THE DAILY WHIP: WEDNESDAY, JULY 22, 2015

H.Res. 369 – Rule providing for consideration of both H.R. 1599 – Safe and Accurate Food Labeling Act of 2015 (Rep. Pompeo – Energy and Commerce/Agriculture) and H.R. 1734 – Improving Coal Combustion Residuals Regulation Act of 2015 (Rep. McKinley – Energy and Commerce) (One hour of debate).  The Rules Committee has recommended one Rule which would provide for consideration of two bills.

For H.R. 1599, the Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Energy and Commerce.  The Rule allows for 4 amendments, debatable for 10 minutes equally divided between the offeror and an opponent.  The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation.

For H.R. 1734, the Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Energy and Commerce.  The Rule allows for 6 amendments, debatable for 10 minutes equally divided between the offeror and an opponent.  The Rule allows one motion to recommit, with or without instructions, and waives all points of order against the legislation.

The Rules Committee rejected a motion by Ms. Slaughter of New York to consider both H.R. 1599 and H.R. 1734 under open Rules. Members are urged to VOTE NO.

H.R. 1734 – Improving Coal Combustion Residuals Regulation Act of 2015 (Rep. McKinley – Energy and Commerce) (One hour of debate).  H.R. 1734 would replace the Environmental Protection Agency’s (EPA) December 2014 rule on coal combustion waste (coal ash) and would legislate an option for its disposal that was not proposed by EPA.

The bill replaces the requirements of the rule by creating a state-based permit program for the disposal of waste generated from coal combustion.

H.R. 1734 also limits the authority of the EPA to issue regulations or enforce standards regarding coal combustion waste to ensure that local communities and waterways are protected from coal ash spills, unless states fail to implement their own permit program. There are also several requirements for the disposal of coal ash contained in the EPA’s final rule that would be eliminated by this measure including: restriction on the location of coal ash disposal sites, requirements that coal ash disposal sites be lined to prevent leaks of the material, and closure requirements for deficient disposal sites. Lastly, the White House has issued a SAP stating that the President’s senior advisors would recommend that he veto this bill.

The Rule makes in order 6 amendments debatable for 10 minutes, equally divided between the offeror and an opponent.  The amendments are:

Rep. Shimkus Manager’s Amendment. Updates the reference to the final rule, instead of referencing the date it was signed by the Administrator, it inserts the date the final rule was published in the Federal Register.
Rep. Pallone Amendment. Preserves transparency requirements in EPA's final coal ash rule to ensure public access to information and accountability.
Rep. Castor Amendment. Preserves cleanup requirements in EPA's final coal ash rule to protect public health and ensure that air pollution is addressed quickly and effectively.
Rep. Connolly Amendment. Requires all inactive coal ash disposal sites to follow post-closure groundwater monitoring standards found in EPA’s final coal ash rule.
Rep. Adams Amendment. Requires the owner or operator of a coal ash disposal site to survey all drinking water supply wells that are within a half mile and down gradient of the site. Also requires the owner or operator of a coal ash disposal site to supply an alternative source of safe drinking water within 24 hours if well water sampling exceeds groundwater standards.
Reps. Butterfield/Rush/Clarke/Price (NC)/Adams Amendment.  Allows the Administrator of the EPA to prevent the underlying legislation from going into effect if it is determined to have a negative impact on vulnerable populations. Vulnerable populations include: infants, children, adolescents, pregnant women, the elderly, individuals with preexisting medical conditions, individuals who work at coal ash treatment or disposal facilities, or members of any other appropriate population identified by the Administrator based on consideration of socioeconomic status, racial or ethnic background, or other similar factors identified by the Administrator.

Bill Text for H.R. 1734:
PDF Version

Background for H.R. 1734:
House Report (HTML Version)
House Report (PDF Version)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, July 23: The House will meet at 10:00 a.m. for legislative business. The House is expected to consider H.R. 1599 – Safe and Accurate Food Labeling Act of 2015 (Rep. Pompeo – Energy and Commerce/Agriculture). The House is also expected to consider H.R. 3009 – Enforce the Law for Sanctuary Cities Act (Rep. Hunter – Judiciary) (Subject to a Rule).