HR 1872 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1872CommentsClose CommentsPermalink

To require the Administrator of the Environmental Protection Agency to consider the impact on employment levels and economic activity prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 12, 2011CommentsClose CommentsPermalink

Mrs. CAPITO introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To require the Administrator of the Environmental Protection Agency to consider the impact on employment levels and economic activity prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Employment Protection Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY.

(a) Analysis of Impacts of Actions on Employment and Economic Activity-CommentsClose CommentsPermalink





(1) ANALYSIS- Prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, the Administrator shall analyze the impact, disaggregated by State, of such regulation, policy statement, guidance, requirement, program, or permit on employment levels and economic activity.CommentsClose CommentsPermalink





(2) ECONOMIC MODELS-CommentsClose CommentsPermalink





(A) IN GENERAL- In carrying out paragraph (1), the Administrator shall utilize the best available economic models.CommentsClose CommentsPermalink





(B) ANNUAL GAO REPORT- Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection.CommentsClose CommentsPermalink





(3) AVAILABILITY OF INFORMATION- With respect to any regulation, policy statement, guidance, requirement, program, or permit, the Administrator shall--CommentsClose CommentsPermalink





(A) post the analysis under paragraph (1) as a link on the main page of the public Web site of the Environmental Protection Agency; andCommentsClose CommentsPermalink





(B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State.CommentsClose CommentsPermalink





(4) CLEAN WATER ACT AND OTHER PERMITS- Analysis under paragraph (1) shall include estimated job losses and decreased economic activity due to the denial or issuance of permits, including permits issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).CommentsClose CommentsPermalink





(b) Public Hearings-CommentsClose CommentsPermalink





(1) IN GENERAL- If the Administrator concludes under subsection (a)(1) that a regulation, policy statement, guidance, requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity in a State, then the Administrator shall hold a public hearing in each such State at least 30 days prior to--CommentsClose CommentsPermalink





(A) the effective date of the regulation, policy statement, guidance, requirement, or program; orCommentsClose CommentsPermalink





(B) the denial or issuance of the permit.CommentsClose CommentsPermalink





(2) TIME, LOCATION, AND SELECTION- A public hearing required by paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses.CommentsClose CommentsPermalink





(3) CITIZEN SUITS-CommentsClose CommentsPermalink





(A) IN GENERAL- If a public hearing is required by paragraph (1) with respect to any State, and the Administrator fails to hold such a public hearing in accordance with paragraphs (1) and (2), any resident of such State may bring an action in any United States district court in such State to compel compliance with such paragraphs.CommentsClose CommentsPermalink





(B) RELIEF- If a party prevails in an action against the Administrator under subparagraph (A), then the district court--CommentsClose CommentsPermalink





(i) shall enjoin the regulation, policy statement, guidance, requirement, program, or permit that is the subject of the action; andCommentsClose CommentsPermalink





(ii) may award reasonable attorneys fees and costs.CommentsClose CommentsPermalink





(C) APPEAL- Upon appeal of an injunction issued under subparagraph (B), the court of appeals--CommentsClose CommentsPermalink





(i) shall require the submission of briefs not later than 30 days after the filing of such appeal;CommentsClose CommentsPermalink





(ii) may not stay the injunction prior to hearing oral arguments; andCommentsClose CommentsPermalink





(iii) shall make its final decision not later than 90 days after the filing of such appeal.CommentsClose CommentsPermalink





(c) Notification- If the Administrator concludes under subsection (a)(1) that a regulation, policy statement, guidance, requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity in any State, then the Administrator shall give notice of such impact to the State’s Congressional delegation, Governor, and Legislature at least 45 days prior to--CommentsClose CommentsPermalink





(1) the effective date of the regulation, policy statement, guidance, requirement, or program; orCommentsClose CommentsPermalink





(2) the denial or issuance of the permit.CommentsClose CommentsPermalink





(d) Definitions- In this section:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink





(2) DE MINIMIS NEGATIVE IMPACT- The term ‘de minimis negative impact’ means the following:CommentsClose CommentsPermalink





(A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation.CommentsClose CommentsPermalink





(B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.CommentsClose CommentsPermalink