US Congress House Bill 3826 (Prior Session Legislation)

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Spectrum: Strong Partisan Bill (Republican 88-7)
Status: Engrossed on March 10 2014 - 50% progression, died in chamber
Action: 2014-05-08 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 374.
Text: Latest bill text (Introduced) [PDF]

Electricity Security and Affordability Act - (Sec. 2) Prohibits the Administrator of the Environmental Protection Agency (EPA) from issuing, implementing, or enforcing any proposed or final rule under the Clean Air Act that establishes a performance standard for greenhouse gas emissions from any new source that is a fossil fuel-fired electric utility generating unit unless the rule meets specified requirements of this Act. Requires the Administrator to separate sources fueled with coal and natural gas into separate categories. Prohibits the Administrator, however, from setting a standard based on the best system of emission reduction for new sources within a fossil-fuel category unless it has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 6 units within the category. Requires each such unit to: (1) be located at a different electric generating station in the United States, (2) be representative of the operating characteristics of electric generation at its location, and (3) be operated for the entire 12-month period on a full commercial basis. Prohibits the use of any results obtained from a demonstration project in setting the standard. Requires the Administrator, in separating sources fueled with coal into a separate category, to establish a separate subcategory for new sources that are fossil fuel-fired electric utility generating units using coal with an average heat content of 8300 or less British Thermal Units (BTUs) per pound. Prohibits the Administrator, in issuing any rule establishing performance standards for greenhouse gas emissions from new sources in such subcategory, from setting a standard based on the best system of emission reduction unless the standard has been achieved on average for at least one continuous 12-month period (excluding planned outages) by each of at least 3 units within such subcategory that meets the unit requirements specified by this Act for the coal category. Prohibits this Act from being construed to preclude the issuance, implementation, or enforcement of a standard of performance that: (1) is based on the use of technologies that are developed in a foreign country, but has been demonstrated to be achievable at fossil fuel-fired electric utility generating units in the United States; and (2) meets the requirements of this Act. (Sec. 3) Precludes from taking effect, unless a federal law is enacted specifying an effective date, any EPA rule or guideline that: (1) establishes any performance standard for greenhouse gas emissions from a modified or reconstructed source that is a fossil fuel-fired electric utility generating unit, or (2) applies to greenhouse gas emissions from such an existing source. Requires, in order for the rule or guidelines to take effect, that the Administrator submit a report that contains: (1) the text of the rule or guidelines; (2) the economic impacts of such rule or guidelines, including potential effects on electricity ratepayers, on economic growth, competitiveness, and jobs in the United States and on required capital investments and projected costs for operation and maintenance of new equipment required to be installed; and (3) the amount of greenhouse gas emissions projected to be reduced as compared to overall global greenhouse gas emissions. Requires the Administrator, in carrying out such reporting requirements, to consult with the Administrator of the Energy Information Administration, the Comptroller General (GAO), the Director of the National Energy Technology Laboratory, and the Under Secretary of Commerce for Standards and Technology. (Sec. 4) Nullifies the force and effect of specified proposed rules (or similar successor proposed or final rules) for Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units that are issued before enactment of this Act.

Electricity Security and Affordability Act

Rep. Ed Whitfield [R-KY]	Rep. Robert Aderholt [R-AL]	Rep. Spencer Bachus [R-AL]	Rep. Lou Barletta [R-PA]
Rep. Garland Barr [R-KY]	Rep. John Barrow [D-GA]	Rep. Joe Barton [R-TX]	Rep. Gus Bilirakis [R-FL]
Rep. Rob Bishop [R-UT]	Rep. Kevin Brady [R-TX]	Rep. Mo Brooks [R-AL]	Rep. Susan Brooks [R-IN]
Rep. Larry Bucshon [R-IN]	Rep. Bradley Byrne [R-AL]	Sen. Shelley Capito [R-WV]	Sen. Bill Cassidy [R-LA]
Rep. Michael Conaway [R-TX]	Sen. Tom Cotton [R-AR]	Sen. Kevin Cramer [R-ND]	Rep. Eric Crawford [R-AR]
Sen. Steve Daines [R-MT]	Rep. Rodney Davis [R-IL]	Rep. Renee Ellmers [R-NC]	Rep. William Enyart [D-IL]
Rep. Bill Flores [R-TX]	Rep. Virginia Foxx [R-NC]	Sen. Cory Gardner [R-CO]	Rep. Bob Gibbs [R-OH]
Rep. Bob Goodlatte [R-VA]	Rep. Paul Gosar [R-AZ]	Rep. Sam Graves [R-MO]	Rep. Tim Griffin [R-AR]
Rep. Morgan Griffith [R-VA]	Rep. Brett Guthrie [R-KY]	Rep. Ralph Hall [R-TX]	Rep. Gregg Harper [R-MS]
Rep. Andy Harris [R-MD]	Rep. Vicky Hartzler [R-MO]	Rep. Lynn Jenkins [R-KS]	Rep. Bill Johnson [R-OH]
Rep. Sam Johnson [R-TX]	Rep. Mike Kelly [R-PA]	Rep. Steve King [R-IA]	Rep. Jack Kingston [R-GA]
Rep. Adam Kinzinger [R-IL]	Rep. John Kline [R-MN]	Rep. Doug Lamborn [R-CO]	Rep. Robert Latta [R-OH]
Rep. Billy Long [R-MO]	Rep. Blaine Luetkemeyer [R-MO]	Sen. Cynthia Lummis [R-WY]	Rep. Thomas Massie [R-KY]
Rep. Jim Matheson [D-UT]	Rep. Mike McIntyre [D-NC]	Rep. David McKinley [R-WV]	Rep. Luke Messer [R-IN]
Sen. Markwayne Mullin [R-OK]	Rep. Tim Murphy [R-PA]	Rep. Kristi Noem [R-SD]	Rep. Pete Olson [R-TX]
Rep. Stevan Pearce [R-NM]	Rep. Collin Peterson [D-MN]	Rep. Joseph Pitts [R-PA]	Rep. Mike Pompeo [R-KS]
Rep. Nick Rahall [D-WV]	Rep. James Renacci [R-OH]	Rep. Martha Roby [R-AL]	Rep. David Roe [R-TN]
Rep. Harold Rogers [R-KY]	Rep. Mike D. Rogers [R-AL]	Rep. Todd Rokita [R-IN]	Rep. Dennis Ross [R-FL]
Rep. Keith Rothfus [R-PA]	Rep. Steve Scalise [R-LA]	Rep. Aaron Schock [R-IL]	Rep. James Sensenbrenner [R-WI]
Rep. Pete Sessions [R-TX]	Rep. Terri Sewell [D-AL]	Rep. John Shimkus [R-IL]	Rep. Bill Shuster [R-PA]
Rep. Adrian Smith [R-NE]	Rep. Jason Smith [R-MO]	Rep. Lamar Smith [R-TX]	Rep. Steve Southerland [R-FL]
Rep. Steve Stivers [R-OH]	Rep. Marlin Stutzman [R-IN]	Rep. Lee Terry [R-NE]	Rep. Glenn Thompson [R-PA]
Rep. Patrick Tiberi [R-OH]	Rep. Ann Wagner [R-MO]	Rep. Jackie Walorski [R-IN]	Rep. Lynn Westmoreland [R-GA]
Rep. Steve Womack [R-AR]	Rep. Don Young [R-AK]	Sen. Todd Young [R-IN]

2014-03-06 - House - On Passage (Y: 229 N: 183 NV: 18 Abs: 0) [PASS]
2014-03-06 - House - On Motion to Recommit with Instructions (Y: 184 N: 223 NV: 23 Abs: 0) [FAIL]
2014-03-06 - House - On Agreeing to the Amendment (Y: 178 N: 231 NV: 21 Abs: 0) [FAIL]
2014-03-06 - House - On Agreeing to the Amendment (Y: 190 N: 221 NV: 19 Abs: 0) [FAIL]
2014-03-06 - House - On Agreeing to the Amendment (Y: 184 N: 228 NV: 18 Abs: 0) [FAIL]
2014-03-06 - House - On Agreeing to the Amendment (Y: 230 N: 184 NV: 16 Abs: 0) [PASS]

Date	Chamber	Action
2014-05-08	Senate	Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 374.
2014-05-07	Senate	Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
2014-03-10	Senate	Received in the Senate.
2014-03-06	House	Motion to reconsider laid on the table Agreed to without objection.
2014-03-06	House	On passage Passed by recorded vote: 229 - 183 (Roll no. 106).
2014-03-06	House	On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 223 (Roll no. 105).
2014-03-06	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2213)
2014-03-06	House	DEBATE - The House proceeded with 10 minutes of debate on the Brownley (CA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit the application of the bill with respect to rules that save consumers money on electricity bills, including rules that allow for or, encourage energy efficiency, demand response, and other approaches to lower the cost of electricity for consumers.
2014-03-06	House	Ms. Brownley (CA) moved to recommit with instructions to Energy and Commerce. (consideration: CR H2211-2214; text: CR H2211)
2014-03-06	House	The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2185-2186)
2014-03-06	House	The previous question was ordered pursuant to the rule. (consideration: CR H2211)
2014-03-06	House	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3826.
2014-03-06	House	H.AMDT.583 On agreeing to the Waxman amendment (A008) Failed by recorded vote: 178 - 231 (Roll no. 104). (consideration: CR H2210-2211)
2014-03-06	House	H.AMDT.581 On agreeing to the Schakowsky amendment (A006) Failed by recorded vote: 190 - 221 (Roll no. 103). (consideration: CR H2210)
2014-03-06	House	H.AMDT.577 On agreeing to the Capps amendment (A002) Failed by recorded vote: 184 - 228 (Roll no. 102). (consideration: CR H2209-2210)
2014-03-06	House	H.AMDT.576 On agreeing to the Smith (TX) amendment (A001) Agreed to by recorded vote: 230 - 184 (Roll no. 101). (consideration: CR H2209)
2014-03-06	House	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2014-03-06	House	Considered as unfinished business. (consideration: CR H2208-2215)
2014-03-05	House	Committee of the Whole House on the state of the Union rises leaving H.R. 3826 as unfinished business.
2014-03-05	House	On motion to rise Agreed to by voice vote.
2014-03-05	House	Mr. Whitfield moved to rise.
2014-03-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Waxman demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
2014-03-05	House	DEBATE - Pursuant to the provisions of H. Res. 497, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment No. 8.
2014-03-05	House	H.AMDT.583 Amendment (A008) offered by Mr. Waxman. (consideration: CR H2194-2195; text: CR H2194)Amendment sought to add a section setting effective date guidelines which take effect when the Administrator of the EIA certifies that another Federal program, other than one under section 111 of the Clean Air Act, will reduce carbon pollution in at least equivalent quantities, with similar timing and from the same sources as the reductions required under the rules and guidelines nullified by section 4.
2014-03-05	House	H.AMDT.582 On agreeing to the Latta amendment (A007) Agreed to by voice vote.
2014-03-05	House	DEBATE - Pursuant to the provisions of H. Res. 497, the Committee of the Whole proceeded with 10 minutes of debate on the Latta amendment No. 7.
2014-03-05	House	H.AMDT.582 Amendment (A007) offered by Mr. Latta. (consideration: CR H2193-2194; text: CR H2193)Amendment clarifies that the definition of "demonstration project" refers to projects that are receiving Federal Government funding or financial assistance.
2014-03-05	House	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2014-03-05	House	Considered as unfinished business. (consideration: CR H2192-2195)
2014-03-05	House	Committee of the Whole House on the state of the Union rises leaving H.R. 3826 as unfinished business.
2014-03-05	House	On motion to rise Agreed to by voice vote.
2014-03-05	House	Mr. Whitfield moved to rise.
2014-03-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Schakowsky amendment No. 6, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Schakowsky demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
2014-03-05	House	DEBATE - Pursuant to the provisions of H. Res. 497, the Committee of the Whole proceeded with 10 minutes of debate on the Schakowsky amendment No. 6.
2014-03-05	House	H.AMDT.581 Amendment (A006) offered by Ms. Schakowsky. (consideration: CR H2191-2192; text: CR H2191)An amendment numbered 6 printed in House Report 113-373 to accept the scientific finding of the EPA that greenhouse gas pollution is "contributing to long-lasting changes in our climate that can have a range of negative effects".
2014-03-05	House	H.AMDT.580 On agreeing to the McKinley amendment (A005) Agreed to by voice vote.
2014-03-05	House	DEBATE - Pursuant to the provisions of H. Res. 497, the Committee of the Whole proceeded with 10 minutes of debate on the McKinley amendment No. 5.
2014-03-05	House	H.AMDT.580 Amendment (A005) offered by Mr. McKinley. (consideration: CR H2190-2191; text: CR H2190)Amendment requires the EPA, when reporting to Congress pursuant to section 3 of the bill, to look at the economic impact of such rule or guidelines, including the potential effects on capital investments and projected costs for operation and maintenance of new equipment required to be installed and the global competitiveness of the United States.
2014-03-05	House	H.AMDT.579 On agreeing to the McKinley amendment (A004) Agreed to by voice vote.
2014-03-05	House	DEBATE - Pursuant to the provisions of H. Res. 497, the Committee of the Whole proceeded with 10 minutes of debate on the McKinley amendment No. 4.
2014-03-05	House	H.AMDT.579 Amendment (A004) offered by Mr. McKinley. (consideration: CR H2190; text: CR H2190)Amendment sought to require the EPA, when submitting its report to Congress, to consult with the Energy Information Administration, Comptroller General, National Energy Technology Laboratory, and the National Institute for Standards and Technology.
2014-03-05	House	H.AMDT.578 On agreeing to the Capito amendment (A003) Agreed to by voice vote.
2014-03-05	House	DEBATE - Pursuant to the provisions of H. Res. 497, the Committee of the Whole proceeded with 10 minutes of debate on the Capito amendment No. 3.
2014-03-05	House	H.AMDT.578 Amendment (A003) offered by Mrs. Capito. (consideration: CR H2189-2190; text: CR H2189)Amendment clarifies that the bill does not preclude a performance standard that is based on a technology developed in a foreign country, as long as that technology has been demonstrated to be achievable at a power plant in the United States.
2014-03-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Capps amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mrs. Capps demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
2014-03-05	House	DEBATE - Pursuant to the provisions of H. Res. 497, the Committee of the Whole proceeded with 10 minutes of debate on the Capps amendment No. 2.
2014-03-05	House	H.AMDT.577 Amendment (A002) offered by Mrs. Capps. (consideration: CR H2188-2189; text: CR H2188)Amendment sought to allow the EPA to consider all pollution control technologies being used in the United States or elsewhere when setting new power plant emission standards.
2014-03-05	House	POSTPONED PROCEEDINGS - At the conclusion of debate on the Smith (TX) amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Smith (TX) demanded a recorded vote, and the Chair postponed further proceedings on adoption of the amendment until a time to be announced.
2014-03-05	House	DEBATE - Pursuant to the provisions of H. Res. 497, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (TX) amendment No. 1.
2014-03-05	House	H.AMDT.576 Amendment (A001) offered by Mr. Smith (TX). (consideration: CR H2186-2188; text: CR H2186)Amendment sought to require EPA to rely on proven technologies when it sets rules for any power plant.
2014-03-05	House	GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3826.
2014-03-05	House	The Speaker designated the Honorable Jeff Fortenberry to act as Chairman of the Committee.
2014-03-05	House	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 497 and Rule XVIII.
2014-03-05	House	The rule waives all points of order against consideration of the bill. The rule makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-40 for H.R. 3826 and provides that it shall be considered as read. The rule waives all points of order against that amendment in the nature of a substitute.
2014-03-05	House	Considered under the provisions of rule H. Res. 497. (consideration: CR 3/5/2014 H2178-2192)
2014-03-04	House	Rules Committee Resolution H. Res. 497 Reported to House. The rule waives all points of order against consideration of the bill. The rule makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-40 for H.R. 3826 and provides that it shall be considered as read. The rule waives all points of order against that amendment in the nature of a substitute.
2014-02-28	House	Placed on the Union Calendar, Calendar No. 271.
2014-02-28	House	Reported by the Committee on Energy and Commerce. H. Rept. 113-365.
2014-01-28	House	Ordered to be Reported by the Yeas and Nays: 29 - 19.
2014-01-28	House	Committee Consideration and Mark-up Session Held.
2014-01-27	House	Committee Consideration and Mark-up Session Held.
2014-01-10	House	Referred to the Subcommittee on Energy and Power.
2014-01-09	House	Referred to the House Committee on Energy and Commerce.

SB1905 (Related) 2014-01-09 - Read twice and referred to the Committee on Environment and Public Works.
HR497 (Related) 2014-03-05 - On agreeing to the resolution Agreed to by recorded vote: 228 - 182 (Roll no. 94). (text: CR H2160)
HJR64 (Related) 2013-09-27 - Referred to the Subcommittee on Energy and Power.
HB2 (Related) 2014-11-17 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 601.
HB5360 (Related) 2014-09-15 - Referred to the Subcommittee on Public Lands and Environmental Regulation.

Type	Source
Summary	https://www.congress.gov/bill/113th-congress/house-bill/3826/all-info
Text	https://www.congress.gov/113/bills/hr3826/BILLS-113hr3826ih.pdf
Text	https://www.congress.gov/113/bills/hr3826/BILLS-113hr3826rh.pdf
Text	https://www.congress.gov/113/bills/hr3826/BILLS-113hr3826eh.pdf
Text	https://www.congress.gov/113/bills/hr3826/BILLS-113hr3826pcs.pdf
Roll Call	https://clerk.house.gov/Votes/2014101
Roll Call	https://clerk.house.gov/Votes/2014102
Roll Call	https://clerk.house.gov/Votes/2014103
Roll Call	https://clerk.house.gov/Votes/2014104
Roll Call	https://clerk.house.gov/Votes/2014105
Roll Call	https://clerk.house.gov/Votes/2014106