Introduced in Senate — S. 1584

Section 1. Short title

This Act may be cited as the Transparency and Honesty in Energy Regulations Act of 2025.

Sec. 2. Definitions

In this Act:

(1) Federal agency

The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code.

(2) Social cost of carbon

The term social cost of carbon means—

(A)

the estimate of the social cost of carbon described in—

(i)

the document of the Interagency Working Group on Social Cost of Carbon, United States Government, entitled Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 and dated February 2010;

(ii)

the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 and dated February 2021;

(iii)

the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866, dated May 2013, revised in November 2013 and July 2015, and published and revised in August 2016;

(iv)

the document of the Environmental Protection Agency entitled Regulatory Impact Analysis for the New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule and dated April 2024;

(v)

the document of the Environmental Protection Agency entitled Regulatory Impact Analysis for the Final Federal Good Neighbor Plan Addressing Regional Ozone Transport for the 2015 Ozone National Ambient Air Quality Standard and dated March 2023;

(vi)

the document of the Environmental Protection Agency entitled Regulatory Impact Analysis for the Final National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review and dated April 2024;

(vii)

the document of the Environmental Protection Agency entitled Benefit and Cost Analysis for Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category and dated April 18, 2024; or

(viii)

any successor or substantially related document; and

(B)

any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year.

(3) Social cost of greenhouse gases

The term social cost of greenhouse gases means—

(A)

the estimate of the social cost of any greenhouse gas that is described in—

(i)

the document of the Interagency Working Group on Social Cost of Carbon, United States Government, entitled Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 and dated February 2010;

(ii)

the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866, dated May 2013, revised in November 2013 and July 2015, and published and revised in August 2016;

(iii)

the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide and dated August 2016;

(iv)

the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 and dated February 2021; or

(v)

any successor or substantially related document; and

(B)

any other estimate of the monetized damages associated with an incremental increase in greenhouse gas emissions in a given year.

(4) Social cost of methane

The term social cost of methane means—

(A)

the estimate of the social cost of methane described in—

(i)

the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide and dated August 2016;

(ii)

the document of the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 and dated February 2021;

(iii)

the document of the Environmental Protection Agency entitled Benefit and Cost Analysis for Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category and dated April 18, 2024; or

(iv)

any successor or substantially related document; and

(B)

any other estimate of the monetized damages associated with an incremental increase in methane emissions in a given year.

(5) Social cost of nitrous oxide

The term social cost of nitrous oxide means—

(A)

the estimate of the social cost of nitrous oxide described in—

(i)

the document of the Interagency Working Group on Social Cost of Carbon, United States Government, entitled Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide and dated August 2016;

(ii)

the document of the Interagency Working Group on Social Cost of Carbon, United States Government, entitled Technical Support Document: Social Cost of Carbon, Methane, and Nitrous Oxide Interim Estimates under Executive Order 13990 and dated February 2021; or

(iii)

any other successor or substantially related document; and

(B)

any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year.

Sec. 3. Prohibition on considering the social cost of greenhouse gases, including the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide

The head of a Federal agency may not consider the social cost of carbon, the social cost of methane, the social cost of nitrous oxide, or the social cost of greenhouse gases—

(1)

as part of any cost-benefit or cost-effectiveness analysis required under—

(A)

any law;

(B)

Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); or

(C)

Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review);

(2)

in any rulemaking;

(3)

in the issuance of any guidance;

(4)

in taking any other agency action; or

(5)

as a justification for any rulemaking, guidance document, or agency action.

Sec. 4. Report to Congress

Not later than 120 days after the date of enactment of this Act, the head of each Federal agency shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of greenhouse gases, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of greenhouse gases, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) or other relevant authority.

Sec. 5. Prioritizing accuracy in environmental analyses

(a) Limitation on permitting and regulation

(1) In general

In carrying out any permitting adjudication or regulatory process—

(A)

the head of each Federal agency shall, in taking into account any environmental considerations, only use such environmental considerations as are explicitly required under an Act of Congress; and

(B)

the use of any environmental consideration not described in subparagraph (A) is prohibited.

(2) Use of robust methodologies

In carrying out paragraph (1), the head of a Federal agency, in the determination of the head of that Federal agency—

(A)

shall strictly use the most robust methodology of assessment available; and

(B)

shall not use any methodology that is arbitrary or ideologically motivated.

(b) Regulatory analysis

The head of each Federal agency shall—

(1)

ensure that any estimates to assess the value of changes in greenhouse gas emissions resulting from the actions of that Federal agency, including with respect to the consideration of domestic versus international effects and evaluating appropriate discount rates, are, to the extent permitted by law, consistent with the guidance contained in Office of Management and Budget Circular A–4, dated September 17, 2003; and

(2)

as appropriate and consistent with applicable law, initiate a process to make such changes to any rule, regulation, policy, or action of the Federal agency as may be necessary to ensure consistency with Office of Management and Budget Circular A–4, dated September 17, 2003.