[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5038 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5038

To prohibit the importation of electricity into the United States from 
Mexico if produced in electric energy generation units near the United 
States border that do not comply with air quality control requirements 
that provide air quality protection that is at least equivalent to the 
   protection provided by the requirements applicable to the United 
                                States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2002

  Mr. Filner introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
To prohibit the importation of electricity into the United States from 
Mexico if produced in electric energy generation units near the United 
States border that do not comply with air quality control requirements 
that provide air quality protection that is at least equivalent to the 
   protection provided by the requirements applicable to the United 
                                States.

    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 ``Air Basin Clean or ABC Act of 
2002''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) limiting the supply of natural gas from the United 
        States to power plants south of the U.S.-Mexico border that are 
        out of compliance with air quality control requirements 
        applicable in the United States is a questionable endeavor 
        according to a recent environmental document;
            (2) the Federal Energy Regulatory Commission Environmental 
        Impact Statement on a natural gas pipeline concludes that 
        ``without an adequate supply of natural gas, all [Mexican 
        border] power plants would need to be fueled by another energy 
        source, most likely diesel fuel, with substantial greater air 
        quality impacts'';
            (3) border counties often are severely impacted by air 
        pollution and are out of attainment with national and state air 
        pollution standards, and new air pollution introduced into the 
        border air basin would have serious consequences to the health 
        of the counties' citizens.

SEC. 3. PROHIBITION ON IMPORTATION OF CERTAIN ELECTRICITY FROM MEXICO.

    (a) Prohibition.--No person may import electricity from Mexico that 
is produced at any electric energy generation unit that--
            (1) has a generation capacity greater than 50 megawatts;
            (2) is located within 50 miles of the United States;
            (3) is first placed into operation, or is modified to have 
        the capability to use natural gas, after December 31, 2001; and
            (4) does not comply with air quality control requirements 
        that the Secretary of Commerce, in consultation with the 
        Administrator of the Environmental Protection Agency, 
        determines provide air quality protection that is at least 
        equivalent to the protection provided by the air pollution 
        emission rate requirements applicable in the air quality 
        control region in the United States that is closest to that 
        unit.
    (b) Authority.--To carry out this Act, the President shall exercise 
the authority under the Export Administration Act of 1979 (50 U.S.C. 
App. 2401 et. seq.)(as continued in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et. seq.) and Executive 
Order No. 12924 (50 U.S.C. 1701 note)).
    (c) Penalties.--Penalties provided under section 11 of the Export 
Administration Act of 1979 (50 U.S.C. App. 2410) shall apply to 
violations of this Act to the same extent as those penalties apply to 
violations under that Act.
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