,,ii #aadth ,,congress #ast ,session ,s4 #acbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ac1 #bjae,mrs4 ,capito 7for herself1 ,mr4 ,mc,connell1 ,mr4 ,inhofe1 ,mr4 ,manchin1 ,mr4 ,cornyn1 ,mr4 ,thune1 ,mr4 ,barrasso1 ,mr4 ,blunt1 ,mr4 ,alexander1 ,mr4 ,boozman1 ,mr4 ,cassidy1 ,mr4 ,coats1 ,mr4 ,cotton1 ,mr4 ,crapo1 ,mr4 ,cruz1 ,mr4 ,daines1 ,mr4 ,enzi1 ,mrs4 ,fischer1 ,mr4 ,hoeven1 ,mr4 ,isakson1 ,mr4 ,paul1 ,mr4 ,perdue1 ,mr4 ,risch1 ,mr4 ,rounds1 ,mr4 ,roberts1 ,mr4 ,tillis1 and ,mr4 ,wicker7 introduced the following bill2 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 new1 modified1 and reconstructed fossil fuel-fired electric utility generating units1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,affordable ,reliable ,electricity ,now ,act of #bjae4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,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 assistance4 7#c7 ,existing source ,the term existing source has the meaning given the term in section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a774 7#d7 ,greenhouse gas ,the term greenhouse gas means any of the following3 7,a7 ,carbon dioxide4 7,b7 ,methane4 7,c7 ,nitrous oxide4 7,d7 ,sulfur hexafluoride4 7,e7 ,hydrofluorocarbons4 7,f7 ,perfluorocarbons4 7#e7 ,modification ,the term modification has the meaning given the term in section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a774 7#f7 ,modified source ,the term modified source means any stationary source1 the modification of which is commenced after the date of enactment of this ,act4 7#g7 ,new source ,the term new source has the meaning given the term in section #aaa7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;a774 7#h7 ,reconstructed source ,the term reconstructed source means any stationary source1 the reconstruction 7as defined in section #fj4ae of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 of which is commenced after the date of enactment of this ,act4 #c4 ,standards of performance for new1 modified1 and reconstructed fossil fuel-fired electric utility generating units 7a7 ,limitation ,the ,administrator may not issue1 implement1 or enforce any proposed or final rule1 in whole or in part1 under section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 that establishes a standard of performance for emissions of any greenhouse gas from any new source1 modified source1 or reconstructed source that is a fossil fuel-fired electric utility generating unit1 unless that rule meets the requirements of subsections 7b7 and 7c74 7b7 ,requirements ,in issuing any rule pursuant to section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 establishing standards of performance for emissions of any greenhouse gas from new sources1 modified sources1 or reconstructed sources that are fossil fuel-fired electric utility generating units1 the ,administrator1 for purposes of establishing those standards-- 7#a7 shall separate sources fueled with coal and natural gas into separate categories2 and 7#b7 shall not establish a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless-- 7,a7 the standard has been achieved1 on average1 for at least #a continuous #ab-month period 7excluding planned outages7 by each of at least #f units within that category-- 7i7 each of which is located at a different electric generating station in the ,united ,states2 7ii7 that1 collectively1 are representative of the operating characteristics of electric generation at different locations in the ,united ,states2 and 7iii7 each of which is operated for the entire #ab-month period on a full commercial basis2 and 7,b7 no results obtained from any demonstration project are used in setting the standard4 7c7 ,coal with certain heat content 7#a7 ,separate subcategory ,in carrying out subsection 7b77#a71 the ,administrator shall establish a separate subcategory for new sources1 modified sources1 or reconstructed sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of #h1cjj or less ,british ,thermal ,units per pound4 7#b7 ,standard ,notwithstanding subsection 7b77#b71 in issuing any rule pursuant to section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 establishing standards of performance for emissions of any greenhouse gas from new1 modified1 or reconstructed sources in the subcategory referred to in paragraph 7#a71 the ,administrator shall not establish a standard based on the best system of emission reduction unless-- 7,a7 that standard has been achieved1 on average1 for at least #a continuous #ab-month period 7excluding planned outages7 by each of at least #c units within that subcategory-- 7i7 each of which is located at a different electric generating station in the ,united ,states2 7ii7 which1 collectively1 are representative of the operating characteristics of electric generation at different locations in the ,united ,states2 and 7iii7 each of which is operated for the entire #ab-month period on a full commercial basis2 and 7,b7 no results obtained from any demonstration project are used in establishing that standard4 #d4 ,standards of performance for existing fossil fuel-fired electric utility generating units1 compliance extension1 and ratepayer protection 7a7 ,limitation 7#a7 ,in general ,the ,administrator may not issue1 implement1 or enforce any proposed or final rule described in paragraph 7#b71 unless that rule meets the requirements of subsection 7b74 7#b7 ,description of rule ,a rule referred to in paragraph 7#a7 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 #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa71 including any final rule that succeeds-- 7,a7 the proposed rule entitled ,carbon ,pollution ,emission ,guidelines for ,existing ,stationary ,sources3 ,electric ,utility ,generating ,units 7#gi ,fed4 ,reg4 #cdhcj 7,june #ah1 #bjad772 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 7#gi ,fed4 ,reg4 #fedhb 7,november #d1 #bjad774 7b7 ,requirements 7#a7 ,in general ,before issuing1 implementing1 or enforcing any rule described in subsection 7a77#b71 the ,administrator shall-- 7,a7 submit to ,congress a report describing the quantity of greenhouse gas emissions that the rule is projected to reduce1 as compared to overall domestic and global greenhouse gas emissions2 7,b7 conduct modeling regarding the means by which the source rule in effect on the date of development of the proposed rule1 if applicable1 impacts each climate indicator used by the ,administrator in developing the proposed rule2 and 7,c7 issue ,state-specific model plans to demonstrate with specificity the areas in1 and means by which1 each ,state will be required to reduce the greenhouse gas emissions of the ,state under the rule4 7#b7 ,exclusion ,a court shall not consider paragraph 7#a7 in determining whether the ,administrator is authorized to issue any rule described in subsection 7a77#b74 7c7 ,ratepayer protections ,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 subsection 7a71 if the ,governor of the ,state makes a determination1 and notifies the ,administrator1 that implementation of the ,state or ,federal plan would have a negative effect on-- 7#a7 economic growth1 competitiveness1 and jobs in the ,state2 7#b7 the reliability of the electricity system of the ,state2 or 7#c7 the electricity ratepayers of the ,state1 including low-income ratepayers1 by causing electricity rate increases4 7d7 ,extension of compliance dates 7#a7 ,definition of compliance date 7,a7 ,in general ,in this subsection1 the term compliance date means1 with respect to any requirement of a final rule described in subsection 7a77#b71 the date by which any ,state1 local1 or tribal government or other person is first required to comply with the requirement4 7,b7 ,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 7a77#b74 7#b7 ,extensions ,each compliance date of any final rule described in subsection 7a77#b7 is deemed to be extended by the time period equal to the time period described in paragraph 7#c74 7#c7 ,period described ,the time period described in this paragraph 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 7a77#b7 appears in the ,federal ,register2 and 7,b7 ends on the date on which judgement becomes final1 and no longer subject to further appeal or review1 in all actions 7including any action filed pursuant to section #cjg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjg77 that-- 7i7 are filed during the #fj days described in paragraph 7,a72 and 7ii7 seek review of any aspect of the rule4 #e4 ,limitation on effect of noncompliance ,notwithstanding any other provision of law1 noncompliance by a ,state with any proposed1 modified1 or final rule described in section #c or #d applicable to any new1 modified1 reconstructed1 or existing source shall not constitute a reason for imposing any highway sanction under section #agi7;b77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #geji7;b77#a774 #f4 ,repeal of earlier rules and guidelines ,the following rules shall be of no force or effect1 and shall be treated as though the rules had never been issued3 7#a7 ,the proposed rule-- 7,a7 entitled ,standards of ,performance for ,greenhouse ,gas ,emissions for ,new ,stationary ,sources3 ,electric ,utility ,generating ,units 7#gg ,fed4 ,reg4 #bbcib 7,april #ac1 #bjab772 and 7,b7 withdrawn pursuant to the notice entitled ,withdrawal of ,proposed ,standards of ,performance for ,greenhouse ,gas ,emissions for ,new ,stationary ,sources3 ,electric ,utility ,generating ,units 7#gi ,fed4 ,reg4 #aceb 7,january #h1 #bjad774 7#b7 ,the proposed rule entitled ,standards of ,performance for ,greenhouse ,gas ,emissions from ,new ,stationary ,sources3 ,electric ,utility ,generating ,units 7#gi ,fed4 ,reg4 #adcj 7,january #h1 #bjad774 7#c7 ,the proposed rule entitled ,carbon ,pollution ,standards for ,modified and ,reconstructed ,stationary ,sources3 ,electric ,utility ,generating ,units 7#gi ,fed4 ,reg4 #cdifj 7,june #ah1 #bjad774 7#d7 ,with respect to the proposed rules described in paragraphs 7#a71 7#b71 and 7#c71 any successor or substantially similar proposed or final rule that-- 7,a7 is issued prior to the date of enactment of this ,act2 7,b7 is applicable to any new1 modified1 or reconstructed source that is a fossil fuel-fired electric utility generating unit2 and 7,c7 does not meet the requirements under subsections 7b7 and 7c7 of section #c4 7#e7 ,any proposed or final rule or guideline under section #aaa of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7 that-- 7,a7 is issued prior to the date of enactment of this ,act2 and 7,b7 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 unit4 #g4 ,restatement of existing law ,section #aaa7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdaa7;d77 is amended-- 7#a7 by striking 7d77#a7 ,the ,administrator and inserting the following3 7d7 ,standards of performance for existing sources2 remaining useful life of source 7#a7 ,in general ,the ,administrator 2 7#b7 in paragraph 7#a77;,a77i71 by striking section #ajh7;a7 or and all that follows through but and insert section #ajh7;a7 or emitted from a source category that is regulated under section #aab1 but2 7#c7 by striking 7#b7 ,the ,administrator and inserting the following3 7#b7 ,authority of the ,administrator ,the ,administrator 2 7#d7 in the undesignated matter at the end1 by striking ,in promulgating a standard and inserting the following3 7#c7 ,considerations ,in promulgating a standard 2 and 7#e7 by adding at the end the following3 7#d7 ,prohibition ,the ,administrator shall not regulate as an existing source under this subsection any source category regulated under section #aab4 4