[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1582 Referred in Senate (RFS)]

113th CONGRESS
  1st Session
                                H. R. 1582


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 9, 2013

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
     To protect consumers by prohibiting the Administrator of the 
  Environmental Protection Agency from promulgating as final certain 
 energy-related rules that are estimated to cost more than $1 billion 
       and will cause significant adverse effects to the economy.

    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 ``Energy Consumers Relief Act of 
2013''.

SEC. 2. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES 
              THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE 
              ECONOMY.

    Notwithstanding any other provision of law, the Administrator of 
the Environmental Protection Agency may not promulgate as final an 
energy-related rule that is estimated to cost more than $1 billion if 
the Secretary of Energy determines under section 3(3) that the rule 
will cause significant adverse effects to the economy.

SEC. 3. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL 
              CERTAIN ENERGY-RELATED RULES.

    Before promulgating as final any energy-related rule that is 
estimated to cost more than $1 billion:
            (1) Report to congress.--The Administrator of the 
        Environmental Protection Agency shall submit to Congress a 
        report (and transmit a copy to the Secretary of Energy) 
        containing--
                    (A) a copy of the rule;
                    (B) a concise general statement relating to the 
                rule;
                    (C) an estimate of the total costs of the rule, 
                including the direct costs and indirect costs of the 
                rule;
                    (D)(i) an estimate of the total benefits of the 
                rule and when such benefits are expected to be 
                realized;
                    (ii) a description of the modeling, the 
                calculations, the assumptions, and the limitations due 
                to uncertainty, speculation, or lack of information 
                associated with the estimates under this subparagraph; 
                and
                    (iii) a certification that all data and documents 
                relied upon by the Agency in developing such 
                estimates--
                            (I) have been preserved; and
                            (II) are available for review by the public 
                        on the Agency's Web site, except to the extent 
                        to which publication of such data and documents 
                        would constitute disclosure of confidential 
                        information in violation of applicable Federal 
                        law;
                    (E) an estimate of the increases in energy prices, 
                including potential increases in gasoline or 
                electricity prices for consumers, that may result from 
                implementation or enforcement of the rule; and
                    (F) a detailed description of the employment 
                effects, including potential job losses and shifts in 
                employment, that may result from implementation or 
                enforcement of the rule.
            (2) Initial determination on increases and impacts.--The 
        Secretary of Energy, in consultation with the Federal Energy 
        Regulatory Commission and the Administrator of the Energy 
        Information Administration, shall prepare an independent 
        analysis to determine whether the rule will cause--
                    (A) any increase in energy prices for consumers, 
                including low-income households, small businesses, and 
                manufacturers;
                    (B) any impact on fuel diversity of the Nation's 
                electricity generation portfolio or on national, 
                regional, or local electric reliability;
                    (C) any adverse effect on energy supply, 
                distribution, or use due to the economic or technical 
                infeasibility of implementing the rule; or
                    (D) any other adverse effect on energy supply, 
                distribution, or use (including a shortfall in supply 
                and increased use of foreign supplies).
            (3) Subsequent determination on adverse effects to the 
        economy.--If the Secretary of Energy determines, under 
        paragraph (2), that the rule will cause an increase, impact, or 
        effect described in such paragraph, then the Secretary, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, the Secretary of Commerce, the Secretary of 
        Labor, and the Administrator of the Small Business 
        Administration, shall--
                    (A) determine whether the rule will cause 
                significant adverse effects to the economy, taking into 
                consideration--
                            (i) the costs and benefits of the rule and 
                        limitations in calculating such costs and 
                        benefits due to uncertainty, speculation, or 
                        lack of information; and
                            (ii) the positive and negative impacts of 
                        the rule on economic indicators, including 
                        those related to gross domestic product, 
                        unemployment, wages, consumer prices, and 
                        business and manufacturing activity; and
                    (B) publish the results of such determination in 
                the Federal Register.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The terms ``direct costs'' and ``indirect costs'' have 
        the meanings given such terms in chapter 8 of the Environmental 
        Protection Agency's ``Guidelines for Preparing Economic 
        Analyses'' dated December 17, 2010.
            (2) The term ``energy-related rule that is estimated to 
        cost more than $1 billion'' means a rule of the Environmental 
        Protection Agency that--
                    (A) regulates any aspect of the production, supply, 
                distribution, or use of energy or provides for such 
                regulation by States or other governmental entities; 
                and
                    (B) is estimated by the Administrator of the 
                Environmental Protection Agency or the Director of the 
                Office of Management and Budget to impose direct costs 
                and indirect costs, in the aggregate, of more than 
                $1,000,000,000.
            (3) The term ``rule'' has the meaning given to such term in 
        section 551 of title 5, United States Code.

SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS.

    (a) In General.--Notwithstanding any other provision of law or any 
executive order, the Administrator of the Environmental Protection 
Agency may not use the social cost of carbon in order to incorporate 
social benefits of reducing carbon dioxide emissions, or for any other 
reason, in any cost-benefit analysis relating to an energy-related rule 
that is estimated to cost more than $1 billion unless and until a 
Federal law is enacted authorizing such use.
    (b) Definition.--In this section, the term ``social cost of 
carbon'' means the social cost of carbon as described in the technical 
support document entitled ``Technical Support Document: Technical 
Update of the Social Cost of Carbon for Regulatory Impact Analysis 
Under Executive Order 12866'', published by the Interagency Working 
Group on Social Cost of Carbon, United States Government, in May 2013, 
or any successor or substantially related document, or any other 
estimate of the


              

monetized damages associated with an incremental increase in carbon 
dioxide emissions in a given year.

            Passed the House of Representatives August 1, 2013.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.