[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1874 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1874

 To allow any business or individual in any State experiencing a power 
 emergency to operate any type of power generation available to ensure 
           their economic stability, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2001

Mr. Hunter (for himself, Mr. Royce, Mr. Cunningham, Mr. Doolittle, Mr. 
 Herger, Mr. Ose, Mr. Pombo, Mr. Radanovich, Mr. Gallegly, Mr. McKeon, 
 Mr. Dreier, Mr. Horn, Mr. Lewis of California, Mr. Gary G. Miller of 
 California, Mr. Calvert, Mrs. Bono, Mr. Rohrabacher, Mr. Cox, and Mr. 
    Issa) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To allow any business or individual in any State experiencing a power 
 emergency to operate any type of power generation available to ensure 
           their economic stability, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EMERGENCY GENERATION.

    (a) In General.--Notwithstanding any other provision of law, the 
Governor of a State may authorize any business or individual in any 
State experiencing a power emergency declared by the Governor to 
operate, at any time during that emergency (but not for more than 6 
consecutive months), any type of power generation available, using any 
type of fuel available, to ensure the economic stability of such 
business or individual. Following the expiration of any authorization 
under this section, the Governor may issue one or more subsequent 
authorizations in accordance with this section.
    (b) Effect on Air Quality.--No additional emissions attributable to 
electric power generation permitted solely by reason of an 
authorization under subsection (a) shall be taken into account for 
purposes of determining under Part D of title I of the Clean Air Act 
the attainment or nonattainment status of any area or for purposes of 
determining the nonattainment classification or attainment date of any 
such area under such Part D. Notwithstanding any such additional 
emissions, the Administrator of the Environmental Protection Agency 
shall not disapprove the State implementation plan under the Clean Air 
Act, or promulgate a plan or plan provisions under section 110(c) of 
that Act, for that State if the applicable implementation plan under 
such Act for that State would not have been disapproved, and no such 
plan or plan provisions would have been promulgated by the 
Administrator, in the absence of such additional emissions.
    (c) Stay or Injunctions Prohibited.--No stay or injunction may be 
issued by any court under section 304 of the Clean Air Act against the 
Administrator of the Environmental Protection Agency or the State of 
California regarding any additional emissions attributable to electric 
power generation permitted solely by reason of an authorization under 
subsection (a).
    (d) Definition.--For purposes of this Act, the term ``State 
declared power emergency'' means, for any State, that an appropriate 
State agency has determined that the available supply of electricity in 
the State is not more than 107 percent of the projected electric 
demand.
                                 <all>