[House Report 114-177]
[From the U.S. Government Publishing Office]


114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {     114-177

======================================================================

 
      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2822) MAKING 
  APPROPRIATIONS FOR THE DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 
RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, AND FOR 
OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2042) TO 
 ALLOW FOR JUDICIAL REVIEW OF ANY FINAL RULE ADDRESSING CARBON DIOXIDE 
 EMISSIONS FROM EXISTING FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING 
 UNITS BEFORE REQUIRING COMPLIANCE WITH SUCH RULE, AND TO ALLOW STATES 
 TO PROTECT HOUSEHOLDS AND BUSINESSES FROM SIGNIFICANT ADVERSE EFFECTS 
ON ELECTRICITY RATEPAYERS OR RELIABILITY; AND PROVIDING FOR PROCEEDINGS 
       DURING THE PERIOD FROM JUNE 26, 2015, THROUGH JULY 6, 2015

                                _______
                                

   June 23, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Burgess, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 333]

    The Committee on Rules, having had under consideration 
House Resolution 333, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2822, the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2016, under a modified-open rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Appropriations. The resolution waives all points 
of order against consideration of the bill. The resolution 
waives points of order against provisions in the bill for 
failure to comply with clause 2 of rule XXI. The resolution 
provides that after general debate the bill shall be considered 
for amendment under the five-minute rule except that: 1) 
amendments shall be debatable for 10 minutes equally divided 
and controlled by the proponent and an opponent and shall not 
be subject to amendment; and 2) no pro forma amendments shall 
be in order except that the chair and ranking minority member 
of the Committee on Appropriations or their respective 
designees may offer up to 10 pro forma amendments each at any 
point for the purpose of debate. The resolution authorizes the 
Chair to accord priority in recognition to Members who have 
pre-printed their amendments in the Congressional Record. The 
resolution provides one motion to recommit with or without 
instructions.
    The resolution provides for consideration of H.R. 2042, the 
Ratepayer Protection Act, under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Energy and Commerce. The resolution waives all 
points of order against consideration of the bill. The 
resolution makes in order as original text for purpose of 
amendment an amendment in the nature of a substitute consisting 
of the text of Rules Committee Print 114-20 and provides that 
it shall be considered as read. The resolution waives all 
points of order against that amendment in the nature of a 
substitute. The resolution makes in order only those further 
amendments printed in this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions.
    Section 3 of the resolution provides for consideration of 
concurrent resolutions providing for adjournment during the 
month of July, 2015.
    Section 4 of the resolution provides that on any 
legislative day during the period from June 26, 2015, through 
July 6, 2015: the Journal of the proceedings of the previous 
day shall be considered as approved; and the Chair may at any 
time declare the House adjourned to meet at a date and time to 
be announced by the Chair in declaring the adjournment.
    Section 5 of the resolution provides that the Speaker may 
appoint Members to perform the duties of the Chair for the 
duration of the period addressed by section 4.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 2822 includes a waiver of clause 3(e)(1) of rule XIII 
(``Ramseyer''), requiring a committee report accompanying a 
bill amending or repealing statutes to show, by typographical 
device, parts of statute affected. The waiver is provided 
because the submission provided by the committee was 
insufficient to meet the standards established by the rule in 
its current form. The Committee on Rules continues to work with 
the House Office of Legislative Counsel and committees to 
determine the steps necessary to comply with the updated rule.
    The resolution includes a waiver of points of order against 
provisions in H.R. 2822 for failure to comply with clause 2 of 
rule XXI, which prohibits unauthorized appropriations or 
legislative provisions in an appropriations bill. This waiver 
is necessary because H.R. 2822 contains unauthorized 
appropriations and legislative provisions.
    Although the resolution waives all points of order against 
consideration of H.R. 2042, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 2042 made 
in order as original text, the committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 2042 printed in this report, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Section 3 of the resolution includes a waiver of all points 
of order against consideration of a July 4th adjournment 
resolution. While adjournment resolutions are ordinarily 
privileged, a point of order could be raised against the July 
4th district work period adjournment resolution for failure to 
comply with sections 309 and 310(f) of the Budget Act. Section 
309 prohibits the House from adjourning for more than three 
days in July unless the House has completed action on all 
appropriations bills. Since the House has not yet completed all 
action on appropriations bills, this provision is necessary. 
Section 310(f) prohibits the House from adjourning for more 
than three days in July unless the House has completed action 
on the reconciliation legislation for the first fiscal year of 
the concurrent resolution on the Budget. Since the House has 
not yet completed all action on reconciliation legislation, 
this provision is necessary.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 82

    Motion by Ms. Slaughter to report open rules for H.R. 2822 
and H.R. 2042. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 83

    Motion by Mr. Cole to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

          SUMMARY OF THE AMENDMENTS TO H.R. 2042 MADE IN ORDER

    1. Pallone (NJ): Requires a governor wishing to opt out of 
the Clean Power Plan, to include a certification that electric 
generating units are sources of carbon pollution that 
contribute to human-induced climate change; and the state or 
federal plan to reduce carbon emissions from electric 
generating units would promote national security, economic 
growth and public health by addressing human induced climate 
change through the increased use of clean energy, energy 
efficiency and reductions in carbon pollution. (10 minutes)
    2. Rush (IL): Requires a governor's determination and shall 
also include certification that the inapplicability of a state 
or federal plan will not have a significant adverse effect on 
costs associated with a State's plan to respond to extreme 
weather events associated with human-caused climate change, 
including flooding, intense storms, frequent wildfires, and 
increased drought. (10 minutes)
    3. Huizenga (MI), Kildee (MI), Collins (GA): Offers a sense 
of Congress that the EPA should specifically address how the 
megawatt hours discharged from pumped hydroelectric storage 
will be incorporated in State and Federal implementation plans 
created by final rules made under section (2)(b) of this bill. 
(10 minutes)
    4. McNerney (CA): Requires a state public utility 
commission/public service commission and the Electric 
Reliability Organization to conduct an analysis of any state or 
federal plan. (10 minutes)
    5. Newhouse (WA), Herrera Beutler (WA): Directs EPA to 
recognize hydropower as a renewable energy source when issuing, 
implementing, and enforcing any final rule to address carbon 
dioxide emissions from existing sources under section 111(d) of 
the Clean Air Act. (10 minutes)

             TEXT OF AMENDMENTS TO H.R. 2042 MADE IN ORDER

  1. An Amendment To Be Offered by Representative Pallone Jr. of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 4, after line 15, insert the following (and redesignate 
subsection (b) as subsection (c)):
  (b) Additional Certification Regarding Costs of Responding to 
Human-Caused Climate Change.--For a Governor's determination to 
have the effect described in subsection (a), such determination 
shall include a certification that--
          (1) electricity generating units are sources of 
        carbon pollution that contribute to human-induced 
        climate change; and
          (2) the State or Federal plan to reduce carbon 
        emissions from electric utility generating units would 
        promote national security, economic growth, and public 
        health by addressing human-induced climate change 
        through the increased use of clean energy, energy 
        efficiency, and reductions in carbon pollution.
                              ----------                              


2. An Amendment To Be Offered by Representative Rush of Illinois or His 
                   Designee, Debatable for 10 Minutes

  Page 4, after line 15, insert the following (and redesignate 
subsection (b) as subsection (c)):
  (b) Additional Certification Regarding Costs of Responding to 
Human-Caused Climate Change.--For a Governor's determination to 
have the effect described in subsection (a), such determination 
shall include a certification that the inapplicability of a 
State or Federal plan described in such subsection will not 
have a significant adverse effect on costs associated with a 
State's plan to respond to extreme weather events associated 
with human-caused climate change, taking into account any costs 
necessary to--
          (1) adapt or respond to increased sea level rise or 
        flooding;
          (2) prepare for or respond to more frequent and 
        intense storms;
          (3) fight or otherwise respond to more frequent and 
        intense wildfires; and
          (4) adapt or respond to increased drought.
                              ----------                              


3. An Amendment To Be Offered by Representative Huizenga of Michigan or 
                 His Designee, Debatable for 10 Minutes

  At the end of section 2 of the bill, add the following:
  (d) Sense of Congress.--The Congress encourages the 
Administrator of the Environmental Protection Agency, in 
promulgating, implementing, or enforcing any final rule 
described in subsection (b), to specifically address how the 
megawatt hours discharged from a pumped hydroelectric storage 
system will be incorporated into State and Federal 
implementation plans adopted pursuant to any such final rule.
                              ----------                              


4. An Amendment To Be Offered by Representative McNerney of California 
               or His Designee, Debatable for 10 Minutes

  Strike section 2.
  Redesignate section 3 as section 2 and amend such section (as 
so redesignated) to read as follows:

SEC. 2. RATEPAYER PROTECTION.

  (a) Effects of Plans.--In developing a State or Federal plan 
pursuant to any final rule described in subsection (c), a State 
or the Administrator shall--
          (1) consult with the State's public utility 
        commission or public service commission, and the 
        Electric Reliability Organization; and
          (2) to the extent available, consider any independent 
        reliability analysis prepared by such entities during 
        development of such plan.
  (b) Independent Reliability Analysis.--In preparing an 
independent reliability analysis for purposes of subsection 
(a), a State's public utility commission or public service 
commission, and the Electric Reliability Organization, shall 
evaluate the anticipated effects of implementation and 
enforcement of the final rule on--
          (1) regional electric reliability and resource 
        adequacy;
          (2) operation of wholesale electricity markets within 
        the region involved;
          (3) existing and planned transmission and 
        distribution infrastructure; and
          (4) projected electricity demands.
  (c) Final Rules Described.--A final rule described in this 
subsection is any final rule to address carbon dioxide 
emissions from existing sources that are fossil fuel-fired 
electric utility generating units under section 111(d) of the 
Clean Air Act (42 U.S.C. 7411(d)), including any final rule 
that succeeds--
          (1) the proposed rule entitled ``Carbon Pollution 
        Emission Guidelines for Existing Stationary Sources: 
        Electric Utility Generating Units'' published at 79 
        Fed. Reg. 34830 (June 18, 2014); or
          (2) the supplemental proposed rule entitled ``Carbon 
        Pollution Emission Guidelines for Existing Stationary 
        Sources: EDUs in Indian Country and U.S. Territories; 
        Multi-Jurisdictional Partnerships'' published at 79 
        Fed. Reg 65482 (November 4, 2014).
  (d) Definitions.--In this section, the term ``Electric 
Reliability Organization'' has the meaning given to such term 
in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
                              ----------                              


5. An Amendment To Be Offered by Representative Newhouse of Washington 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 4. TREATMENT OF HYDROPOWER AS RENEWABLE ENERGY.

  In issuing, implementing, and enforcing any final rule 
described in section 2(b), the Administrator of the 
Environmental Protection Agency shall treat hydropower as 
renewable energy.

                                  [all]