H.R.3826 - Electricity Security and Affordability Act113th Congress (2013-2014)
Summary: H.R.3826 — 113th Congress (2013-2014)
Passed House amended (03/06/2014)
Electricity Security and Affordability Act - (Sec. 2) Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act.
Requires the Administrator to separate sources fueled with coal and natural gas into separate categories.
Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard.
Requires the Administrator, in separating sources fueled with coal into a separate category, to establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units (BTUs) per pound.
Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory that meets the unit requirements specified by this Act for the coal category.
Prohibits this Act from being construed to preclude the issuance, implementation, or enforcement of a standard of performance that: (1) is based on the use of technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and (2) meets the requirements of this Act.
(Sec. 3) Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source.
Requires, in order for the rule or guidelines to take effect, that the Administrator submit a report that contains: (1) the text of the rule or guidelines; (2) the economic impacts of such rule or guidelines, including potential effects on electricity ratepayers, on economic growth, competitiveness, and jobs in the United States and on required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (3) the amount of greenhouse gas emissions projected to be reduced as compared to overall global greenhouse gas emissions.
Requires the Administrator, in carrying out such reporting requirements, to consult with the Administrator of the Energy Information Administration, the Comptroller General (GAO), the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology.
(Sec. 4) Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.