[House Report 118-85]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {      118-85

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



 
                  GAS STOVE PROTECTION AND FREEDOM ACT

                                _______
                                

  June 1, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1615]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1615) to prohibit the use of Federal funds to 
ban gas stoves, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Action.................................................     3
Committee Votes..................................................     3
Oversight Findings and Recommendations...........................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     5
Federal Mandates Statement.......................................     5
Statement of General Performance Goals and Objectives............     5
Duplication of Federal Programs..................................     5
Related Committee and Subcommittee Hearings......................     5
Committee Cost Estimate..........................................     6
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     6
Minority.........................................................     7

                          PURPOSE AND SUMMARY

    This bill prohibits the Consumer Product Safety Commission 
(CPSC) from using federal funds to (1) regulate gas stoves as a 
banned hazardous product, or (2) issue or enforce a product 
safety standard that prohibits the use or sale of gas stoves or 
substantially increases their price.

                  BACKGROUND AND NEED FOR LEGISLATION

    In January of 2023, media reports indicated that 
Commissioner Richard Trumka, Jr., of the CPSC called on the 
agency to ban gas stoves.\1\ This led to many more media 
reports stating that the CPSC was considering a universal ban 
on gas stoves. It was also later discovered that the Rocky 
Mountain Institute, the group behind a study cited in CPSC 
Commissioner Richard Trumka, Jr.'s call to ban gas stoves, had 
partnered with the Chinese government to implement an 
``economy-wide transformation'' away from oil and gas.\2\
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    \1\Ari Natter, US Safety Agency to Consider Ban on Gas Stoves Amid 
Health Fears, Bloomberg (Jan. 9, 2023), https://www.bloomberg.com/news/
articles/2023-01-09/us-safety-agency-to-consider-ban-on-gas-stoves-
amid-health-fears#xj4y7vzkg.
    \2\Colin Anderson and Joseph Simonson, Meet The Green Energy Group 
Behind The Study That's Driving Calls To Ban Gas Stoves, Washington 
Free Beacon (Jan. 16, 2023), https://freebeacon.com/biden-
administration/meet-the-green-energy-group-behind-the-study-thats-
driving-calls-to-ban-gas-stoves/.S
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    A ban on gas stoves would hamper choice in the marketplace 
and could have adverse consequences for buyers who may seek 
this feature out of preference or for cost reasons. Media 
reports have also covered conflicting messages sent by cities 
and counties over whether there is an actual hazard. For 
instance, as gas stove bans are taking effect in cities across 
California, some California localities are exempting certain 
restaurants from these bans.\3\ Jose Andres, a celebrity 
activist chef based in Washington, D.C., was able to obtain 
such an exemption.\4\ Lawyers for Andres successfully argued to 
the city of Palo Alto that Jose Andres' restaurant ```Zaytinya 
relies on traditional cooking methods' that could not work 
without gas. The letter included a threat: Without gas hookups 
and appliances, `Zaytinya will likely choose not to locate 
within the city.'''\5\
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    \3\Terry Castleman, Despite Palo Alto's ban on natural gas, Jose 
Andres can cook with it at his new restaurant (May 19, 2023), https://
www.latimes.com/california/story/2023-05-19/chef-jose-andres-natural-
gas-palo-alto-restaurant-zaytinya.
    \4\City of Palo Alto, Stanford Shopping Center Gas Utility Service 
Connection Update (May 16, 2023), https://www.cityofpaloalto.org/News-
Articles/City-Manager/Stanford-Shopping-Center-Gas-Utility-Service-
Connection-Update.
    \5\Supra note 3.
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    H.R. 1615 is designed to ensure that Americans--not just 
activist celebrity chefs who can afford lawyers and lobbyists--
will have a full range of safe and fully functional gas stoves 
available for purchase. The government should not decide which 
chefs and home cooks are gas worthy, rather consumers should 
make such choices.
    An oversight letter and follow up communications from the 
Chair of the Committee on Energy and Commerce supports the need 
for a prohibition on the banning of gas stoves by the CPSC.\6\
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    \6\Letter from Hon. Cathy McMorris Rodgers to Hon. Alex Hoehn-Saric 
(Jan. 13, 2023), https://d1dth6e84htgma.cloudfront.net/
2023_01_13_CPSC_Gas_Stove_Ban_Letter_bfb4c46599.pdf?
updated_at=2023-01-17T14:59:57.203Z; response and subsequent email 
exchanges are on file with the House Energy & Commerce Majority Staff.
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                            COMMITTEE ACTION

    On May 24, 2023, the full Committee on Energy and Commerce 
met in open markup session and ordered H.R. 1615, without 
amendment, favorably reported to the House by a record vote of 
29 yeas and 19 nays.
    Democrats are complaining that H.R. 1615 did not follow 
``regular order.'' We expect to hear more false cries about 
``regular order'' during the Floor debate on this bill. The 
Stove issue was raised at a February 16, 2023, the Subcommittee 
on Energy, Climate, and Grid Security held a hearing that 
discussed gas stove bans, and a May 11, 2023, the Subcommittee 
on Energy, Climate, and Grid Security held a hearing that 
discussed gas stove bans.
    It is worth reflecting on what ``regular order'' means when 
Democrats are in the majority. During the last Congress, the 
Democrats moved a massive Reconciliation bill (H.R. 5376) 
through the House.
    This was an enormous, costly bill. No hearings were held on 
the bill, and no subcommittee markups were held. In fact, when 
the Energy and Commerce Committee held its full committee 
markup, this bill was just collection of 16 ``Committee 
Prints.'' The Democrats still had not even introduced the 
``Committee Prints'' in the House.
    There were no hearings on these ``Committee Prints.''
    There were no subcommittee markups on these ``Committee 
Prints.''
    Democrats are not serious when they complain about 
``regular order'' here.
    Although Democrats' notions of ``regular order'' fluctuate 
depending on if they are in the majority or the minority, there 
was thorough Committee consideration of the issue of gas stoves 
prior to forwarding this bill to the full House for 
consideration.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held hearings and made findings that 
are reflected in this report.

           NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND 
                            TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 1615 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
prohibit the Consumer Product Safety Commission from using 
federal funds to (1) regulate gas stoves as a banned hazardous 
product, or (2) issue or enforce a product safety standard that 
prohibits the use or sale of gas stoves or substantially 
increases their price.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 1615 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

              RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS

    Pursuant to clause 3(c)(6) of rule XIII,
    (1) the following hearing was used to develop or consider 
H.R. 1615:
           On February 16, 2023, the Subcommittee on 
        Energy, Climate, and Grid Security held a hearing that 
        discussed gas stove bans. The Subcommittee received 
        testimony from:
                   The Honorable Lori Blong, Mayor 
                of Midland, Texas, and President of Octane 
                Energy;
                   Mr. Adrian Carrasco, Chairman 
                Midland Hispanic Chamber of Commerce, and 
                President of Premier Energy Services;
                   Mr. Steven Pruett, President and 
                CEO, Elevation Resources, in Midland, and 
                Chairman of the Board for Independent Petroleum 
                Association of America; and
                   Dr. Michael S. Zavada, Professor 
                of Biology & Geosciences, Chair, Department of 
                Geosciences, The University of Texas--Permian 
                Basin.
    (2) The following related hearing was held:
           On May 11, 2023, the Subcommittee on Energy, 
        Climate, and Grid Security held a hearing that 
        discussed gas stove bans. The Subcommittee received 
        testimony from:
                   The Honorable Jennifer Granholm, 
                Secretary, U.S. Department of Energy

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

       EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 1615 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Gas Stove Protection and Freedom Act.''

Section 2. Definitions

    Section 2 provides definitions for ``commission,'' ``gas 
stove,'' and ``substantially increase the average price of gas 
stoves.''

Section 3. Prohibition on CPSC banning gas stoves

    Section 3 prohibits the CPSC from using federal funds to 
(1) regulate gas stoves as a banned hazardous product, or (2) 
issue or enforce a product safety standard that prohibits the 
use or sale of gas stoves or substantially increases their 
price.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                             MINORITY VIEWS

    H.R. 1615, the Gas Stoves Protection and Freedom Act, would 
prohibit the Consumer Product Safety Commission (CPSC) from 
using federal funds to regulate any gas stove as a banned 
hazardous product or issue or enforce a product safety standard 
that prohibits the use or sale of any gas stoves or 
substantially increases their price. Neither the full Committee 
nor the Innovation, Data, and Commerce Subcommittee responsible 
for CPSC oversight held a single hearing on the need for or 
impact of imposing any limitations on the CPSC's authority over 
the safety of gas stoves. The hearings held in the Energy, 
Climate, and Grid Security Subcommittee referenced in this 
Report did not raise any issues with respect to the CPSC's 
authority and responsibility relating to gas stove emissions. 
As a result, as justification for this legislation, this Report 
resorts to alleging that, according to ``media reports,'' a 
single member of the bipartisan CPSC has proposed to ban gas 
stoves. That is not a meaningful basis for adopting legislation 
that would hamstring the CPSC in its efforts to protect 
Americans should it find in the future that any gas stoves 
impose undue health and safety risks to American consumers.
    The CPSC carries out its mission of protecting consumers 
from unreasonable risk of injury or death through 
investigations and research, working with industry to develop 
safety standards, recalling unsafe products, and enforcing 
mandatory standards when necessary. Legitimate concerns of 
detrimental health and safety impacts, that warrant CPSC 
investigation, have been raised about emissions created by 
specific models of gas stoves and by gas stoves more generally.
    Indeed, late last year the CPSC issued a recall on a type 
of gas stove that it found to pose a serious risk of injury or 
death from carbon monoxide poisoning.\1\ Had this legislation 
been in effect, the CPSC would have been barred from taking 
that action and Americans that own such stoves would have been 
exposed to dangerous levels of carbon monoxide. More broadly, 
observational studies have found that children living in 
households that use gas stoves are 42% more likely to develop 
asthma.\2\ In adults, the use of gas stoves may be linked to 
increased inflammation of airways, increased asthma attacks, 
and reduced lung function.\3\
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    \1\Consumer Product Safety Commission, ZLINE Recalls Gas Ranges Due 
to Serious Risk of Injury or Death from Carbon Monoxide Poisoning 
(December 2022) (https://www.cpsc.gov/Recalls/2023/ZLINE-Recalls-Gas-
Ranges-Due-to-Serious-Risk-of-Injury-or-Death-from-Carbon-Monoxide-
Poisoning).
    \2\Harvard Medical School, Have a Gas Stove? How to Reduce 
Pollution that May Harm Health (September 2022) (https://
www.health.harvard.edu/blog/have-a-gas-stove-how-to-reduce-pollution-
that-may-harm-health-202209072811).
    \3\American Lung Association, Nitrogen Dioxide (April 2023) 
(https://www.lung.org/clean-air/outdoors/what-makes-air-unhealthy/
nitrogen-dioxide).
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    Appropriately, the CPSC has sought information from 
scientists and consumers about potential hazards from gas stove 
emissions, and possible methods of remediating such hazards.\4\ 
However, as the Chair of the CPSC has publicly explained, the 
Commission is not conducting a proceeding to ban gas stoves.\5\
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    \4\CPSC Approves Request for Information on Gas Stove Hazards 
(March 1, 2023). (Https://www.cpsc.gov/About-CPSC/Commissioner/Richard-
Trumka/Statement/CPSC-Approves-Request-for-Information-on-Gas-Stove-
Hazards-and-Potential-Solutions).
    \5\Statement of Chair Alexander Hoehn-Saric Regarding Gas Stoves | 
CPSC.gov (January 11, 2023) (https://www.cpsc.gov/About-CPSC/Chairman/
Alexander-Hoehn-Saric/Statement/Statement-of-Chair-Alexander-Hoehn-
Saric-Regarding-Gas-Stoves).
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    This legislation would not protect Americans' choice to 
purchase safe and effective gas stoves. That choice is not at 
risk. Instead, it would prevent the CPSC from identifying and 
protecting Americans from any unsafe gas stoves, including 
those with design defects that could cause serious injury or 
death to American consumers.

                                        Frank Pallone, Jr.,
                                                    Ranking Member.

                                  [all]