THE DAILY WHIP: WEDNESDAY, JUNE 24, 2015

H.Res. 333 – Rule providing for Consideration of both H.R. 2042 – Ratepayer Protection Act of 2015 (Rep. Whitfield – Energy and Commerce) and H.R. 2822 – Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 (Rep. Calvert – Appropriations) (One Hour of Debate). The Rules Committee has recommended one Rule which would provide for consideration of two bills.

For H.R. 2042, 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 5 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. 2822, the Rules Committee has recommended a modified open Rule that allows any amendments that comply with House Rules to be considered. The Rule provides for one hour of general debate, equally divided between the Chair and Ranking Member of the Committee on Appropriations. The Rule allows any Member to submit an amendment that complies with the House Rules, but only provides for 10 minutes of debate per amendment equally divided and controlled between the proponent and an opponent, and does not permit unlimited pro forma amendments. Lastly, the Rule provides up to 10 pro forma amendments for the purpose of debate offered by the Chair and Ranking Member or their designee and one motion to recommit with or without instructions.

The Rules Committee rejected a motion by Ms. Slaughter of New York to consider both bills under an open Rule. Members are urged to VOTE NO.

H.R. 2042 – Ratepayer Protection Act of 2015 (Rep. Whitfield – Energy and Commerce) (One Hour of Debate). This bill would delay the Environmental Protection Agency’s (EPA) implementation of the Clean Power Plan, rules proposed in 2014 to reduce emissions at existing electric power plants that are expected to be finalized later this summer.  The Clean Power Plan would require states, territories and Indian tribes to develop and meet individual goals for reducing carbon dioxide emissions from the electricity sector. H.R. 2042 would delay implementation of the forthcoming EPA carbon emissions reduction rules until any legal challenges are complete and no longer subject to further appeal or judicial review. Additionally, the bill would allow states to opt out of developing an emissions reduction plan if their governor certifies that creating one would cause a "significant adverse effect" on electricity ratepayers in their state or on the reliability of the state's electricity system.

This delay, which could last years and burden the agency with exorbitant legal costs on its already limited budget, is effectively a repeal of the EPA’s rules.  It effectively denies climate change and reverses decades of Clean Air Act precedent and practice, while allowing unchecked carbon pollution by existing power plants – the largest source of uncontrolled carbon pollution in the United States.  By preventing the Clean Power Plan from even starting, thus preventing its efforts to cut carbon pollution by 30% in 2030, this bill puts both the environmental and public health of our nation at risk. The White House agrees and has issued a SAP stating that if H.R. 2042 were to reach the President’s desk, he would veto the bill.

The Rule makes in order 5 amendments, each debatable for 10 minutes, equally divided between the offeror and an opponent. The amendments are:

Pallone Amendment. Requires a governor wishing to opt out of the Clean Power Plan to certify that electric power plants are sources of carbon pollution that contribute to human-induced climate change; and the state or federal plan to reduce carbon emissions from such plants 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.
Rush Amendment. Requires a governor wishing to opt out of the Clean Power Plan to certify that doing so will not have increased costs to respond to extreme weather events associated with human-caused climate change, including flooding, intense storms, frequent wildfires, and increased drought.
Huizenga/Kildee/Collins (GA) Amendment. 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 to reduce carbon emissions.
McNerney Amendment. Strikes Section 2 of the bill which delays implementation of the Clean Power Plan until all litigation has concluded and requires a state or EPA to consult with and consider reports produced by state public utility commission/public service commission and Electric Reliability Organizations regarding the electricity reliability implications of any state or federal plan.
Newhouse Amendment. 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.

Bill Text for H.R. 2042:
PDF Version

Background for H.R. 2042:
House Report (HTML Version)
House Report (PDF Version)

Motion to go to Conference on H.R. 1735– National Defense Authorization Act for Fiscal Year 2016

Postponed Suspensions (2 bills)

1. H.R. 1615 – DHS FOIA Efficiency Act, as amended (Rep. Carter (GA) – Homeland Security)
2. H.R. 2200 – CBRN Intelligence and Information Sharing Act, as amended (Rep. McSally – Homeland Security)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Thursday, June 25: The House will meet at 9:00 a.m. for legislative business. The House is expected to begin consideration of H.R. 2822 –Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 (Rep. Calvert – Appropriations). The House may consider legislation related to trade.