H.R. 1582 — Reported in House

IB Union Calendar No. 118 113th CONGRESS 1st Session H. R. 1582 [Report No. 113–164] 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. 1. Short title This Act may be cited as the Energy Consumers Relief Act of 2013. 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. 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. 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. 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