Bill Summary
The "Zero-Based Regulatory Budgeting to Unleash American Energy Act of 2025" is a legislative proposal aimed at reforming how certain federal regulations are managed by specific agencies. The key provisions of this bill include:
1. **Sunset Provisions**: All existing regulations from designated agencies, including the Department of Energy and various bureaus within the Department of the Interior, must include a built-in expiration date. Existing regulations will automatically expire one year after the amendment, while new regulations will have a maximum lifespan of five years unless exempted.
2. **Regulatory Renewal Process**: Covered agencies can extend the expiration date of a regulation for an additional five years, but this requires a public comment period to assess the regulation's costs and benefits. If an amendment to a regulation is deemed to have a deregulatory effect, it can be extended without the public comment requirement.
3. **Enforcement and Compliance**: If a regulation is not extended as stipulated, it will cease to be enforceable, and the agency must remove it from the Code of Federal Regulations.
4. **Administrative Provisions**: The Act clarifies that it does not create enforceable rights against the United States or its agencies and maintains existing authorities granted by law to executive departments.
Overall, the legislation seeks to streamline regulatory processes and potentially reduce regulatory burdens in the energy sector by mandating regular review and expiration of regulations.
Possible Impacts
The "Zero-Based Regulatory Budgeting to Unleash American Energy Act of 2025" could affect people in a variety of ways. Here are three examples:
1. **Impact on Environmental Protections**: The legislation could lead to the expiration of existing environmental regulations that are deemed restrictive or burdensome. For individuals living near energy production sites (like oil and gas fields or mining operations), this could result in increased pollution and environmental degradation. As regulations expire without extensions, there may be less oversight to mitigate adverse environmental impacts, potentially affecting air and water quality, public health, and local ecosystems.
2. **Changes in Energy Costs and Access**: By potentially streamlining or reducing regulatory burdens on energy production, the legislation might lead to lower energy costs for consumers if companies can operate more efficiently and pass those savings on. However, it could also create volatility in energy markets, as the lack of regulation might lead to overproduction or underproduction of energy resources, affecting availability and prices for consumers. This could disproportionately affect low-income households that spend a larger percentage of their income on energy.
3. **Public Involvement and Accountability**: The requirement for public comment before the extension of regulations could empower citizens and advocacy groups to have a voice in regulatory processes. However, if agencies do not adequately consider public input or if they find ways to circumvent the public comment process (e.g., by classifying certain regulations as having a "net deregulatory effect"), there may be a perception of reduced accountability and transparency in government decision-making. This could lead to public disillusionment with regulatory agencies and a sense that the interests of citizens are not adequately represented in energy policy decisions.
These effects highlight the balance between regulatory oversight and economic development, illustrating the complex implications of such legislation for different stakeholders.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2427 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2427
To require certain agencies to impose extendable sunset dates on
certain regulations, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2025
Mr. Risch introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To require certain agencies to impose extendable sunset dates on
certain regulations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero-Based Regulatory Budgeting to
Unleash American Energy Act of 2025''.
SEC. 2. DEFINITIONS; STATUTORY IDENTIFICATION.
In this Act:
(1) Covered agency.--The term ``covered agency'' means each
of the following:
(A) The Department of Energy.
(B) Each of the following offices within the
Department of the Interior:
(i) The Bureau of Land Management.
(ii) The Bureau of Ocean Energy Management.
(iii) The Bureau of Safety and
Environmental Enforcement.
(iv) The Office of Surface Mining
Reclamation and Enforcement.
(C) The Federal Energy Regulatory Commission.
(2) Covered regulation.--The term ``covered regulation''
means--
(A) with respect to the Department of Energy, any
regulation promulgated by the Department of Energy
under or pursuant to--
(i) the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.);
(ii) the Energy Independence and Security
Act of 2007 (42 U.S.C. 17001 et seq.);
(iii) the Energy Policy Act of 1992 (42
U.S.C. 13201 et seq.);
(iv) the Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.); or
(v) part B of title III of the Energy
Policy and Conservation Act (42 U.S.C. 6291 et
seq.);
(B) with respect to the Bureau of Land Management,
any regulation promulgated by the Bureau of Land
Management under or pursuant to--
(i) the Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.);
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); or
(iii) sections 2319 through 2344 of the
Revised Statutes (commonly known as the
``Mining Law of 1872'') (30 U.S.C. 22 et seq.);
(C) with respect to the Bureau of Ocean Energy
Management, any regulation promulgated by the Bureau of
Ocean Energy Management under or pursuant to--
(i) the Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.); or
(ii) the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.);
(D) with respect to the Bureau of Safety and
Environmental Enforcement, any regulation promulgated
by the Bureau of Safety and Environmental Enforcement
under or pursuant to the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.);
(E) with respect to the Office of Surface Mining
Reclamation and Enforcement, any regulation promulgated
by the Office of Surface Mining Reclamation and
Enforcement under or pursuant to the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1201 et
seq.); and
(F) with respect to the Federal Energy Regulatory
Commission, any regulation promulgated by the Federal
Energy Regulatory Commission under or pursuant to--
(i) the Federal Power Act (16 U.S.C. 791a
et seq.);
(ii) the Natural Gas Act (15 U.S.C. 717 et
seq.); or
(iii) the Powerplant and Industrial Fuel
Use Act of 1978 (42 U.S.C. 8301 et seq.).
(3) Regulation.--The term ``regulation'' means each part,
subpart, or individual provision of a rule (as defined in
section 551 of title 5, United States Code) promulgated by a
covered agency.
SEC. 3. ZERO-BASED REGULATING.
(a) Sunsets Required.--
(1) Existing regulations.--Not later than 90 days after the
date of enactment of this Act, the head of each covered agency
shall amend each covered regulation in effect on that date to
provide that each covered regulation expires not later than the
date that is 1 year after the effective date of that amendment.
(2) New regulations.--
(A) In general.--Subject to subparagraph (B), for
each covered regulation promulgated on or after the
date of enactment of this Act, the head of the
applicable covered agency shall ensure that the covered
regulation expires not later than 5 years after the
effective date of the covered regulation.
(B) Waiver.--The head of a covered agency may
exempt a covered regulation promulgated by the covered
agency on or after the date of enactment of this Act
from the requirement under subparagraph (A) if the head
of the covered agency--
(i) determines that the covered regulation
has a net deregulatory effect; and
(ii) notifies the Director of the Office of
Management and Budget of that determination.
(b) Extension of Sunsets.--
(1) In general.--The head of a covered agency may only
extend an expiration date imposed pursuant to subsection (a)--
(A) to a date that is not more than 5 years after
the current expiration date; and
(B) if, before the current expiration date and
except as provided in paragraph (2)(A)--
(i) the head of the covered agency provides
an opportunity for public comment on the costs
and benefits of the applicable covered
regulation, which may include the publication
of a request for information with respect to
the covered regulation; and
(ii) following the completion of the
opportunity for public comment under clause
(i), the head of the covered agency determines,
based on the comments provided in that
opportunity, that an extension of the covered
regulation is warranted.
(2) Effect of amendments.--
(A) Deregulatory amendments.--If the head of a
covered agency determines that an amendment to a
covered regulation of that covered agency has a net
deregulatory effect, the amendment may extend the
expiration date for that covered regulation without
carrying out the requirements of subparagraph (B) of
paragraph (1), subject to the limitation described in
subparagraph (A) of that paragraph.
(B) Other amendments.--If the head of a covered
agency does not make the determination described in
subparagraph (A) with respect to an amendment to a
covered regulation of that covered agency, the existing
expiration date of the covered regulation being amended
shall apply to that amendment unless the requirements
described in paragraph (1)(B) have been met.
(3) Continued extensions.--The head of a covered agency may
extend the expiration date of a covered regulation as many
times as the head of the agency determines appropriate, subject
to the condition that each extension meets the requirements of
this subsection.
(4) Savings provision.--Seeking public comment with respect
to a covered regulation under paragraph (1)(B)(i), including
through a request for information, shall not automatically
extend the applicable expiration date of the covered
regulation.
(c) Effect of Sunset.--If the expiration date of a covered
regulation is not extended in accordance with subsection (b)--
(1) the covered regulation shall cease to have any effect
as of that expiration date;
(2) the applicable covered agency shall not enforce the
covered regulation on or after that expiration date; and
(3) as soon as practicable after that expiration date, the
head of the applicable covered agency shall remove the covered
regulation from the Code of Federal Regulations.
SEC. 4. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance, shall not be affected.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Savings Provisions.--Nothing in this Act impairs or otherwise
affects the authority granted by law to an executive department or
agency, or the head of an executive department or agency.
(b) No Rights or Benefits.--Nothing in this Act creates any right
or benefit, substantive or procedural, enforceable at law or in equity,
by any party against the United States, the departments, agencies, or
entities of the United States, the officers, employees, or agents of
the United States, or any other person.
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