Section 1. Short title
This Act may be cited as the Make DTE Pay Act.
Section 2. Clean Air Act penalty enhancement
Section 120(b) of the Clean Air Act (42 U.S.C. 7420(b)) is amended—
(1) in paragraph (8), by striking and after the semicolon;
(2) in paragraph (9), by striking (d)(4). and inserting (d)(4); and; and
(3) by adding after paragraph (9) the following:
(10) notwithstanding any other provision of this section, require the State or the Administrator to, with respect to a noncomplying stationary source that is owned or operated by an investor-owned electric utility or gas utility, adjust the amount of the penalty assessed, by increasing the penalty by an amount that is equal to the amount of the original assessment, for each rate increase that the utility—
(A) received in the 2-year period preceding the original assessment of the penalty; and
(B) seeks in the 2-year period following the original assessment (regardless of whether such rate increase is approved or is pending before a regulatory authority).