S 609 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 609CommentsClose CommentsPermalink

To provide for the establishment of a committee to assess the effects of certain Federal regulatory mandates.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 17, 2011CommentsClose CommentsPermalink

Mr. INHOFE (for himself and Mr. JOHANNS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for the establishment of a committee to assess the effects of certain Federal regulatory mandates.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 ‘Comprehensive Assessment of Regulations on the Economy Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





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





(2) COMMITTEE- The term ‘Committee’ means the Cumulative Regulatory Assessment Committee established by section 3(a).CommentsClose CommentsPermalink





(3) FEDERAL REGULATORY MANDATE- The term ‘Federal regulatory mandate’ means any regulation, rule, requirement, or interpretative guidance that--CommentsClose CommentsPermalink





(A) is promulgated or issued (or is expected to be initiated) by the Administrator or a State or local government during the period beginning on January 1, 2010, and ending on January 1, 2020;CommentsClose CommentsPermalink





(B) applies to 1 or more impacted units; andCommentsClose CommentsPermalink





(C) implements any provision or requirement relating to--CommentsClose CommentsPermalink





(i) interstate or international transport of air pollution under section 110(a)(2)(D), 115, or 126(b) of the Clean Air Act (42 U.S.C. 7410(a)(2)(D), 7415, 7426(b)) with respect to any national ambient air quality standard, including--CommentsClose CommentsPermalink





(I) any standard that has been promulgated or proposed before July 1, 2011; andCommentsClose CommentsPermalink





(II) any new or revised standard for ozone or fine particulate matter that, as of the date of enactment of this Act, is currently under review or development by the Administrator; andCommentsClose CommentsPermalink





(ii) the attainment, or maintenance of attainment, of any national ambient air quality standard, including--CommentsClose CommentsPermalink





(I) any new or revised standard for ozone or fine particulate matter that, as of the date of enactment of this Act, is currently under review or development by the Administrator; andCommentsClose CommentsPermalink





(II) any other standard that has been promulgated or proposed before July 1, 2011;CommentsClose CommentsPermalink





(iii) new source performance standards under section 111 of the Clean Air Act (42 U.S.C. 7411), including any standards under subsection (d) of that section;CommentsClose CommentsPermalink





(iv) hazardous air pollutants under section 112 of the Clean Air Act (42 U.S.C. 7412);CommentsClose CommentsPermalink





(v) greenhouse gas emissions under titles I, II, and V of the Clean Air Act (42 U.S.C. 7401 et seq.), including the requirements for--CommentsClose CommentsPermalink





(I) new source performance standards under section 111 of the Clean Air Act (42 U.S.C. 7411), including any standards under subsection (d) of that section; andCommentsClose CommentsPermalink





(II) preconstruction review permits under section 165 of the Clean Air Act (42 U.S.C. 7475);CommentsClose CommentsPermalink





(vi) cooling water intake structures under section 316(b) of the Clean Water Act (33 U.S.C. 1326(b));CommentsClose CommentsPermalink





(vii) effluent guidelines for regulating the discharge of pollutants under section 304 of the Clean Water Act (33 U.S.C. 1314);CommentsClose CommentsPermalink





(viii) the handling and disposal of coal combustion residuals under subtitle C or D of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.);CommentsClose CommentsPermalink





(ix) the regulation of fuels under title II of the Clean Air Act (42 U.S.C. 7521 et seq.);CommentsClose CommentsPermalink





(x) regional haze or reasonably attributable visibility impairment under section 169A or section 169B of the Clean Air Act (42 U.S.C. 7491, 7492); andCommentsClose CommentsPermalink





(xi) any other environmental regulations expected to have a significant impact on the electric power sector, the petroleum refining sector, the petrochemical production sector, pipeline facilities regulated by the Department of Transportation or the Environmental Protection Agency, exploration, production, or transportation of oil and natural gas, or any other manufacturing sector.CommentsClose CommentsPermalink





(4) IMPACTED UNIT- The term ‘impacted unit’ means--CommentsClose CommentsPermalink





(A) any electric generating unit that sells electricity into the grid;CommentsClose CommentsPermalink





(B) any industrial, commercial, or institutional boiler or process heater;CommentsClose CommentsPermalink





(C) any petroleum refining facility that produces gasoline, heating oil, diesel fuel, jet fuel, kerosene, or petrochemical feedstocks;CommentsClose CommentsPermalink





(D) any petrochemical facility;CommentsClose CommentsPermalink





(E) any hydrocarbon exploration, extraction, manufacturing, production, or transportation facility; orCommentsClose CommentsPermalink





(F) any biofuel facility.CommentsClose CommentsPermalink

SEC. 3. CUMULATIVE REGULATORY ASSESSMENT COMMITTEE.

(a) Establishment- There is established within the Department of Commerce a Committee, to be known as the ‘Cumulative Regulatory Assessment Committee’.CommentsClose CommentsPermalink





(b) Composition of Committee- The Committee shall consist of the following officials (or designees of the officials):CommentsClose CommentsPermalink





(1) The Secretary of Agriculture.CommentsClose CommentsPermalink





(2) The Secretary of Commerce.CommentsClose CommentsPermalink





(3) The Secretary of Defense.CommentsClose CommentsPermalink





(4) The Chairperson of the Council of Economic Advisers.CommentsClose CommentsPermalink





(5) The Secretary of Energy.CommentsClose CommentsPermalink





(6) The Administrator.CommentsClose CommentsPermalink





(7) The Chairperson of the Federal Energy Regulatory Commission.CommentsClose CommentsPermalink





(8) The Secretary of Labor.CommentsClose CommentsPermalink





(9) The Administrator of the Office of Information and Regulatory Affairs.CommentsClose CommentsPermalink





(10) The President and Chief Executive Officer of the North American Electric Reliability Corporation.CommentsClose CommentsPermalink





(11) The Chief Counsel for Advocacy of the Small Business Administration.CommentsClose CommentsPermalink





(c) Leadership; Operations- The Secretary of Commerce shall--CommentsClose CommentsPermalink





(1) serve as the Chairperson of the Committee; andCommentsClose CommentsPermalink





(2) be responsible for the executive and administrative operation of the Committee.CommentsClose CommentsPermalink





(d) Identification of Federal Regulatory Mandates- Not later than 30 days after the date of enactment of this Act, the Administrator shall provide to the Committee a list of Federal regulatory mandates.CommentsClose CommentsPermalink





(e) Duties-CommentsClose CommentsPermalink





(1) ASSESSMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Committee shall perform an assessment of the cumulative energy and economic impacts of the Federal regulatory mandates in accordance with this subsection, including direct, indirect, quantifiable, and qualitative effects on--CommentsClose CommentsPermalink





(i) employment, including job levels in each segment of the economy and each region of the United States, including coal-producing regions;CommentsClose CommentsPermalink





(ii) economic development, including production levels and labor demands in manufacturing, commercial, and other sectors of the economy;CommentsClose CommentsPermalink





(iii) the electric power sector, including potential impacts on electric reliability, energy security, and retail electricity rates;CommentsClose CommentsPermalink





(iv) the domestic refining and petrochemical sector, including potential impacts on supply, international competitiveness, wholesale and retail transportation fuels, and heating oil and petrochemical prices;CommentsClose CommentsPermalink





(v) State and local governments, including potential impacts on governmental operations and local communities from any reductions in State and local tax revenues;CommentsClose CommentsPermalink





(vi) small businesses (as defined in section 601 of title 5, United States Code), including economic and regulatory impacts that could force the shutdown or limit the growth of small businesses;CommentsClose CommentsPermalink





(vii) agriculture, including economic and regulatory impacts that could force the shutdown, or limit growth or productive capacity, of the agricultural industry in the United States, including the domestic fertilizer manufacturing industry; andCommentsClose CommentsPermalink





(viii) energy-intensive, trade-exposed industry (as defined in North American Industry Classification System codes 31, 32, and 33) (including the beneficiation or processing (including agglomeration) of metal ores (including iron and copper ores), soda ash, or phosphate, petroleum refining, and petrochemicals production), including economic and regulatory impacts that could force the shutdown, or limit growth of productive capacity, of the United States manufacturing industry.CommentsClose CommentsPermalink





(B) COMPREHENSIVE ANALYSIS- The assessment shall include a comprehensive analysis, for the period beginning on January 1, 2012, and ending on December 31, 2025, of the following matters:CommentsClose CommentsPermalink





(i) The impacted units that would likely retire due to the cumulative compliance costs of the Federal regulatory mandates.CommentsClose CommentsPermalink





(ii) The amount by which average retail electricity prices are forecasted to increase above inflation as a result of--CommentsClose CommentsPermalink





(I) the cumulative compliance costs of the Federal regulatory mandates;CommentsClose CommentsPermalink





(II) the retirement of electric generating units that are impacted units described in clause (i); andCommentsClose CommentsPermalink





(III) other direct and indirect impacts that are expected to result from the cumulative compliance obligations of the Federal regulatory mandates.CommentsClose CommentsPermalink





(iii) The amount by which average retail transportation fuel and heating oil prices are forecasted to increase above inflation as a result of--CommentsClose CommentsPermalink





(I) the cumulative compliance costs of the Federal regulatory mandates;CommentsClose CommentsPermalink





(II) the retirement or closure of domestic refineries that are impacted units described in clause (i);CommentsClose CommentsPermalink





(III) the likely foreign-sourced replacement for the transportation fuels and heating oil supplies loss caused by the retirements or closures identified under subclause (II); andCommentsClose CommentsPermalink





(IV) other direct and indirect impacts that are expected to result from the cumulative compliance obligations of the Federal regulatory mandates.CommentsClose CommentsPermalink





(iv) The amount by which average petrochemical prices are forecasted to increase above inflation as a result of--CommentsClose CommentsPermalink





(I) the cumulative compliance costs of the Federal regulatory mandates;CommentsClose CommentsPermalink





(II) the retirement or closure of domestic petrochemical facilities that are impacted units described in clause (i);CommentsClose CommentsPermalink





(III) the likely foreign-sourced replacement for the petrochemical supplies loss caused by the retirements or closures identified under subclause (II); andCommentsClose CommentsPermalink





(IV) other direct and indirect impacts that are expected to result from the cumulative compliance obligations of the Federal regulatory mandates.CommentsClose CommentsPermalink





(v) The direct and indirect adverse impacts on the economies of local communities that are projected to result from the retirement of impacted units described in clause (i) and increased retail electricity, transportation fuels, heating oil, and petrochemical prices that are forecasted under clause (ii), including--CommentsClose CommentsPermalink





(I) loss of jobs, including jobs that would be lost that relate directly or indirectly to coal production or petroleum refining;CommentsClose CommentsPermalink





(II) reduction in State and local tax revenues;CommentsClose CommentsPermalink





(III) harm to small businesses;CommentsClose CommentsPermalink





(IV) harm to consumers;CommentsClose CommentsPermalink





(V) reduction in--CommentsClose CommentsPermalink

(aa) the production and use of coal; andCommentsClose CommentsPermalink

(bb) the domestic production of transportation fuels, heating oil, and petrochemicals in the United States; andCommentsClose CommentsPermalink

(VI) other resulting adverse economic or energy impacts.CommentsClose CommentsPermalink





(vi) The extent to which the direct and indirect adverse economic impacts identified under clause (v) can be mitigated through the creation of additional jobs and new economic growth as a result of renewable energy projects, energy efficiency measures, and other such energy construction projects that are projected to be undertaken in order to meet future energy demands.CommentsClose CommentsPermalink





(vii) The cumulative effects of Federal regulatory mandates on the ability of industries and businesses in the United States to compete with industries and businesses in other countries, with respect to competitiveness in both domestic and foreign markets.CommentsClose CommentsPermalink





(viii) The regions of the United States that are forecasted to be--CommentsClose CommentsPermalink





(I) most affected from the direct and indirect adverse impacts from the retirement of impacted units and increased retail electricity, transportation fuels, heating oil, and petrochemicals price, as identified under clause (v); andCommentsClose CommentsPermalink





(II) least affected from such adverse impacts due to the creation of new jobs and economic growth that are expected to result directly and indirectly from the energy construction projects, as identified under clause (vi).CommentsClose CommentsPermalink





(ix) The cumulative effects of the Federal regulatory mandates on the electric power sector, including--CommentsClose CommentsPermalink





(I) adverse impacts on electric reliability that are expected to result from the retirement of electric generating units identified under clause (i);CommentsClose CommentsPermalink





(II) the geographical distribution of the projected adverse electric reliability impacts identified in subclause (I), according to the regions established by North American Electric Reliability Corporation; andCommentsClose CommentsPermalink





(III) an assessment of whether current plans to expand electricity generation and transmission capabilities for each particular region can be optimized to mitigate those projected adverse reliability impacts.CommentsClose CommentsPermalink





(x) Federal, State, and local policies that have been or will be implemented to foster a transition in energy infrastructure in the United States, including those policies that promote fuel diversity, affordable and reliable electricity, and energy security.CommentsClose CommentsPermalink





(2) CONSULTATION WITH STATE AND LOCAL GOVERNMENTS- The Committee shall consult with representatives of State and local governments--CommentsClose CommentsPermalink





(A) to identify potential adverse cumulative impacts of the Federal regulatory mandates that have unique or significant repercussions for each particular region of the United States; andCommentsClose CommentsPermalink





(B) to investigate opportunities and strategies for mitigating the adverse impacts and repercussions identified under subparagraph (A).CommentsClose CommentsPermalink





(3) METHODOLOGY- The Committee shall--CommentsClose CommentsPermalink





(A) use the best available information and peer-reviewed economic models in performing the cumulative regulatory impact assessment under this subsection; andCommentsClose CommentsPermalink





(B) seek public comment on the cost, energy, and other modeling assumptions used in performing the assessment.CommentsClose CommentsPermalink





(4) PUBLIC NOTICE AND COMMENT- The Committee shall provide public notice and the opportunity for comment on a draft cumulative regulatory impact assessment to be prepared under this subsection.CommentsClose CommentsPermalink





(5) REPORT TO CONGRESS AND STATES- Not later than January 1, 2012, the Committee shall submit to Congress and the Governor of each State a detailed report of the cumulative assessment performed under this subsection.CommentsClose CommentsPermalink

SEC. 4. SAVINGS CLAUSE.

Nothing in this Act confirms, modifies, or otherwise affects the statutory authority for adopting and implementing the Federal regulatory mandates.CommentsClose CommentsPermalink