[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1324 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1324

To require the Administrator of the Environmental Protection Agency to 
fulfill certain requirements before regulating standards of performance 
for new, modified, and reconstructed fossil fuel-fired electric utility 
               generating units, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2015

 Mrs. Capito (for herself, Mr. McConnell, Mr. Inhofe, Mr. Manchin, Mr. 
Cornyn, Mr. Thune, Mr. Barrasso, Mr. Blunt, Mr. Alexander, Mr. Boozman, 
 Mr. Cassidy, Mr. Coats, Mr. Cotton, Mr. Crapo, Mr. Cruz, Mr. Daines, 
Mr. Enzi, Mrs. Fischer, Mr. Hoeven, Mr. Isakson, Mr. Paul, Mr. Perdue, 
    Mr. Risch, Mr. Rounds, Mr. Roberts, Mr. Tillis, and Mr. Wicker) 
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 
fulfill certain requirements before regulating standards of performance 
for new, modified, and reconstructed fossil fuel-fired electric utility 
               generating units, 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 ``Affordable Reliable Electricity Now 
Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Demonstration project.--The term ``demonstration 
        project'' means a project to test or demonstrate the 
        feasibility of a carbon capture and storage technology that has 
        Federal Government funding or financial assistance.
            (3) Existing source.--The term ``existing source'' has the 
        meaning given the term in section 111(a) of the Clean Air Act 
        (42 U.S.C. 7411(a)).
            (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) Modification.--The term ``modification'' has the 
        meaning given the term in section 111(a) of the Clean Air Act 
        (42 U.S.C. 7411(a)).
            (6) Modified source.--The term ``modified source'' means 
        any stationary source, the modification of which is commenced 
        after the date of enactment of this Act.
            (7) New source.--The term ``new source'' has the meaning 
        given the term in section 111(a) of the Clean Air Act (42 
        U.S.C. 7411(a)).
            (8) Reconstructed source.--The term ``reconstructed 
        source'' means any stationary source, the reconstruction (as 
        defined in section 60.15 of title 40, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act)) of which is commenced after the date of enactment of this 
        Act.

SEC. 3. STANDARDS OF PERFORMANCE FOR NEW, MODIFIED, AND RECONSTRUCTED 
              FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS.

    (a) Limitation.--The Administrator may not issue, implement, or 
enforce any proposed or final rule, in whole or in part, under section 
111 of the Clean Air Act (42 U.S.C. 7411) that establishes a standard 
of performance for emissions of any greenhouse gas from any new source, 
modified source, or reconstructed source that is a fossil fuel-fired 
electric utility generating unit, unless that rule meets the 
requirements of subsections (b) and (c).
    (b) Requirements.--In issuing any rule pursuant to section 111 of 
the Clean Air Act (42 U.S.C. 7411) establishing standards of 
performance for emissions of any greenhouse gas from new sources, 
modified sources, or reconstructed sources that are fossil fuel-fired 
electric utility generating units, the Administrator, for purposes of 
establishing those standards--
            (1) shall separate sources fueled with coal and natural gas 
        into separate categories; and
            (2) shall not establish a standard based on the best system 
        of emission reduction for new sources within a fossil-fuel 
        category unless--
                    (A) the standard has been achieved, on average, for 
                at least 1 continuous 12-month period (excluding 
                planned outages) by each of at least 6 units within 
                that category--
                            (i) each of which is located at a different 
                        electric generating station in the United 
                        States;
                            (ii) that, collectively, are representative 
                        of the operating characteristics of electric 
                        generation at different locations in the United 
                        States; and
                            (iii) each of which is operated for the 
                        entire 12-month period on a full commercial 
                        basis; and
                    (B) no results obtained from any demonstration 
                project are used in setting the standard.
    (c) Coal With Certain Heat Content.--
            (1) Separate subcategory.--In carrying out subsection 
        (b)(1), the Administrator shall establish a separate 
        subcategory for new sources, modified sources, or reconstructed 
        sources that are fossil fuel-fired electric utility generating 
        units using coal with an average heat content of 8,300 or less 
        British Thermal Units per pound.
            (2) Standard.--Notwithstanding subsection (b)(2), in 
        issuing any rule pursuant to section 111 of the Clean Air Act 
        (42 U.S.C. 7411) establishing standards of performance for 
        emissions of any greenhouse gas from new, modified, or 
        reconstructed sources in the subcategory referred to in 
        paragraph (1), the Administrator shall not establish a standard 
        based on the best system of emission reduction unless--
                    (A) that standard has been achieved, on average, 
                for at least 1 continuous 12-month period (excluding 
                planned outages) by each of at least 3 units within 
                that subcategory--
                            (i) each of which is located at a different 
                        electric generating station in the United 
                        States;
                            (ii) which, collectively, are 
                        representative of the operating characteristics 
                        of electric generation at different locations 
                        in the United States; and
                            (iii) each of which is operated for the 
                        entire 12-month period on a full commercial 
                        basis; and
                    (B) no results obtained from any demonstration 
                project are used in establishing that standard.

SEC. 4. STANDARDS OF PERFORMANCE FOR EXISTING FOSSIL FUEL-FIRED 
              ELECTRIC UTILITY GENERATING UNITS, COMPLIANCE EXTENSION, 
              AND RATEPAYER PROTECTION.

    (a) Limitation.--
            (1) In general.--The Administrator may not issue, 
        implement, or enforce any proposed or final rule described in 
        paragraph (2), unless that rule meets the requirements of 
        subsection (b).
            (2) Description of rule.--A rule referred to in paragraph 
        (1) is any proposed or final rule to address carbon dioxide 
        emissions from existing sources that are fossil fuel-fired 
        electric utility generating units under section 111 of the 
        Clean Air Act (42 U.S.C. 7411), including any final rule that 
        succeeds--
                    (A) the proposed rule entitled ``Carbon Pollution 
                Emission Guidelines for Existing Stationary Sources: 
                Electric Utility Generating Units'' (79 Fed. Reg. 34830 
                (June 18, 2014)); or
                    (B) the supplemental proposed rule entitled 
                ``Carbon Pollution Emission Guidelines for Existing 
                Stationary Sources: EGUs in Indian Country and U.S. 
                Territories; Multi-Jurisdictional Partnerships'' (79 
                Fed. Reg. 65482 (November 4, 2014)).
    (b) Requirements.--
            (1) In general.--Before issuing, implementing, or enforcing 
        any rule described in subsection (a)(2), the Administrator 
        shall--
                    (A) submit to Congress a report describing the 
                quantity of greenhouse gas emissions that the rule is 
                projected to reduce, as compared to overall domestic 
                and global greenhouse gas emissions;
                    (B) conduct modeling regarding the means by which 
                the source rule in effect on the date of development of 
                the proposed rule, if applicable, impacts each climate 
                indicator used by the Administrator in developing the 
                proposed rule; and
                    (C) issue State-specific model plans to demonstrate 
                with specificity the areas in, and means by which, each 
                State will be required to reduce the greenhouse gas 
                emissions of the State under the rule.
            (2) Exclusion.--A court shall not consider paragraph (1) in 
        determining whether the Administrator is authorized to issue 
        any rule described in subsection (a)(2).
    (c) Ratepayer Protections.--No State shall be required to adopt or 
submit a State plan, and no State or entity within a State shall become 
subject to a Federal plan, pursuant to any final rule described in 
subsection (a), if the Governor of the State makes a determination, and 
notifies the Administrator, that implementation of the State or Federal 
plan would have a negative effect on--
            (1) economic growth, competitiveness, and jobs in the 
        State;
            (2) the reliability of the electricity system of the State; 
        or
            (3) the electricity ratepayers of the State, including low-
        income ratepayers, by causing electricity rate increases.
    (d) Extension of Compliance Dates.--
            (1) Definition of compliance date.--
                    (A) In general.--In this subsection, the term 
                ``compliance date'' means, with respect to any 
                requirement of a final rule described in subsection 
                (a)(2), the date by which any State, local, or tribal 
                government or other person is first required to comply 
                with the requirement.
                    (B) Inclusion.--The term ``compliance date'' 
                includes the date by which State plans are required to 
                be submitted to the Administrator under any final rule 
                described in subsection (a)(2).
            (2) Extensions.--Each compliance date of any final rule 
        described in subsection (a)(2) is deemed to be extended by the 
        time period equal to the time period described in paragraph 
        (3).
            (3) Period described.--The time period described in this 
        paragraph is the period of days that--
                    (A) begins on the date that is 60 days after the 
                day on which notice of promulgation of a final rule 
                described in subsection (a)(2) appears in the Federal 
                Register; and
                    (B) ends on the date on which judgement becomes 
                final, and no longer subject to further appeal or 
                review, in all actions (including any action filed 
                pursuant to section 307 of the Clean Air Act (42 U.S.C. 
                7607)) that--
                            (i) are filed during the 60 days described 
                        in paragraph (A); and
                            (ii) seek review of any aspect of the rule.

SEC. 5. LIMITATION ON EFFECT OF NONCOMPLIANCE.

    Notwithstanding any other provision of law, noncompliance by a 
State with any proposed, modified, or final rule described in section 3 
or 4 applicable to any new, modified, reconstructed, or existing source 
shall not constitute a reason for imposing any highway sanction under 
section 179(b)(1) of the Clean Air Act (42 U.S.C. 7509(b)(1)).

SEC. 6. REPEAL OF EARLIER RULES AND GUIDELINES.

    The following rules shall be of no force or effect, and shall be 
treated as though the rules had never been issued:
            (1) The proposed rule--
                    (A) entitled ``Standards of Performance for 
                Greenhouse Gas Emissions for New Stationary Sources: 
                Electric Utility Generating Units'' (77 Fed. Reg. 22392 
                (April 13, 2012)); and
                    (B) withdrawn pursuant to the notice entitled 
                ``Withdrawal of Proposed Standards of Performance for 
                Greenhouse Gas Emissions for New Stationary Sources: 
                Electric Utility Generating Units'' (79 Fed. Reg. 1352 
                (January 8, 2014)).
            (2) The proposed rule entitled ``Standards of Performance 
        for Greenhouse Gas Emissions from New Stationary Sources: 
        Electric Utility Generating Units'' (79 Fed. Reg. 1430 (January 
        8, 2014)).
            (3) The proposed rule entitled ``Carbon Pollution Standards 
        for Modified and Reconstructed Stationary Sources: Electric 
        Utility Generating Units'' (79 Fed. Reg. 34960 (June 18, 
        2014)).
            (4) With respect to the proposed rules described in 
        paragraphs (1), (2), and (3), any successor or substantially 
        similar proposed or final rule that--
                    (A) is issued prior to the date of enactment of 
                this Act;
                    (B) is applicable to any new, modified, or 
                reconstructed source that is a fossil fuel-fired 
                electric utility generating unit; and
                    (C) does not meet the requirements under 
                subsections (b) and (c) of section 3.
            (5) Any proposed or final rule or guideline under section 
        111 of the Clean Air Act (42 U.S.C. 7411) that--
                    (A) is issued prior to the date of enactment of 
                this Act; and
                    (B) establishes any standard of performance for 
                emissions of any greenhouse gas from any modified 
                source or reconstructed source that is a fossil fuel-
                fired electric utility generating unit or apply to the 
                emissions of any greenhouse gas from an existing source 
                that is a fossil fuel-fired electric utility generating 
                unit.

SEC. 7. RESTATEMENT OF EXISTING LAW.

    Section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)) is 
amended--
            (1) by striking ``(d)(1) The Administrator'' and inserting 
        the following:
    ``(d) Standards of Performance for Existing Sources; Remaining 
Useful Life of Source.--
            ``(1) In general.--The Administrator'';
            (2) in paragraph (1)(A)(i), by striking ``section 108(a) 
        or'' and all that follows through ``but'' and insert ``section 
        108(a) or emitted from a source category that is regulated 
        under section 112, but'';
            (3) by striking ``(2) The Administrator'' and inserting the 
        following:
            ``(2) Authority of the administrator.--The Administrator'';
            (4) in the undesignated matter at the end, by striking ``In 
        promulgating a standard'' and inserting the following:
            ``(3) Considerations.--In promulgating a standard''; and
            (5) by adding at the end the following:
            ``(4) Prohibition.--The Administrator shall not regulate as 
        an existing source under this subsection any source category 
        regulated under section 112.''.
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