H.R. 6 - Energy Policy Act of 2005

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, April 19, 2005.
FLOOR ACTION: ADOPTED BY VOICE VOTE on Wednesday, April 20, 2005
MANAGERS: SESSIONS/MCGOVERN
109th Congress
1st Session

H. RES. 219
[Report No. 109-43]

H.R. 6 - Energy Policy Act of 2005

1. Structured rule.

2. Provides one hour and 30 minutes of general debate with 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce and 20 minutes equally divided and controlled by the chairmen and ranking minority members of each of the following Committees: Science, Resources, and Ways and Means.

3. Waives all points of order against consideration of the bill.

4. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

5. Provides that the amendments made in order 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 except as specified in the report, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

6. Waives all points of order against the amendments printed in the report.

7. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the 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. 6) to ensure jobs for our future with secure, affordable, and reliable energy. 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 and 30 minutes, with 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce, and 20 minutes equally divided and controlled by the chairman and ranking minority member of each of the Committees on Science, Resources, and Ways and Means. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. No amendment to the bill 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 except as specified in the report, 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. 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.

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by the amendment sponsor.)

 

Barton #85
Manager's Amendment.
Changes Table of Contents. Sets ESPC cap at $500 million by having OMB approve contracts. Includes ceiling fan efficiency standards. Limits preemption on state consumer product energy efficiency standards. Includes affordable housing amendments. Moves photovoltaic program back from DOE to GSA. Deletes duplicative provisions reported by the Resources Committee. Adds the Natural Gas Market Reform provision from the H.R. 6 conference report of the 108th Congress back into bill. Allows clean air coal projects of 600 MW or less. Makes employee benefits provision subject to appropriations. Clarifies references to firearm laws under nuclear security provision. Includes aircraft idling study as modified by the Transportation and Infrastructure Committee. Includes engine idling program as amended. Includes hydrogen fuel cell bus program. Reinserts Western MI Demonstration Project originally from the H.R. 6 conference report. Reinserts Western Hemisphere Energy Cooperation originally from the H.R. 6 conference report. Reinserts Arctic Engineering Research Center originally from the H.R. 6 conference report. Reinserts Barrow Geophysical Research Facility originally from the H.R. 6 conference report. Clarifies tax status of Ultra-deep consortium. Amends PUHCA language to allow savings clause and makes enforcement provisions effective on date of enactment. Requires regional boards with FERC participation to study security constrained economic dispatch. Changes Bump Up date. Modifies Soybean oil reference. Modifies NAS MTBE study date. Includes on-road and off-road diesel rules in fuel harmonization study. Clarifies LUST rulemakings and dates for appropriations. Boutique Fuels studies clarified and made subject to sound science. Modifications to Title headings. (Revised) (10 minutes)  

Dingell #59
Authorizes the Federal Energy Regulatory Commission (FERC) to deter and punish fraud and manipulation in electricity and gas markets, increases penalties for Federal Power Act violations, authorizes FERC to refund all electricity overcharges, does not repeal the Public Utility Holding Company Act of 1935 (PUHCA), and directs the Securities and Exchange Commission to review utility holding companies' status under PUHCA to prevent them from wrongly claiming exemptions. The amendment retains a number of valuable provisions from Title XII, such as "open access" for public power entities, and does not modify the "native load" provision adopted in the Energy and Commerce Committee. The amendment retains Title XII ' s electric transmission provision, including the spending caps. (20 minutes)

Markey #25
Strikes the provisions that will allow oil and gas exploration in the Arctic National Wildlife Refuge. (30 minutes)

Boehlert/Markey/Kirk/Gilchrest/Leach/Shays #44
Directs the Secretary of Transportation to increase fuel economy standards from today's average of 25 miles/gallon to 33 miles/gallon over 10 years (by 2015), consistent with the findings of the National Academy of Sciences, in order to save 10% of the gasoline the nation would otherwise consume by 2015. Amendment also directs the Secretary to maximize job retention in the American auto manufacturing sector and to prevent taking actions that would reduce safety. (20 minutes)

 Johnson (CT) #11
Requires that the EPA' s fuel economy test procedures reflect current driving patterns and conditions and provide consumers with more accurate information about fuel economy.(10 minutes)

Rogers (MI)/Kilpatrick #83
Amendment to the Johnson of Connecticut amendment that directs the Administrator of the EPA to revise certain Federal vehicle fuel economy adjustment factors to take into consideration higher speed limits, faster acceleration rates, variations in temperature, use of air conditioning, shorter city test cycle lengths, and the use of other fuel depleting features to provide consumers with accurate fuel economy information on new vehicle labels. (Revised). (10 minutes)

Bishop (NY)/Markey #62
This Democratic alternative energy policy will help lower gas prices, increase our energy efficiency standards, and eliminate special interest subsidies and instead invest those resources in new technology to create a better energy future for our children. (Revised) (30 minutes)

Slaughter #4
Requires any escalator being installed in federal buildings to be an Intermittent Escalator. In addition, federal agencies would also be encouraged to incorporate other escalator energy conservation measures. (10 minutes)

Waxman #56
Requires the Administration to take "voluntary, regulatory, and other actions" to reduce oil demand in the U.S. by 1 million barrels per day from projected levels by 2013. (10 minutes)

Oberstar #72
Authorizes $20 million for the Administrator of General Services Administration to proceed with the Sun Wall Design Project, the winning entry in a national design competition sponsored jointly by the Department of Energy and the National Renewable Energy Laboratory, to install a photovoltaic solar electric system on the headquarters building of the Department of Energy. (10 minutes)

Abercrombie #40
Authorizes a 3-year demonstration program for the production of ethanol in Hawaii to parallel the existing program for corn to show that the process can be applicable to cane sugar and can be replicated on larger scale once the sugar cane industry has site located and constructed ethanol production facilities. Specifically, $8.0 million would result in a $1.00 per gallon payment to refiners and 8.0 million gallons of ethanol fuel. (10 minutes)

Kaptur #19
Provides the Secretary of Energy the authority to include in the Strategic Petroleum Reserve alternative fuels, including ethanol and biodiesel and rename the reserve the " Strategic Fuels Reserve." (10 minutes)

Conaway # 82
Provides that the Department of Energy, in consultation with the Department of Labor and the Department of Interior, will evaluate and report on both the short term and longer term availability of skilled workers to meet the energy security of the United States, addressing the availability of skilled labor at both entry level and at more senior levels in the oil, gas, and mineral industries. (10 minutes)

Solis #3
Strikes all of Title III, Subtitle D, the Refinery Revitalization Act. Subtitle D preempts state regulations, relaxes public health and environmental laws for siting of refineries, and has adverse impacts on under-served communities.(10 minutes)

Udall #34
Strikes section 631, eliminating the proposed $10 million payment for three fiscal years to domestic uranium producers "to identify, test, and develop improved in situ leaching mining technologies, including low-cost environmental restoration technologies."(10 minutes)

Ford #32
Authorizes the Environmental Protection Agency to establish a program to encourage the domestic production of hybrid and advanced diesel vehicles. The program shall include grants (not to exceed $300 million each of the next ten years) to domestic automobile manufacturers to (a) encourage production of hybrid and advanced diesel vehicles and (b) provide consumer alternatives in the form of discounts, rebates, etc. to purchase hybrid and advanced diesel vehicles. (10 minutes)

 Kaptur/Kucinich #20
Amends section 722, the Pilot Program for the Department of Energy' s Clean Cities Program, to increase the number of project grants to State governments, local governments, and metropolitan transportation authorities from 15 to 30. Also reduces the amount of total Federal assistance under the pilot program to any one applicant from $20 million to $15 million. Does not increase the bill 's authorized spending level of $200 million for the pilot program.(10 minutes)

Millender-McDonald #9
Establishes a Diesel Truck Retrofit and Fleet Modernization Program to be administered in conjunction with the Secretary of Energy and the Administrator of the Environmental Protection Agency. Competitive grants are to be awarded to public agencies and/or state and local governments and entities to implement fleet modernization programs including installation of retrofit technologies for diesel trucks. (10 minutes)

Blumenauer #2
Establishes within the Department of Transportation a Conserve by Bicycling pilot program, which would oversee up to 10 pilot projects geographically dispersed across the country designed to conserve energy resources by providing education and marketing tools to convert car trips to bike trips. In addition, the projects would encourage partnerships between stakeholders from transportation, law enforcement, education, public health, environment, and energy fields. Requires a report to Congress within two years of implementation. (10 minutes)

Jackson-Lee #66
Earmarks $5 million annually for bioenergy training and education targeted to minority and socially disadvantaged farmers and ranchers. (10 minutes)

T. Davis (VA)/Waxman #47
Strikes section 978, "Improved Coordination and Management of Civilian Science and Technology Programs, " which would create 2 new, Senate-confirmed assistant secretary positions within the Department of Energy, increasing the total number of Senate-confirmed assistant secretaries in the Department to 8. (10 minutes)

Walsh #84
Establishes a National Priority Project designation to be awarded annually to organizations that have advanced the field of renewable energy technology and contributed to North American energy independence. The designation shall be awarded in two categories: renewable energy generation projects; and, energy efficient and renewable energy building projects. (10 minutes)

Engel #46
Makes producers of "approved renewable fuels" eligible for grants to build production facilities for renewable fuels. In the current bill, only merchant producers of cellulosic biomass and waste derived from ethanol are eligible for grants. (10 minutes)

Israel #60
Requires the Comptroller General of the United States to conduct a study on the impact of the consolidation of gasoline wholesales (and above) on the gasoline retail market (pricing of retail gasoline, local small business ownership and other market impacts). The study shall be delivered back to Congress 12 months from enactment of the legislation. (10 minutes)

Kucinich #55
Authorizes a National Academy of Sciences study on the feasibility of mustard seed as a feedstock for biodiesel. (10 minutes)

Holt #67
Requires the Secretary of Energy, within 2 years of enactment, to report to Congress on the potential fuel savings from information technology systems that help businesses and consumers to plan their travel and avoid delays. These systems may include, for example, web-based real time transit information systems, congestion information systems, car-pool information systems, parking information systems, freight route management, and traffic management systems. (10 minutes)

Grijalva #52
Strikes section 2005 which requires the Secretary of the Interior to suspend the collection of royalty payments to the Treasury for offshore oil and gas production on the Outer Continental Shelf (OCS) in the Gulf of Mexico. (10 minutes)

Inslee #63
Reduces by 50% any royalty payments, excluding the costs of processing the rights-of-way, for wind energy generation that otherwise would be paid to the Treasury on BLM lands. This royalty relief provision terminates after 10 years of enactment or after the Secretary declares there exists a generation capacity of at least 10,000 megawatts of electricity from renewable sources on public lands, whichever is sooner. (10 minutes)

Hastings (FL) #69
Expands the definition of environmental justice, directs each Federal Agency to establish an office of environmental justice, reestablishes the interagency Federal Working Group on Environmental Justice, and requires that Executive Order (EO) 12898 (relating to Federal actions to address environmental justice in minority populations and low-income populations) remain in force until changed by law.(10 minutes)

Castle #16
Strikes language in the bill (section 320 of title III), which would preempt the authority of state and local governments to ensure that liquefied natural gas (LNG) facilities are sited in areas where they do not pose a threat to public safety, and the states = authority to ensure that such facilities are not sited in places where they pose a threat to sensitive coastal and ocean areas. Under section 320, the Federal Energy Regulatory Commission (FERC), would be made the lead federal agency for LNG siting decisions, and states would be granted only a consultative role. (10 minutes)

TEXT OF THE AMENDMENT(.pdf)