[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5796 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5796

 To give States the option of addressing emissions of greenhouse gases 
         from existing stationary sources by pricing emissions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2014

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

_______________________________________________________________________

                                 A BILL


 
 To give States the option of addressing emissions of greenhouse gases 
         from existing stationary sources by pricing emissions.

    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 ``State's Choice Act of 2014''.

SEC. 2. STATE OPTION TO IMPOSE A CARBON TAX.

    (a) Applicability.--This section applies with respect to any 
regulation to address climate change issued by the Administrator of the 
Environmental Protection Agency under section 111(d) of the Clean Air 
Act (42 U.S.C. 7411(d)) for emissions of any greenhouse gas from an 
existing stationary source.
    (b) State Option.--
            (1) Option.--Subject to paragraph (2), a regulation 
        described in subsection (a) shall allow a State the option to 
        impose a carbon tax with respect to greenhouse gas emissions 
        from an existing stationary source instead of, or in 
        conjunction with, applying a standard of performance for such 
        emissions from such existing stationary source.
            (2) Reevaluation.--The Administrator of the Environmental 
        Protection Agency shall--
                    (A) in 2025, conduct an evaluation of any carbon 
                tax imposed by a State pursuant to this subsection to 
                determine whether such tax, together with any other 
                relevant measures of the State, will, by the end of 
                2030, achieve the greenhouse gas reduction goals of the 
                regulations described in subsection (a) which the tax 
                is intended to replace (in whole or in part); and
                    (B) if the Administrator determines that the tax, 
                together with any other relevant measures of the State, 
                will not achieve such goals, require the State to 
                increase the tax by the amount determined necessary by 
                the Administrator to achieve such goals.
            (3) Limitation.--The option described in paragraph (1) 
        shall not be available to a State if the Administrator 
        determines that--
                    (A) such State is materially undermining the 
                effectiveness of the carbon tax in decreasing 
                greenhouse gas emissions through other policy changes; 
                or
                    (B) the Administrator has required the State to 
                increase its tax, as described in paragraph (2)(B), and 
                the State has not complied with such requirement.
    (c) Definitions.--In this Act:
            (1) Carbon dioxide equivalent.--The term ``carbon dioxide 
        equivalent'' means, for each greenhouse gas, the quantity of 
        greenhouse gas that the Administrator of the Environmental 
        Protection Agency determines makes the same contribution to 
        global warming as 1 metric ton of carbon dioxide.
            (2) Carbon tax.--The term ``carbon tax'' means an excise 
        tax--
                    (A)(i) on emissions of any greenhouse gas; or
                    (ii) on a fossil fuel based on emissions of any 
                greenhouse gas that will result from the use of such 
                fossil fuel;
                    (B) that in 2015, is not less than $20 per metric 
                ton of carbon dioxide equivalent; and
                    (C) that in each subsequent year, increases by not 
                less than 4 percent above inflation, as measured by the 
                Consumer Price Index for all urban consumers (all 
                items; United States city average).
            (3) Existing stationary source.--The term ``existing 
        stationary source'' has the meaning given to the term 
        ``existing source'' in section 111(a)(6) of the Clean Air Act 
        (42 U.S.C. 7411(a)(6)).
            (4) Greenhouse gas.--The term ``greenhouse gas'' means any 
        of the following:
                    (A) Carbon dioxide.
                    (B) Methane.
                    (C) Nitrous oxide.
                    (D) Sulfur hexafluoride.
                    (E) Hydrofluorocarbons.
                    (F) Perfluorocarbons.
            (5) Stationary source.--The term ``stationary source'' has 
        the meaning given such term in section 111(a)(3) of the Clean 
        Air Act (42 U.S.C. 7411(a)(3)).
                                 <all>