,,ii  ,calendar ,no4 #efi #aadth        
,,congress  #b;d ,session  ,h4 ,r4 #bjdb
  ,,in ,,the ,,senate ,,of ,,the        
,,united ,,states  ,june #be1           
#bjae,received  ,july #ad1 #bjaf,read   
twice and placed on the calendar  ,,an  
,,act  ,to allow for judicial review of 
any final rule addressing carbon dioxide
 emissions from existing fossil         
fuel-fired electric utility generating  
units before requiring compliance with  
such rule1 and to allow ,states to      
protect households and businesses from  
significant adverse effects on          
electricity ratepayers or reliability4  
#a4 ,short title ,this ,act may be cited
 as the ,ratepayer ,protection ,act of  
#bjae4  #b4 ,extending compliance dates 
of rules addressing carbon dioxide      
emissions from existing power plants    
pending judicial review  7a7 ,extension 
of compliance dates  7#a7 ,extension    
,each compliance date of any final rule 
described in subsection 7b7 is deemed to
 be extended by the time period equal to

 the time period described in subsection
 7c74  7#b7 ,definition ,in this        
subsection1 the term compliance date--  
7,a7 means1 with respect to any         
requirement of a final rule described in
 subsection 7b71 the date by which any  
,state1 local1 or tribal government or  
other person is first required to       
comply2 and  7,b7 includes the date by  
which ,state plans are required to be   
submitted to the ,environmental         
,protection ,agency under any such final
 rule4  7b7 ,final rules described ,a   
final rule described in this subsection 
is any final rule to address carbon     
dioxide emissions from existing sources 
that are fossil fuel-fired electric     
utility generating units under section  
#aaa7;d7 of the ,clean ,air ,act 7#db   
,u4,s4,c4 #gdaa7;d771 including any     
final rule that succeeds--  7#a7 the    
proposed rule entitled ,carbon          
,pollution ,emission ,guidelines for    
,existing ,stationary ,sources3         
,electric ,utility ,generating ,units   

published at #gi ,fed4 ,reg4 #cdhcj     
7,june #ah1 #bjad72 or  7#b7 the        
supplemental proposed rule entitled     
,carbon ,pollution ,emission ,guidelines
 for ,existing ,stationary ,sources3    
,e,g,us in ,indian ,country and ,u4,s4  
,territories2 ,multi-,jurisdictional    
,partnerships published at #gi ,fed4    
,reg4 #fedhb 7,november #d1 #bjad74  7c7
 ,period described ,the time period     
described in this subsection is the     
period of days that-- 7#a7 begins on the
 date that is #fj days after the day on 
which notice of promulgation of a final 
rule described in subsection 7b7 appears
 in the ,federal ,register2 and  7#b7   
ends on the date on which judgment      
becomes final1 and no longer subject to 
further appeal or review1 in all actions
 7including actions that are filed      
pursuant to section #cjg of the ,clean  
,air ,act 7#db ,u4,s4,c4 #gfjg77--  7,a7
 that are filed during the #fj days     
described in paragraph 7#a72 and  7,b7  
that seek review of any aspect of such  

rule4  7d7 ,sense of ,congress ,the     
,congress encourages the ,administrator 
of the ,environmental ,protection       
,agency1 in promulgating1 implementing1 
or enforcing any final rule described in
 subsection 7b71 to specifically address
 how the megawatt hours discharged from 
a pumped hydroelectric storage system   
will be incorporated into ,state and    
,federal implementation plans adopted   
pursuant to any such final rule4  #c4   
,ratepayer protection  7a7 ,effects of  
plans ,no ,state shall be required to   
adopt or submit a ,state plan1 and no   
,state or entity within a ,state shall  
become subject to a ,federal plan1      
pursuant to any final rule described in 
section #b7;b71 if the ,governor of such
 ,state makes a determination1 and      
notifies the ,administrator of the      
,environmental ,protection ,agency1 that
 implementation of the ,state or        
,federal plan would--  7#a7 have a      
significant adverse effect on the       
,state's residential1 commercial1 or    

industrial ratepayers1 taking into      
account--  7,a7 rate increases that     
would be necessary to implement1 or are 
associated with1 the ,state or ,federal 
plan2 and  7,b7 other rate increases    
that have been or are anticipated to be 
necessary to implement1 or are          
associated with1 other ,federal or      
,state environmental requirements2 or   
7#b7 have a significant adverse effect  
on the reliability of the ,state's      
electricity system1 taking into account 
the effects on the ,state's--  7,a7     
existing and planned generation and     
retirements2  7,b7 existing and planned 
transmission and distribution           
infrastructure2 and  7,c7 projected     
electricity demands4  7b7 ,consultation 
,in making a determination under        
subsection 7a71 the ,governor of a      
,state shall consult with--  7#a7 the   
public utility commission or public     
service commission of the ,state2  7#b7 
the environmental protection1 public    
health1 and economic development        

departments or agencies of the ,state2  
and  7#c7 the ,electric ,reliability    
,organization 7as defined in section    
#bae of the ,federal ,power ,act 7#af   
,u4,s4,c4 #hbdo774  #d4 ,treatment of   
hydropower as renewable energy ,in      
issuing1 implementing1 and enforcing any
 final rule described in section #b7;b71
 the ,administrator of the              
,environmental ,protection ,agency shall
 treat hydropower as renewable energy4  
,passed the ,house of ,representatives  
,june #bd1 #bjae4,karen ,l4 ,haas1,clerk
  ,july #ad1 #bjaf,read twice and placed
 on the calendar