HR 910 · 112th Congress 2011–2013, ended

Energy Tax Prevention Act of 2011

Introduced Mar 3, 2011 Originated House Sponsor Fred Upton R-MI

Fact sheet Spreadsheet

Latest action · Apr 8, 2011 Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 3, 2011
  2. Passed HouseApr 7, 2011
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of "air pollutant" for purposes of addressing climate change.

Exempts from such prohibition: (1) implementation and enforcement of the rule, "Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards" and finalization, implementation, enforcement, and revision of the proposed rule, "Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles"; (2) implementation of the renewable fuel program; (3) statutorily authorized federal research, development, and demonstration programs and voluntary programs addressing climate change; (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances; and (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits.

Repeals and makes ineffective the following rules and actions:

  • "Mandatory Reporting of Greenhouse Gases"
  • "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act"
  • "Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs" and the memorandum, "EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program"
  • "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule"
  • "Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call"
  • "Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases"
  • "Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan"
  • "Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule"
  • "Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program"
  • "Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans"
  • "Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule"
  • Any other federal action under such Act occurring before this Act's enactment that applies a stationary source permitting requirement or an emissions standard for a GHG to address climate change

Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year.

Expresses the sense of Congress that: (1) there is established scientific concern over warming of the climate system; (2) addressing climate change is an international issue, involving complex scientific and economic considerations; and (3) the United States has a role to play in resolving global climate change matters on an international basis. Urges Congress to fulfill such role by developing policies that do not adversely affect the American economy, energy supplies, and employment.

Recorded votes 11

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 249Passed255–172Apr 7, 2011
House 248Failed175–251Apr 7, 2011
House 241Failed160–264Apr 6, 2011
House 240Failed173–250Apr 6, 2011
House 239Failed165–260Apr 6, 2011
Show all 11 votes

Cosponsors 95

Members who signed on, in the order they did. Signatures ran from Mar 3, 2011 to Apr 1, 2011; 9 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-WACathy McMorris RodgersOriginalMar 3, 2011
D-MNCollin C. PetersonOriginalMar 3, 2011
D-OKDan BorenOriginalMar 3, 2011
R-WVDavid B. McKinleyOriginalMar 3, 2011
R-KYEd WhitfieldOriginalMar 3, 2011
R-ORGreg WaldenOriginalMar 3, 2011
R-TXJoe BartonOriginalMar 3, 2011
R-OKJohn SullivanOriginalMar 3, 2011
D-WVNick J. Rahall IIOriginalMar 3, 2011
R-ILAdam KinzingerMar 8, 2011
R-LABill CassidyMar 8, 2011
R-OHBill JohnsonMar 8, 2011
R-KYBrett GuthrieMar 8, 2011
R-MIDan BenishekMar 8, 2011
R-OKFrank D. LucasMar 8, 2011
Show all 95 cosponsors

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEnergy and Commerce Committee
Hearings Feb 9, 2011Referred Mar 3, 2011Markup Mar 15, 2011Reported Apr 1, 2011
Energy Subcommittee
Referred Mar 8, 2011Markup Mar 10, 2011Reported Mar 10, 2011
SenateEnvironment and Public Works Committee
Referred Apr 8, 2011

Actions 51

Everything that happened, newest first.

  1. Apr 8, 2011Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  2. Apr 7, 2011Considered as unfinished business. (consideration: CR H2505-2507)
  3. Apr 7, 2011Mr. McNerney moved to recommit with instructions to Energy and Commerce. (consideration: CR H2505-2507; text: CR H2505)
  4. Apr 7, 2011DEBATE - The House proceeded with 10 minutes of debate on the McNerney 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 underlying bill from limiting EPA's Clean Air Act authority to protect the health of children, seniors, and those with asthma and lung diseases from the effects of air pollution emitted by large sources (those that emit 75,000 tons or more of carbon pollution annually).
  5. Apr 7, 2011The previous question was ordered without objection. (consideration: CR H2506)
  6. Apr 7, 2011On motion to recommit with instructions Failed by recorded vote: 175 - 251 (Roll No. 248).
  7. Apr 7, 2011Passed/agreed to in House: On passage Passed by the Yeas and Nays: 255 - 172 (Roll No. 249).
  8. Apr 7, 2011Motion to reconsider laid on the table Agreed to without objection.
  9. Apr 6, 2011Rule H. Res. 203 passed House.
  10. Apr 6, 2011Considered under the provisions of rule H. Res. 203. (consideration: CR H2350-2391)
  11. Apr 6, 2011Rule provides for consideration of H.R. 910 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived. 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 the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce. All points of order againist the committee amendment in the nature of a substitute are waived.
  12. Apr 6, 2011House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 203 and Rule XVIII.
  13. Apr 6, 2011The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.
  14. Apr 6, 2011GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 910.
  15. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment number 1.
  16. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment number 2.
  17. Apr 6, 2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson Lee (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  18. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the McNerney amendment number 3.
  19. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment number 4.
  20. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Murphy (CT) amendment number 5.
  21. Apr 6, 2011ORDER OF PROCEDURE - Mr. Upton asked unanimous consent to extend debate time by 1 minute on each side on the amendment. Agreed to without objection.
  22. Apr 6, 2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Murphy (CT) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Murphy (CT) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  23. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment number 6.
  24. Apr 6, 2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, 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 the question of adoption of the amendment until a time to be announced.
  25. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Quigley amendment number 7.
  26. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Polis (CO) amendment number 8.
  27. Apr 6, 2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Polis (CO) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Polis (CO) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  28. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Markey amendment number 9.
  29. Apr 6, 2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Markey amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Markey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  30. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Rush amendment number 10.
  31. Apr 6, 2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Rush amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Rush demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  32. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Doyle amendment number 11.
  33. Apr 6, 2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Doyle amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Doyle demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  34. Apr 6, 2011DEBATE - Pursuant to the provisions of H.Res. 203, the Committee of the Whole proceeded with 10 minutes of debate on the Kind amendment in the nature of a substitute number 12.
  35. Apr 6, 2011POSTPONED PROCEEDINGS - At the conclusion of debate on the Kind amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Kind demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
  36. Apr 6, 2011UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
  37. Apr 6, 2011The House rose from the Committee of the Whole House on the state of the Union to report H.R. 910.
  38. Apr 6, 2011The previous question was ordered pursuant to the rule. (consideration: CR H2391)
  39. Apr 6, 2011The 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: CR H2361-2362)
  40. Apr 5, 2011Rules Committee Resolution H. Res. 203 Reported to House. Rule provides for consideration of H.R. 910 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived. 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 the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce. All points of order againist the committee amendment in the nature of a substitute are waived.
  41. Apr 1, 2011Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-50.
  42. Apr 1, 2011Placed on the Union Calendar, Calendar No. 24.
  43. Mar 15, 2011Committee Consideration and Mark-up Session Held.
  44. Mar 15, 2011Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 19.
  45. Mar 14, 2011Committee Consideration and Mark-up Session Held.
  46. Mar 10, 2011Subcommittee Consideration and Mark-up Session Held.
  47. Mar 10, 2011Forwarded by Subcommittee to Full Committee by Voice Vote .
  48. Mar 8, 2011Referred to the Subcommittee on Energy and Power.
  49. Mar 3, 2011Introduced in House
  50. Mar 3, 2011Referred to the House Committee on Energy and Commerce.
  51. Feb 9, 2011Hearings Held Prior to Referral.

In the Congressional Record 13

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H7422E. Scott Rigell R-VANov 14, 2011
SenateDebate and remarks S7014Mitch McConnell R-KYNov 2, 2011
HouseDebate and remarks H7191Tim Griffin R-ARNov 1, 2011
HouseDebate and remarks H6632, H6633Bobby L. Rush D-IL, Henry A. Waxman D-CAOct 6, 2011
HouseDebate and remarks H6539Tim Griffin R-AROct 4, 2011
Show all 13 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Mar 30, 2011H.R. 910, Energy Tax Prevention Act of 2011Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on March 15, 2011

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Commerce Clause: Article I, Section 8, Clause 3.

The sponsor’s statement, as printed in the page H1576.

Printed hearings 8

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 112-179THE AMERICAN ENERGY INITIATIVE, PART 29: A FOCUS ON H.R. 6172205 pagesEnergy and Commerce CommitteeSep 20, 2012
Serial No. 112-151THE AMERICAN ENERGY INITIATIVE, PART 20: A FOCUS ON EPA'S GREENHOUSE GAS REGULATIONS209 pagesEnergy and Commerce CommitteeJun 19, 2012
Serial No. 112-49EXPANDING OPPORTUNITIES FOR JOB CREATION94 pagesEducation and Workforce CommitteeFeb 1, 2012
Serial No. 112-74REGULATORY CHAOS: FINDING LEGISLATIVE SOLUTIONS TO BENEFIT JOBS AND THE ECONOMY98 pagesEnergy and Commerce CommitteeJul 14, 2011
Serial No. 112-28HITTING THE ETHANOL BLEND WALL: EXAMINING THE SCIENCE ON E15221 pagesScience, Space, and Technology CommitteeJul 7, 2011
Show all 8 hearings

CRS reports 5

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 5

Products on other subjects that cite it, usually among other measures.

Amendments 13

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 240An amendment numbered 1 printed in House Report 112-54 to require an EPA study to determine the long term impact of a complete ban on their authority to regulate greenhouse gases.Sheila Jackson Lee D-TXOn agreeing to the Jackson Lee (TX) amendment (A001) Failed by recorded vote: 161 - 259 (Roll no. 233).
HAmdt 241An amendment numbered 2 printed in House Report 112-54 to insert a new section to provide considerations and procedures in finalizing greenhouse gas regulations.Sheila Jackson Lee D-TXOn agreeing to the Jackson Lee (TX) amendment (A002) Failed by recorded vote: 157 - 266 (Roll no. 234).
HAmdt 242An amendment numbered 3 printed in House Report 112-54 to clarify that voluntary programs addressing climate change classify as exceptions to the bill's prohibitions.Jerry McNerney D-CAOn agreeing to the McNerney amendment (A003) Agreed to by voice vote.
HAmdt 243An amendment numbered 4 printed in House Report 112-54 to amend the definition of greenhouse gas, to remove water vapor as a part of the definition, amend the act by striking the removal of existing EPA findings and rules, and exempt all auto standards from the legislation.Henry Cuellar D-TXOn agreeing to the Cuellar amendment (A004) Failed by voice vote.
HAmdt 244An amendment numbered 5 printed in House Report 112-54 to clarify that the Agency can continue to provide technical assistance to states taking action to limit greenhouse gas emissions.Christopher Murphy D-CTOn agreeing to the Murphy (CT) amendment (A005) Failed by recorded vote: 182 - 240 (Roll no. 235).
Show all 13 amendments

Related bills 5

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HRES 203Providing for consideration of the bill (H.R. 910) to amend the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change, and for other purposes.Procedurally relatedApr 6, 2011
S 482Energy Tax Prevention Act of 2011Related billMar 10, 2011
S 1720Jobs Through Growth ActRelated billOct 18, 2011
S 2365WEST ActRelated billApr 25, 2012
HR 3409Stop the War on Coal Act of 2012Related billNov 13, 2012

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change, and for other purposes.
Short Titles as Introduced
Energy Tax Prevention Act of 2011
Short Titles as Reported to House
Energy Tax Prevention Act of 2011
Short Titles as Passed House
Energy Tax Prevention Act of 2011

Subjects

Assigned by the Library of Congress. Policy area: Environmental Protection.

Text 4

Each version as it was printed, newest first.

  1. Apr 8, 2011Referred in Senate
  2. Apr 7, 2011Engrossed in House
  3. Apr 1, 2011Reported in House
  4. Mar 3, 2011Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.