H.Res. 333: H.R. 2042 – Ratepayer Protection Act of 2015; H.R. 2822 – Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 9-4 on Tuesday, June 23, 2015.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 244-178 AFTER ORDERING THE PREVIOUS QUESTION BY A RECORD VOTE OF 243-181 on Wednesday, June 24, 2015.

MANAGERS:Polis/Burgess

114th Congress

1st Session

Rule

H.RES. 333

Report No. 114-177

 

 

H.R. 2042 - Ratepayer Protection Act of 2015

H.R. 2822 - Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016

  1. Modified-open rule for H.R. 2822.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.
  3. Waives all points of order against consideration of the bill.
  4. Waives points of order against provisions in the bill for failure to comply with clause 2 of rule XXI.
  5. 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.
  6. Authorizes the Chair to accord priority in recognition to Members who have pre-printed their amendments in the Congressional Record.
  7. Provides one motion to recommit with or without instructions.
  8. Structured rule for H.R. 2042.
  9. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.
  10. Waives all points of order against consideration of the bill.
  11. 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.
  12. Waives all points of order against that amendment in the nature of a substitute.
  13. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, it may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.
  14. Waives all points of order against the amendments printed in the report.
  15. Provides one motion to recommit with or without instructions.
  16. Section 3 provides for consideration of concurrent resolutions providing for adjournment during the month of July, 2015.
  17. Section 4 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.
  18. Section 5 provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 4.

 

RESOLUTION

Resolved, That (a) at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived.

(b) During consideration of the bill for amendment-

(1) each amendment, other than amendments provided for in paragraph (2), shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent and shall not be subject to amendment except as provided in paragraph (2);

(2) no pro forma amendment 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; and (3) the chair of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read.

(c) When the committee rises and reports the bill back to the House with a recommendation that the bill do pass, the previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-20. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order ·against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 3. It shall be in order without intervention of any point of order to consider concurrent resolutions providing for adjournment during the month of July, 2015.

Sec. 4. On any legislative day during the period from June 26, 2015, through July 6, 2015-

(a) the Journal of the proceedings of the previous day shall be considered as approved; and

(b) the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.

Sec. 5. The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 4 of this resolution as though under clause 8(a) of rule I.

 

SUMMARY OF AMENDMENTS TO H.R. 2042 PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Pallone (NJ)

6

(REVISED) 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)

1

(REVISED) 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)

3

(REVISED) 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)

7

(REVISED) 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)

8

(LATE) 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)