[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 609 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 609

 To provide for the establishment of a committee to assess the effects 
                of certain Federal regulatory mandates.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

Mr. Inhofe (for himself and Mr. Johanns) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide for the establishment of a committee to assess the effects 
                of certain Federal regulatory mandates.

    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 ``Comprehensive Assessment of 
Regulations on the Economy Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Committee.--The term ``Committee'' means the Cumulative 
        Regulatory Assessment Committee established by section 3(a).
            (3) Federal regulatory mandate.--The term ``Federal 
        regulatory mandate'' means any regulation, rule, requirement, 
        or interpretative guidance that--
                    (A) is promulgated or issued (or is expected to be 
                initiated) by the Administrator or a State or local 
                government during the period beginning on January 1, 
                2010, and ending on January 1, 2020;
                    (B) applies to 1 or more impacted units; and
                    (C) implements any provision or requirement 
                relating to--
                            (i) interstate or international transport 
                        of air pollution under section 110(a)(2)(D), 
                        115, or 126(b) of the Clean Air Act (42 U.S.C. 
                        7410(a)(2)(D), 7415, 7426(b)) with respect to 
                        any national ambient air quality standard, 
                        including--
                                    (I) any standard that has been 
                                promulgated or proposed before July 1, 
                                2011; and
                                    (II) any new or revised standard 
                                for ozone or fine particulate matter 
                                that, as of the date of enactment of 
                                this Act, is currently under review or 
                                development by the Administrator; and
                            (ii) the attainment, or maintenance of 
                        attainment, of any national ambient air quality 
                        standard, including--
                                    (I) any new or revised standard for 
                                ozone or fine particulate matter that, 
                                as of the date of enactment of this 
                                Act, is currently under review or 
                                development by the Administrator; and
                                    (II) any other standard that has 
                                been promulgated or proposed before 
                                July 1, 2011;
                            (iii) new source performance standards 
                        under section 111 of the Clean Air Act (42 
                        U.S.C. 7411), including any standards under 
                        subsection (d) of that section;
                            (iv) hazardous air pollutants under section 
                        112 of the Clean Air Act (42 U.S.C. 7412);
                            (v) greenhouse gas emissions under titles 
                        I, II, and V of the Clean Air Act (42 U.S.C. 
                        7401 et seq.), including the requirements for--
                                    (I) new source performance 
                                standards under section 111 of the 
                                Clean Air Act (42 U.S.C. 7411), 
                                including any standards under 
                                subsection (d) of that section; and
                                    (II) preconstruction review permits 
                                under section 165 of the Clean Air Act 
                                (42 U.S.C. 7475);
                            (vi) cooling water intake structures under 
                        section 316(b) of the Clean Water Act (33 
                        U.S.C. 1326(b));
                            (vii) effluent guidelines for regulating 
                        the discharge of pollutants under section 304 
                        of the Clean Water Act (33 U.S.C. 1314);
                            (viii) the handling and disposal of coal 
                        combustion residuals under subtitle C or D of 
                        the Solid Waste Disposal Act (42 U.S.C. 6921 et 
                        seq.);
                            (ix) the regulation of fuels under title II 
                        of the Clean Air Act (42 U.S.C. 7521 et seq.);
                            (x) regional haze or reasonably 
                        attributable visibility impairment under 
                        section 169A or section 169B of the Clean Air 
                        Act (42 U.S.C. 7491, 7492); and
                            (xi) any other environmental regulations 
                        expected to have a significant impact on the 
                        electric power sector, the petroleum refining 
                        sector, the petrochemical production sector, 
                        pipeline facilities regulated by the Department 
                        of Transportation or the Environmental 
                        Protection Agency, exploration, production, or 
                        transportation of oil and natural gas, or any 
                        other manufacturing sector.
            (4) Impacted unit.--The term ``impacted unit'' means--
                    (A) any electric generating unit that sells 
                electricity into the grid;
                    (B) any industrial, commercial, or institutional 
                boiler or process heater;
                    (C) any petroleum refining facility that produces 
                gasoline, heating oil, diesel fuel, jet fuel, kerosene, 
                or petrochemical feedstocks;
                    (D) any petrochemical facility;
                    (E) any hydrocarbon exploration, extraction, 
                manufacturing, production, or transportation facility; 
                or
                    (F) any biofuel facility.

SEC. 3. CUMULATIVE REGULATORY ASSESSMENT COMMITTEE.

    (a) Establishment.--There is established within the Department of 
Commerce a Committee, to be known as the ``Cumulative Regulatory 
Assessment Committee''.
    (b) Composition of Committee.--The Committee shall consist of the 
following officials (or designees of the officials):
            (1) The Secretary of Agriculture.
            (2) The Secretary of Commerce.
            (3) The Secretary of Defense.
            (4) The Chairperson of the Council of Economic Advisers.
            (5) The Secretary of Energy.
            (6) The Administrator.
            (7) The Chairperson of the Federal Energy Regulatory 
        Commission.
            (8) The Secretary of Labor.
            (9) The Administrator of the Office of Information and 
        Regulatory Affairs.
            (10) The President and Chief Executive Officer of the North 
        American Electric Reliability Corporation.
            (11) The Chief Counsel for Advocacy of the Small Business 
        Administration.
    (c) Leadership; Operations.--The Secretary of Commerce shall--
            (1) serve as the Chairperson of the Committee; and
            (2) be responsible for the executive and administrative 
        operation of the Committee.
    (d) Identification of Federal Regulatory Mandates.--Not later than 
30 days after the date of enactment of this Act, the Administrator 
shall provide to the Committee a list of Federal regulatory mandates.
    (e) Duties.--
            (1) Assessment.--
                    (A) In general.--The Committee shall perform an 
                assessment of the cumulative energy and economic 
                impacts of the Federal regulatory mandates in 
                accordance with this subsection, including direct, 
                indirect, quantifiable, and qualitative effects on--
                            (i) employment, including job levels in 
                        each segment of the economy and each region of 
                        the United States, including coal-producing 
                        regions;
                            (ii) economic development, including 
                        production levels and labor demands in 
                        manufacturing, commercial, and other sectors of 
                        the economy;
                            (iii) the electric power sector, including 
                        potential impacts on electric reliability, 
                        energy security, and retail electricity rates;
                            (iv) the domestic refining and 
                        petrochemical sector, including potential 
                        impacts on supply, international 
                        competitiveness, wholesale and retail 
                        transportation fuels, and heating oil and 
                        petrochemical prices;
                            (v) State and local governments, including 
                        potential impacts on governmental operations 
                        and local communities from any reductions in 
                        State and local tax revenues;
                            (vi) small businesses (as defined in 
                        section 601 of title 5, United States Code), 
                        including economic and regulatory impacts that 
                        could force the shutdown or limit the growth of 
                        small businesses;
                            (vii) agriculture, including economic and 
                        regulatory impacts that could force the 
                        shutdown, or limit growth or productive 
                        capacity, of the agricultural industry in the 
                        United States, including the domestic 
                        fertilizer manufacturing industry; and
                            (viii) energy-intensive, trade-exposed 
                        industry (as defined in North American Industry 
                        Classification System codes 31, 32, and 33) 
                        (including the beneficiation or processing 
                        (including agglomeration) of metal ores 
                        (including iron and copper ores), soda ash, or 
                        phosphate, petroleum refining, and 
                        petrochemicals production), including economic 
                        and regulatory impacts that could force the 
                        shutdown, or limit growth of productive 
                        capacity, of the United States manufacturing 
                        industry.
                    (B) Comprehensive analysis.--The assessment shall 
                include a comprehensive analysis, for the period 
                beginning on January 1, 2012, and ending on December 
                31, 2025, of the following matters:
                            (i) The impacted units that would likely 
                        retire due to the cumulative compliance costs 
                        of the Federal regulatory mandates.
                            (ii) The amount by which average retail 
                        electricity prices are forecasted to increase 
                        above inflation as a result of--
                                    (I) the cumulative compliance costs 
                                of the Federal regulatory mandates;
                                    (II) the retirement of electric 
                                generating units that are impacted 
                                units described in clause (i); and
                                    (III) other direct and indirect 
                                impacts that are expected to result 
                                from the cumulative compliance 
                                obligations of the Federal regulatory 
                                mandates.
                            (iii) The amount by which average retail 
                        transportation fuel and heating oil prices are 
                        forecasted to increase above inflation as a 
                        result of--
                                    (I) the cumulative compliance costs 
                                of the Federal regulatory mandates;
                                    (II) the retirement or closure of 
                                domestic refineries that are impacted 
                                units described in clause (i);
                                    (III) the likely foreign-sourced 
                                replacement for the transportation 
                                fuels and heating oil supplies loss 
                                caused by the retirements or closures 
                                identified under subclause (II); and
                                    (IV) other direct and indirect 
                                impacts that are expected to result 
                                from the cumulative compliance 
                                obligations of the Federal regulatory 
                                mandates.
                            (iv) The amount by which average 
                        petrochemical prices are forecasted to increase 
                        above inflation as a result of--
                                    (I) the cumulative compliance costs 
                                of the Federal regulatory mandates;
                                    (II) the retirement or closure of 
                                domestic petrochemical facilities that 
                                are impacted units described in clause 
                                (i);
                                    (III) the likely foreign-sourced 
                                replacement for the petrochemical 
                                supplies loss caused by the retirements 
                                or closures identified under subclause 
                                (II); and
                                    (IV) other direct and indirect 
                                impacts that are expected to result 
                                from the cumulative compliance 
                                obligations of the Federal regulatory 
                                mandates.
                            (v) The direct and indirect adverse impacts 
                        on the economies of local communities that are 
                        projected to result from the retirement of 
                        impacted units described in clause (i) and 
                        increased retail electricity, transportation 
                        fuels, heating oil, and petrochemical prices 
                        that are forecasted under clause (ii), 
                        including--
                                    (I) loss of jobs, including jobs 
                                that would be lost that relate directly 
                                or indirectly to coal production or 
                                petroleum refining;
                                    (II) reduction in State and local 
                                tax revenues;
                                    (III) harm to small businesses;
                                    (IV) harm to consumers;
                                    (V) reduction in--
                                            (aa) the production and use 
                                        of coal; and
                                            (bb) the domestic 
                                        production of transportation 
                                        fuels, heating oil, and 
                                        petrochemicals in the United 
                                        States; and
                                    (VI) other resulting adverse 
                                economic or energy impacts.
                            (vi) The extent to which the direct and 
                        indirect adverse economic impacts identified 
                        under clause (v) can be mitigated through the 
                        creation of additional jobs and new economic 
                        growth as a result of renewable energy 
                        projects, energy efficiency measures, and other 
                        such energy construction projects that are 
                        projected to be undertaken in order to meet 
                        future energy demands.
                            (vii) The cumulative effects of Federal 
                        regulatory mandates on the ability of 
                        industries and businesses in the United States 
                        to compete with industries and businesses in 
                        other countries, with respect to 
                        competitiveness in both domestic and foreign 
                        markets.
                            (viii) The regions of the United States 
                        that are forecasted to be--
                                    (I) most affected from the direct 
                                and indirect adverse impacts from the 
                                retirement of impacted units and 
                                increased retail electricity, 
                                transportation fuels, heating oil, and 
                                petrochemicals price, as identified 
                                under clause (v); and
                                    (II) least affected from such 
                                adverse impacts due to the creation of 
                                new jobs and economic growth that are 
                                expected to result directly and 
                                indirectly from the energy construction 
                                projects, as identified under clause 
                                (vi).
                            (ix) The cumulative effects of the Federal 
                        regulatory mandates on the electric power 
                        sector, including--
                                    (I) adverse impacts on electric 
                                reliability that are expected to result 
                                from the retirement of electric 
                                generating units identified under 
                                clause (i);
                                    (II) the geographical distribution 
                                of the projected adverse electric 
                                reliability impacts identified in 
                                subclause (I), according to the regions 
                                established by North American Electric 
                                Reliability Corporation; and
                                    (III) an assessment of whether 
                                current plans to expand electricity 
                                generation and transmission 
                                capabilities for each particular region 
                                can be optimized to mitigate those 
                                projected adverse reliability impacts.
                            (x) Federal, State, and local policies that 
                        have been or will be implemented to foster a 
                        transition in energy infrastructure in the 
                        United States, including those policies that 
                        promote fuel diversity, affordable and reliable 
                        electricity, and energy security.
            (2) Consultation with state and local governments.--The 
        Committee shall consult with representatives of State and local 
        governments--
                    (A) to identify potential adverse cumulative 
                impacts of the Federal regulatory mandates that have 
                unique or significant repercussions for each particular 
                region of the United States; and
                    (B) to investigate opportunities and strategies for 
                mitigating the adverse impacts and repercussions 
                identified under subparagraph (A).
            (3) Methodology.--The Committee shall--
                    (A) use the best available information and peer-
                reviewed economic models in performing the cumulative 
                regulatory impact assessment under this subsection; and
                    (B) seek public comment on the cost, energy, and 
                other modeling assumptions used in performing the 
                assessment.
            (4) Public notice and comment.--The Committee shall provide 
        public notice and the opportunity for comment on a draft 
        cumulative regulatory impact assessment to be prepared under 
        this subsection.
            (5) Report to congress and states.--Not later than January 
        1, 2012, the Committee shall submit to Congress and the 
        Governor of each State a detailed report of the cumulative 
        assessment performed under this subsection.

SEC. 4. SAVINGS CLAUSE.

    Nothing in this Act confirms, modifies, or otherwise affects the 
statutory authority for adopting and implementing the Federal 
regulatory mandates.
                                 <all>