Rep. Ed Whitfield on Monday issued draft legislation to delay the Environmental Protection Agency from placing restrictions on existing power plants, giving states the flexibility to guard against skyrocketing electricity prices and power outages.
“EPA’s proposed rule is riddled with problems and faces an uphill battle in the courts,” said the Kentucky Republican and chairman of the House Energy and Power Subcommittee.
“My common sense legislation will protect states and their citizens from EPA’s damaging overreach, and I look forward to working with my colleagues in advancing it.”
The draft legislation, entitled the “Rate Protection Act,” would provide a “safe harbor” for states if they determine that making the emissions cuts required by the EPA would have “significant adverse effects on the state’s ratepayers or the reliability of its electricity system,” according to the fact sheet on the bill.
The draft bill also would protect states from being subject to the rule’s current timeline, extending the compliance deadline until all litigation opposing the rule has been exhausted.
Under the climate rules, also known as the Clean Power Plan, states are required to meet greenhouse gas reduction targets by 2030, with interim goals beginning in 2020. States will have to file individual compliance plans a little over a year after the climate plan is finalized this summer.
Whitfield said there are questions about whether the EPA has the authority to move ahead with the “unprecedented” and aggressive regulation. At least a dozen states are suing the agency over the rule, arguing that the EPA has exceeded its authority under the Clean Air Act and is violating the Constitution by trampling states’ sovereignty.
Whitfield said whether the federal appeals court decides the issues being raised are “ripe, or not” for judicial review, “there will be another lawsuit” after the rule is made final. The bill would give states the ability to brush back the rules until all litigation has been completed, including going all the way to the Supreme Court, if need be.
Whitfield told reporters he would like to begin hearings on the legislation to begin April 14.
House aides said to expect similar action from the Senate in the coming weeks.
Whitfield also said Monday that he would be reintroducing a bill from last Congress that would roll back separate regulations on EPA’s climate rules for “new” power plants, which he says restricts more advanced, clean coal plants from being built.
