[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1582 Reported in House (RH)]

                                                 Union Calendar No. 118
113th CONGRESS
  1st Session
                                H. R. 1582

                          [Report No. 113-164]

     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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 2013

 Mr. Cassidy introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

                             July 22, 2013

 Additional sponsors: Mr. Whitfield, Mrs. Capito, Mr. Barr, Mr. Kline, 
                      Mr. McKinley, and Mr. Harper

                             July 22, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               16, 2013]


_______________________________________________________________________

                                 A BILL


 
     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) an estimate of the total benefits of the rule, 
                an estimate of when such benefits are expected to be 
                realized, and a description of the modeling, the 
                assumptions, and the limitations due to uncertainty, 
                speculation, or lack of information associated with the 
                estimates under this subparagraph;
                    (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.
                                                 Union Calendar No. 118

113th CONGRESS

  1st Session

                               H. R. 1582

                          [Report No. 113-164]

_______________________________________________________________________

                                 A BILL

     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.

_______________________________________________________________________

                             July 22, 2013

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed