I 112th CONGRESS 1st Session H. R. 1872 IN THE HOUSE OF REPRESENTATIVES May 12, 2011 Mrs. Capito introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Administrator of the Environmental Protection Agency to consider the impact on employment levels and economic activity prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, and for other purposes.

1.

Short title

This Act may be cited as the Employment Protection Act of 2011.

2.

Impacts of EPA regulatory activity on employment and economic activity

(a)

Analysis of impacts of actions on employment and economic activity

(1)

Analysis

Prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, the Administrator shall analyze the impact, disaggregated by State, of such regulation, policy statement, guidance, requirement, program, or permit on employment levels and economic activity. (2)

Economic models

(A)

In general

In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B)

Annual GAO report

Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3)

Availability of information

With respect to any regulation, policy statement, guidance, requirement, program, or permit, the Administrator shall— (A)post the analysis under paragraph (1) as a link on the main page of the public Web site of the Environmental Protection Agency; and (B)request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (4)

Clean Water Act and other permits

Analysis under paragraph (1) shall include estimated job losses and decreased economic activity due to the denial or issuance of permits, including permits issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b)

Public hearings

(1)

In general

If the Administrator concludes under subsection (a)(1) that a regulation, policy statement, guidance, requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity in a State, then the Administrator shall hold a public hearing in each such State at least 30 days prior to— (A)the effective date of the regulation, policy statement, guidance, requirement, or program; or (B)the denial or issuance of the permit. (2)

Time, location, and selection

A public hearing required by paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (3)

Citizen suits

(A)

In general

If a public hearing is required by paragraph (1) with respect to any State, and the Administrator fails to hold such a public hearing in accordance with paragraphs (1) and (2), any resident of such State may bring an action in any United States district court in such State to compel compliance with such paragraphs. (B)

Relief

If a party prevails in an action against the Administrator under subparagraph (A), then the district court— (i)shall enjoin the regulation, policy statement, guidance, requirement, program, or permit that is the subject of the action; and (ii)may award reasonable attorneys fees and costs. (C)

Appeal

Upon appeal of an injunction issued under subparagraph (B), the court of appeals— (i)shall require the submission of briefs not later than 30 days after the filing of such appeal; (ii)may not stay the injunction prior to hearing oral arguments; and (iii)shall make its final decision not later than 90 days after the filing of such appeal. (c)

Notification

If the Administrator concludes under subsection (a)(1) that a regulation, policy statement, guidance, requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity in any State, then the Administrator shall give notice of such impact to the State’s Congressional delegation, Governor, and Legislature at least 45 days prior to— (1)the effective date of the regulation, policy statement, guidance, requirement, or program; or (2)the denial or issuance of the permit. (d)

Definitions

In this section: (1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency. (2)

De minimis negative impact

The term de minimis negative impact means the following: (A)With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B)With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.