[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1292 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1292

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 document, endangerment 
 finding, or other requirement, implementing any new or substantially 
    altered program, or denying any permit, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2011

  Mr. Toomey introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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 document, endangerment 
 finding, or other requirement, implementing any new or substantially 
    altered program, or denying any permit, 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. SHORT TITLE.

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

SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
              ACTIVITY.

    (a) 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--
                    (A) with respect to employment levels, a loss of 
                more than 100 jobs, subject to the condition that any 
                offsetting job gains that result from the hypothetical 
                creation of new jobs through new technologies or 
                government employment may not be used to offset the job 
                loss calculation; and
                    (B) with respect to economic activity, a decrease 
                in economic activity of more than $1,000,000 during any 
                calendar year, subject to the condition that 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.
    (b) Analysis of Impacts of Actions on Employment and Economic 
Activity.--
            (1) Analysis.--Prior to promulgating any regulation or 
        other requirement, issuing any policy statement, guidance 
        document, or endangerment finding, implementing any new or 
        substantially altered program, or denying any permit, the 
        Administrator shall analyze the impact on employment levels and 
        economic activity, disaggregated by State, of the regulation, 
        requirement, policy statement, guidance document, endangerment 
        finding, program, or permit denial.
            (2) Economic models.--
                    (A) In general.--In carrying out paragraph (1), the 
                Administrator shall use the best available economic 
                models.
                    (B) Annual gao report.--Not later than December 31, 
                2011, and annually thereafter, the Comptroller General 
                of the United States shall submit to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a report on the economic 
                models used by the Administrator to carry out this 
                subsection.
            (3) Availability of information.--With respect to any 
        regulation, requirement, policy statement, guidance document, 
        endangerment finding, program, or permit denial, the 
        Administrator shall--
                    (A) post the analysis under paragraph (1) as a link 
                on the main page of the public Internet website of the 
                Environmental Protection Agency; and
                    (B) request that the Governor of any State 
                experiencing more than a de minimis negative impact 
                post the analysis in the Capitol of the State.
            (4) Clean water act and other permits.--Each analysis under 
        paragraph (1) shall include a description of estimated job 
        losses and decreased economic activity due to the denial of a 
        permit, including any permit denied under the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.).
    (c) Public Hearings.--
            (1) In general.--If the Administrator concludes under 
        subsection (b)(1) that a regulation, requirement, policy 
        statement, guidance document, endangerment finding, program, or 
        permit denial will have more than a de minimis negative impact 
        on employment levels or economic activity in a State, the 
        Administrator shall hold a public hearing in each such State 
        not less than--
                    (A) 30 days before the effective date of the 
                regulation, requirement, policy statement, guidance 
                document, endangerment finding, or program; or
                    (B) 48 hours before the denial of a permit.
            (2) Time, location, and selection.--
                    (A) In general.--A public hearing required by 
                paragraph (1) shall be held at a convenient time and 
                location for impacted residents.
                    (B) Location.--In selecting a location for a public 
                hearing under subparagraph (A), 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 
                the State may bring an action in any United States 
                district court in the State to compel compliance by the 
                Administrator.
                    (B) Relief.--If a resident prevails in an action 
                against the Administrator under subparagraph (A), the 
                United States district court--
                            (i) shall enjoin the regulation, 
                        requirement, policy statement, guidance 
                        document, endangerment finding, program, or 
                        permit denial that is the subject of the 
                        action; and
                            (ii) may award reasonable attorneys' fees 
                        and costs.
                    (C) Appeal.--On appeal of an injunction issued 
                under subparagraph (B)(i), a United States court of 
                appeals--
                            (i) shall require the submission of briefs 
                        not later than 30 days after the date of filing 
                        of the appeal;
                            (ii) may not stay the injunction prior to 
                        hearing oral arguments; and
                            (iii) shall make a final decision not later 
                        than 90 days after the date of filing of the 
                        appeal.
    (d) Notification.--If the Administrator concludes under subsection 
(b)(1) that a regulation, requirement, policy statement, guidance 
document, endangerment finding, program, or permit denial will have 
more than a de minimis negative impact on employment levels or economic 
activity in any State, the Administrator shall provide a notice of the 
de minimis negative impact to the congressional delegation, Governor, 
and legislature of the affected State not later than--
            (1) 45 days before the effective date of the regulation, 
        requirement, policy statement, guidance document, endangerment 
        finding, requirement, or program; or
            (2) 7 days before the denial of the permit.
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