Statement of Administration Policy: H.R. 3826 - Electricity Security and Affordability Act

(House Rules)

(Rep. Whitfield, R-Kentucky, and 94 cosponsors)

The Administration strongly opposes H.R. 3826, which would undermine the public health protections of the Clean Air Act (CAA) and stop U.S. progress in cutting dangerous carbon pollution from power plants. In 2009, EPA determined that Greenhouse Gas (GHG) pollution threatens Americans' health and welfare by leading to long-lasting climate changes that are already having a range of negative effects on human health and the environment. Power plants account for roughly one-third of all domestic GHG emissions. While the United States limits emissions of arsenic, mercury, and lead pollution from power plants, there are no national limits on power plant carbon pollution. As part of his Climate Action Plan, the President directed the Environmental Protection Agency (EPA) to work with States, utilities, and other stakeholders to develop standards to end the limitless dumping of carbon pollution from power plants. H.R. 3826 would block those important efforts, threatening the health and safety of Americans.

H.R. 3826 would nullify proposed carbon pollution standards for future power plants, and arbitrarily restrict the available technologies that could be considered for any new standards. This requirement would stifle progress in reducing carbon pollution by discouraging the adoption of currently available and effective technology, and would limit further development of cutting-edge clean energy technologies. Finally, the bill could delay indefinitely reductions in carbon pollution from existing power plants by prohibiting forthcoming rules from taking effect until Congress passes legislation setting the effective date of the rules. This would undermine regulatory certainty and prevent timely action on standards for the power sector -- the largest source of carbon pollution in the country.

Since it was enacted in 1970, and amended in 1977 and 1990, each time with strong bipartisan support, the CAA has improved the Nation's air quality and protected public health. Over that same period of time, the economy has grown over 200 percent while emissions of key pollutants have decreased by more than 70 percent. Forty years of clean air regulation has shown that a strong economy and strong environmental and public health protection go hand-in-hand.

The Administration stands ready to work with Congress to enact comprehensive legislation to achieve meaningful reductions in carbon pollution. However, the President has made it clear that if Congress fails to act to protect future generations from the threat of climate change, his Administration will.

Because H.R. 3826 threatens the health and economic welfare of future generations by blocking important standards to reduce carbon pollution from the power sector, if the President is presented with H.R. 3826, his senior advisors would recommend that he veto the bill.