Clean Air, Healthy Kids Act

II 116TH CONGRESS 1ST SESSION S. 2505 To provide that Executive Order 13783 and certain rules shall have no force or effect, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 18, 2019 Mr. BENNET (for himself, Mr. WHITEHOUSE, Mr. BOOKER, Mr. UDALL, Ms. KLOBUCHAR, Ms. HIRONO, Mr. WYDEN, Mr. BLUMENTHAL, Mr. REED, Mr. DURBIN, Ms. CORTEZ MASTO, Mr. SANDERS, Mrs. FEINSTEIN, Mr. MARKEY, Mr. HEINRICH, Mr. VAN HOLLEN, Mrs. GILLIBRAND, Ms. HARRIS, Ms. WARREN, Mr. MENENDEZ, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on En- ergy and Natural Resources A BILL To provide that Executive Order 13783 and certain rules shall have no force or effect, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Clean Air, Healthy 4 Kids Act’’. 5 VerDate Sep 11 2014 22:12 Sep 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2505.IS S2505 lotter on DSKBCFDHB2PROD with BILLS 2 •S 2505 IS SEC. 2. EXECUTIVE ORDER, FINAL RULES, AND PROPOSED 1 RULES TO HAVE NO FORCE OR EFFECT. 2 (a) EXECUTIVE ORDER.—Executive Order 13783 (42 3 U.S.C. 13201 note; relating to promoting energy inde- 4 pendence and economic growth)— 5 (1) is null and void; 6 (2) shall have no force or effect; and 7 (3) may not be implemented, administered, en- 8 forced, or carried out by any Federal agency, includ- 9 ing— 10 (A) the Office of Management and Budget; 11 (B) the Council of Economic Advisers; 12 (C) the Council on Environmental Quality; 13 (D) the Environmental Protection Agency; 14 (E) the Department of the Interior; and 15 (F) any other agency directed to imple- 16 ment the Executive order. 17 (b) FEDERAL RULES.— 18 (1) FINAL RULES.— 19 (A) IN GENERAL.—On and after the date 20 of enactment of this Act, the following rules are 21 null and void: 22 (i) The final rule issued by the Ad- 23 ministrator of the Environmental Protec- 24 tion Agency entitled ‘‘Repeal of the Clean 25 Power Plan; Emission Guidelines for 26 VerDate Sep 11 2014 20:57 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2505.IS S2505 lotter on DSKBCFDHB2PROD with BILLS 3 •S 2505 IS Greenhouse Gas Emissions From Existing 1 Electric Utility Generating Units; Revi- 2 sions to Emission Guidelines Implementing 3 Regulations’’ (84 Fed. Reg. 32520 (July 8, 4 2019)). 5 (ii) The final rule issued by the Direc- 6 tor of the Bureau of Land Management 7 entitled ‘‘Waste Prevention, Production 8 Subject to Royalties, and Resource Con- 9 servation; Delay and Suspension of Certain 10 Requirements’’ (82 Fed. Reg. 58050 (De- 11 cember 8, 2017)). 12 (iii) The final rule of the Secretary of 13 Energy entitled ‘‘Energy Conservation 14 Program: Definition for General Service 15 Lamps’’ (84 Fed. Reg. 46661 (September 16 5, 2019)). 17 (iv) The final rule of the Adminis- 18 trator of the Environmental Protection 19 Agency entitled ‘‘Adopting Requirements 20 in Emission Guidelines for Municipal Solid 21 Waste Landfills’’ (84 Fed. Reg. 44547 22 (August 26, 2019)). 23 (B) EFFECT.—On and after the date of 24 enactment of this Act, the portions of the Code 25 VerDate Sep 11 2014 20:57 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2505.IS S2505 lotter on DSKBCFDHB2PROD with BILLS 4 •S 2505 IS of Federal Regulations amended by the rules 1 described in subparagraph (A) shall be in effect 2 as if the amendments made by those rules had 3 not been made. 4 (2) PROPOSED RULES.—The applicable agency 5 may not finalize the following rules: 6 (A) The proposed rule issued by the Ad- 7 ministrator of the Environmental Protection 8 Agency entitled ‘‘Oil and Natural Gas Sector: 9 Emission Standards for New, Reconstructed, 10 and Modified Sources Review’’ (August 28, 11 2019). 12 (B) The proposed rule issued by the Ad- 13 ministrator of the Environmental Protection 14 Agency and the Administrator of the National 15 Highway Traffic Safety Administration entitled 16 ‘‘The Safer Affordable Fuel-Efficient (SAFE) 17 Vehicle Rules for Model Years 2021–2026 Pas- 18 senger Cars and Light Trucks’’ (83 Fed. Reg. 19 42986 (August 24, 2018)). 20 (C) The proposed determination of the 21 Secretary of Energy entitled ‘‘Energy Conserva- 22 tion Program: Energy Conservation Standards 23 for General Service Incandescent Lamps’’ (84 24 Fed. Reg. 46830 (September 5, 2019)). 25 VerDate Sep 11 2014 20:57 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2505.IS S2505 lotter on DSKBCFDHB2PROD with BILLS 5 •S 2505 IS (c) CLEAN AIR ACT WAIVERS.—Notwithstanding any 1 other provision of law— 2 (1) any rescission of a waiver granted to the 3 State of California to enforce emissions standards 4 under the Clean Air Act (42 U.S.C. 7401 et seq.)— 5 (A) is null and void; and 6 (B) shall have no force or effect; and 7 (2) on and after the date of enactment of this 8 Act, the Administrator of the Environmental Protec- 9 tion Agency may not rescind a waiver granted to the 10 State of California to enforce emissions standards 11 under the Clean Air Act (42 U.S.C. 7401 et seq.). 12 SEC. 3. NO FEDERAL FUNDS AVAILABLE. 13 No Federal funds made available for any fiscal year 14 may be used to implement, administer, enforce, or carry 15 out— 16 (1) the Executive order described in section 17 2(a); 18 (2) a final rule or direct final rule described in 19 section 2(b)(1)(A); 20 (3) a proposed rule or a proposed determination 21 described in section 2(b)(2); or 22 (4) a rescission of a waiver described in section 23 2(c). 24 VerDate Sep 11 2014 20:57 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2505.IS S2505 lotter on DSKBCFDHB2PROD with BILLS 6 •S 2505 IS SEC. 4. SAVINGS PROVISION. 1 Nothing in this Act shall be construed to impair any 2 authority granted to the President. 3 Æ VerDate Sep 11 2014 20:57 Sep 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S2505.IS S2505 lotter on DSKBCFDHB2PROD with BILLS