title VI of the 
        Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
    ``(b) Compliance.--If the Secretary of the Treasury determines that 
a State, or an entity that has received funds from amounts received by 
the State under this title, has failed to comply with a provision of 
law referred to in subsection (a), except as provided for in section 
1905 of this title, the Secretary of the Treasury shall notify the 
chief executive officer of the State and shall request the officer to 
secure compliance with such provision of law. If, not later than 60 
days after receiving such notification, the chief executive officer 
fails or refuses to secure compliance, the Secretary of the Treasury 
may--
            ``(1) refer the matter to the Attorney General with a 
        recommendation that an appropriate civil action be instituted;
            ``(2) exercise the powers and functions provided under 
        title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 
        1681 et seq.); or section 505 of the Rehabilitation Act of 1973 
        (29 U.S.C. 794a), (as applicable); or
            ``(3) take such other action as may be provided by law.
    ``(c) Authority of Attorney General; Civil Actions.--When a matter 
is referred to the Attorney General pursuant to subsection (b)(1), or 
if the Attorney General has reason to believe that an entity is engaged 
in a pattern or practice in violation of a provision of law referred to 
in subsection (a), the Attorney General may bring a civil action in an 
appropriate district court of the United States for such relief as may 
be appropriate, including injunctive relief.

    ``nondiscrimination and institutional safeguards for religious 
                               providers

    ``Sec. 1905. (a) Purpose.--The purpose of this section is to allow 
the participation of religious and charitable organizations as 
providers of health care services and assistance under this title 
without impairing or diminishing the religious character or freedom of 
such organizations.
    ``(b) Nondiscrimination.--Religious organizations are eligible as 
providers of health care services and assistance as provided for under 
this title. Neither the Federal Government nor a State receiving funds 
under this title shall discriminate against an organization which is or 
applies to be a provider of health care services and assistance on the 
basis that the organization has a religious mission or purpose.
    ``(c) Religious Character and Freedom.--
            ``(1) In general.--Nothwithstanding any other provision of 
        law, any religious organization participating as a provider of 
        health care services and assistance funded under this title 
        shall retain its independence from Federal, State, and local 
        governments, including such organization's control over the 
        definition, development, practice, and expression of its 
        religious beliefs. Such
         an organization may select, employ, promote, discipline, and 
dismiss its clerics and other ecclesiastics, directors, officers, 
employees, and volunteers on the basis of religion, a religious belief, 
or a religious practice. However, a religious organization shall not 
deny a needy individual health care services and assistance funded 
under this title on the basis of religion, a religious belief, or 
refusal to participate in a religious practice.
            ``(2) Additional safeguards.--Neither the Federal 
        Government nor a State shall require a religious provider of 
        health care services and assistance to--
                    ``(A) alter its form of internal governance, or 
                form a separate, nonprofit corporation to receive and 
                administer the assistance funded under this title; or
                    ``(B) alter real estate of facilities used to 
                provide such assistance, including but not limited to 
                the removal of religious art, icons, scripture, or 
                other symbols;
        in order to be eligible to be a provider of health care 
        services and assistance funded under this title.
            ``(3) Fiscal accountability.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any religious organization providing 
                assistance funded under this title shall be subject to 
                the same regulations as other providers to account in 
                accord with generally accepted auditing principles for 
                the use of such funds provided under this title.
                    ``(B) Limited audit.--Religious organizations may 
                segregate Federal funds provided under this title into 
                separate accounts, and then only the financial 
                assistance provided with those funds shall be subject 
                to audit.
    ``(d) Compliance.--A religious organization which has its rights 
under this section violated may enforce its claim by asserting a civil 
action for such relief as may be appropriate, including injunctive 
relief or damages, in an appropriate district court of the United 
States against the entity or agency that commits such violation.
    ``(e) Rights of Beneficiaries of Assistance.--
            ``(1) In general.--If a beneficiary has a bona fide 
        objection to the religious character of the organization or 
        institution from which the beneficiary is receiving health care 
        services and assistance funded under this title, each State 
        shall provide such beneficiary a certificate, redeemable with 
        any other provider of assistance funded under this title, for 
        services the value of which is no less than the value of the 
        funding received by the religious provider from a State to 
        provide assistance funded under this title for such individual.
            ``(2) Prohibition on providing cash in exchange for 
        certificates.--No provider of assistance funded under this 
        title shall provide a beneficiary a cash amount in exchange for 
        a certificate provided for under paragraph (1).

                         ``emergency assistance

    ``Sec. 1906. (a) In General.--Health care services and assistance 
funded under this title must be provided to a citizen, legal resident, 
or an alien who is not lawfully admitted for permanent residence or 
otherwise permanently residing in the United States under color of law, 
if--
            ``(1) such services and assistance are necessary for the 
        treatment of an emergency medical condition;
            ``(2) such person otherwise meets the eligibility 
        requirements for health care services and assistance under the 
        State program funded under this title; and
            ``(3) such services and assistance are not related to an 
        organ transplant procedure.
    ``(b) Emergency Medical Condition.--For purposes of this section, 
the term `emergency medical condition' means a medical condition 
(including emergency labor and delivery) manifesting itself by acute 
symptoms of sufficient severity (including severe pain) such that the 
absence of immediate medical attention could reasonably be expected to 
result in--
            ``(1) placing the patient's health in serious jeopardy;
            ``(2) serious impairment to bodily functions; or
            ``(3) serious dysfunction of any bodily organ or part.''.

SEC 3. CONFORMING AMENDMENTS TO THE BUDGET ACT.

    Section 255(h) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 905(h)) is amended by striking ``Grants to States 
for Medicaid (75-0512-0-1-551);'' and inserting ``Block grants to 
States for health care services to needy individuals;''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on October 1, 
1995.
[EX A]:
Medicaid Flexibility Act of 1995 - Amends title XIX (Medicaid) of the Social Security Act to replace the Medicaid program with a program of block grants to States for health care services to needy individuals.