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 Energy and Natural Resources
To provide that Executive Order 13783 and certain rules shall have no force or effect, and for other purposes.
This Act may be cited as the
Clean Air, Healthy Kids Act.
Executive order, final rules, and proposed rules to have no force or effect
Executive Order 13783 (42 U.S.C. 13201 note; relating to promoting energy independence and economic growth)—
is null and void;
shall have no force or effect; and
may not be implemented, administered, enforced, or carried out by any Federal agency, including—
the Office of Management and Budget;
the Council of Economic Advisers;
the Council on Environmental Quality;
the Environmental Protection Agency;
the Department of the Interior; and
any other agency directed to implement the Executive order.
On and after the date of enactment of this Act, the following rules are null and void:
The final rule issued by the Administrator of the Environmental Protection Agency entitled
Repeal of the Clean Power Plan; Emission Guidelines for Greenhouse Gas Emissions From Existing Electric Utility Generating Units; Revisions to Emission Guidelines Implementing Regulations (84 Fed. Reg. 32520 (July 8, 2019)).
The final rule issued by the Director of the Bureau of Land Management entitled
Waste Prevention, Production Subject to Royalties, and Resource Conservation; Delay and Suspension of Certain Requirements (82 Fed. Reg. 58050 (December 8, 2017)).
The final rule of the Secretary of Energy entitled
Energy Conservation Program: Definition for General Service Lamps (84 Fed. Reg. 46661 (September 5, 2019)).
The final rule of the Administrator of the Environmental Protection Agency entitled
Adopting Requirements in Emission Guidelines for Municipal Solid Waste Landfills (84 Fed. Reg. 44547 (August 26, 2019)).
On and after the date of enactment of this Act, the portions of the Code of Federal Regulations amended by the rules described in subparagraph (A) shall be in effect as if the amendments made by those rules had not been made.
The applicable agency may not finalize the following rules:
The proposed rule issued by the Administrator of the Environmental Protection Agency entitled
Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review (August 28, 2019).
The proposed rule issued by the Administrator of the Environmental Protection Agency and the Administrator of the National Highway Traffic Safety Administration entitled
The Safer Affordable Fuel-Efficient (SAFE) Vehicle Rules for Model Years 2021–2026 Passenger Cars and Light Trucks (83 Fed. Reg. 42986 (August 24, 2018)).
The proposed determination of the Secretary of Energy entitled
Energy Conservation Program: Energy Conservation Standards for General Service Incandescent Lamps (84 Fed. Reg. 46830 (September 5, 2019)).
Clean Air Act waivers
Notwithstanding any other provision of law—
any rescission of a waiver granted to the State of California to enforce emissions standards under the Clean Air Act (42 U.S.C. 7401 et seq.)—
is null and void; and
shall have no force or effect; and
on and after the date of enactment of this Act, the Administrator of the Environmental Protection Agency may not rescind a waiver granted to the State of California to enforce emissions standards under the Clean Air Act (42 U.S.C. 7401 et seq.).
No Federal funds available
No Federal funds made available for any fiscal year may be used to implement, administer, enforce, or carry out—
the Executive order described in section 2(a);
a final rule or direct final rule described in section 2(b)(1)(A);
a proposed rule or a proposed determination described in section 2(b)(2); or
a rescission of a waiver described in section 2(c).
Nothing in this Act shall be construed to impair any authority granted to the President.