[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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