S. 1363 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1363 IN THE SENATE OF THE UNITED STATES July 25, 2013 Mr. Heller introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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 $1,000,000,000 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. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Covered energy-related rule The term covered energy-related rule 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 that regulation by States or other governmental entities; and (B) is estimated by the Administrator 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) Direct costs The term direct costs has the meaning given the term in chapter 8 of the document of the Environmental Protection Agency entitled Guidelines for Preparing Economic Analyses and dated December 17, 2010. (4) Indirect costs The term indirect costs has the meaning given the term in chapter 8 of the document of the Environmental Protection Agency entitled Guidelines for Preparing Economic Analyses and dated December 17, 2010. (5) Rule The term rule has the meaning given the term in section 551 of title 5, United States Code. (6) Secretary The term Secretary means the Secretary of Energy. 3. Prohibition against finalizing certain energy-related rules that will cause significant adverse effects to the economy Notwithstanding any other provision of law, the Administrator shall not promulgate as final any covered energy-related rule if the Secretary determines under section 4(d) that the rule will result in significant adverse effects to the economy. 4. Reports and determinations prior to promulgating as final certain energy-related rules (a) In general Before promulgating as final any covered energy-related rule, the Administrator shall carry out the activities described in subsections (c) through (d). (b) Report to Congress For each covered energy-related rule, the Administrator shall submit to Congress a report (and transmit a copy to the Secretary) containing— (1) a copy of the rule; (2) a concise general statement relating to the rule; (3) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (4) an estimate of— (A) the total benefits of the rule; and (B) when those benefits are expected to be realized; (5) a description of the modeling, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under paragraph (4); (6) 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 (7) 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. (c) Initial determination on increases and impacts The Secretary, 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 covered energy-related rule will cause— (1) any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (2) any impact on fuel diversity of the electricity generation portfolio of the United States or on national, regional, or local electric reliability; (3) any adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or (4) any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies). (d) Subsequent determination on adverse effects to the economy If the Secretary determines, under subsection (c), that the rule will result in an increase, impact, or effect described in that subsection, then the Secretary, in consultation with the Administrator, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall— (1) determine whether the rule will result in significant adverse effects to the economy, taking into consideration— (A) the costs and benefits of the rule and limitations in calculating those costs and benefits due to uncertainty, speculation, or lack of information; and (B) 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 (2) publish the results of that determination in the Federal Register.