[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4035 Introduced in House (IH)]
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114th CONGRESS
1st Session
H. R. 4035
To protect consumers by prohibiting the Administrator of the
Environmental Protection Agency from promulgating as final certain
energy-related rules that are estimated to cost more than $100,000,000
and will cause significant adverse effects to the economy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2015
Mr. Fleming introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To protect consumers by prohibiting the Administrator of the
Environmental Protection Agency from promulgating as final certain
energy-related rules that are estimated to cost more than $100,000,000
and will cause significant adverse effects to the economy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Consumers Relief Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Direct costs.--The term ``direct costs'' has the
meaning given the term in chapter 8 of the report of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(3) Energy-related rule that is estimated to cost more than
$100,000,000.--The term ``energy-related rule that is estimated
to cost more than $100,000,000'' means a rule of the
Environmental Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for such
regulation by States or other governmental entities;
and
(B) is estimated by the Administrator or the
Director of the Office of Management and Budget to
impose direct costs and indirect costs, in the
aggregate, of more than $100,000,000.
(4) Indirect costs.--The term ``indirect costs'' has the
meaning given the term in chapter 8 of the report of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(5) Rule.--The term ``rule'' has the meaning given to the
term in section 551 of title 5, United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES
THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE
ECONOMY.
Notwithstanding any other provision of law, the Administrator may
not promulgate as final an energy-related rule that is estimated to
cost more than $100,000,000 if the Secretary determines under section
4(b)(3) that the rule will cause significant adverse effects to the
economy.
SEC. 4. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL
CERTAIN ENERGY-RELATED RULES.
(a) In General.--Before promulgating as final any energy-related
rule that is estimated to cost more than $100,000,000, the
Administrator shall carry out the requirements of subsection (b).
(b) Requirements.--
(1) Report to congress.--The Administrator shall submit to
Congress and the Secretary a report containing--
(A) a copy of the rule;
(B) a concise general statement relating to the
rule;
(C) an estimate of the total costs of the rule,
including the direct costs and indirect costs of the
rule;
(D)(i) an estimate of the total benefits of the
rule and when such benefits are expected to be
realized;
(ii) a description of the modeling, the
calculations, the assumptions, and the limitations due
to uncertainty, speculation, or lack of information
associated with the estimates under this subparagraph;
and
(iii) a certification that all data and documents
relied upon by the Environmental Protection Agency in
developing the estimates--
(I) have been preserved; and
(II) are available for review by the public
on the Web site of the Environmental Protection
Agency, except to the extent to which
publication of the data and documents would
constitute disclosure of confidential
information in violation of applicable Federal
law;
(E) an estimate of the increases in energy prices,
including potential increases in gasoline or
electricity prices for consumers, that may result from
implementation or enforcement of the rule; and
(F) a detailed description of the employment
effects, including potential job losses and shifts in
employment, that may result from implementation or
enforcement of the rule.
(2) Initial determination on increases and impacts.--The
Secretary, in consultation with the Federal Energy Regulatory
Commission and the Administrator of the Energy Information
Administration, shall prepare an independent analysis to
determine whether the rule will cause any--
(A) increase in energy prices for consumers,
including low-income households, small businesses, and
manufacturers;
(B) impact on fuel diversity of the electricity
generation portfolio of the United States or on
national, regional, or local electric reliability;
(C) adverse effect on energy supply, distribution,
or use due to the economic or technical infeasibility
of implementing the rule; or
(D) other adverse effect on energy supply,
distribution, or use, including a shortfall in supply
and increased use of foreign supplies.
(3) Subsequent determination on adverse effects to the
economy.--If the Secretary determines under paragraph (2) that
the rule will cause an increase, impact, or effect described in
that paragraph, the Secretary, in consultation with the
Administrator, the Secretary of Commerce, the Secretary of
Labor, and the Administrator of the Small Business
Administration, shall--
(A) determine whether the rule will cause
significant adverse effects to the economy, taking into
consideration--
(i) the costs and benefits of the rule and
limitations in calculating the costs and
benefits due to uncertainty, speculation, or
lack of information; and
(ii) the positive and negative impacts of
the rule on economic indicators, including
those related to gross domestic product,
unemployment, wages, consumer prices, and
business and manufacturing activity; and
(B) publish the results of the determination made
under subparagraph (A) in the Federal Register.
SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.
(a) Definition of Social Cost of Carbon.--In this section, the term
``social cost of carbon'' means--
(1) the social cost of carbon as described in the technical
support document entitled ``Technical Support Document:
Technical Update of the Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866'', published by the
Interagency Working Group on Social Cost of Carbon, United
States Government, in May 2013 (or any successor or
substantially related document); or
(2) any other estimate of the monetized damages associated
with an incremental increase in carbon dioxide emissions in a
given year.
(b) Prohibition on Use of Social Cost of Carbon in Analysis.--
Notwithstanding any other provision of law or any Executive order, the
Administrator may not use the social cost of carbon to incorporate
social benefits of reducing carbon dioxide emissions, or for any other
reason, in any cost-benefit analysis relating to an energy-related rule
that is estimated to cost more than $100,000,000 unless a Federal law
is enacted authorizing the use.
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