HR 2042 · 114th Congress 2015–2017, ended

Ratepayer Protection Act of 2015

Introduced Apr 28, 2015 Originated House Sponsor Ed Whitfield R-KY

Latest action · Jul 14, 2016 Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 569.

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.

IntroducedApr 28, 2015
Passed HouseJun 24, 2015
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Ratepayer Protection Act of 2015

(Sec. 2) This bill extends compliance deadlines for rules under the Clean Air Act that address carbon dioxide emissions from existing fossil fuel-fired power plants pending final judicial review. This extension applies to any final rule that succeeds either:

the proposed rule entitled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units"; or
the supplemental proposed rule entitled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-Jurisdictional Partnerships."

The extension period begins 60 days after the notice of promulgation of a final rule appears in the Federal Register and ends when the rule is no longer subject to judicial appeal or review.

The bill urges the Environmental Protection Agency (EPA), in promulgating, implementing, or enforcing the rules, to address how the megawatt hours discharged from a pumped hydroelectric storage system will be incorporated into implementation plans adopted pursuant to the rules.

(Sec. 3) A state is not required to submit or follow an implementation plan that addresses carbon dioxide emissions from existing power plants if it determines that the plan would have a significant adverse effect on: (1) the state's residential, commercial, or industrial ratepayers; or (2) the reliability of the state's electricity system.

(Sec. 4) The EPA must treat hydropower as renewable energy when implementing or enforcing the rules.

Recorded votes 4

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

Roll call	Question	Result	Date
House 384	On Passage	Passed247–180	Jun 24, 2015

House 383	On Agreeing to the Amendment	Failed177–250	Jun 24, 2015

House 382	On Agreeing to the Amendment	Failed182–243	Jun 24, 2015

House 381	On Agreeing to the Amendment	Failed181–245	Jun 24, 2015

Cosponsors 67

Members who signed on, in the order they did. Signatures ran from Apr 28, 2015 to Jun 16, 2015; 3 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
D-MN	Collin C. Peterson	Original	Apr 28, 2015
R-VA	H. Morgan Griffith	Original	Apr 28, 2015
D-GA	Sanford D. Bishop, Jr.	Original	Apr 28, 2015
R-KY	Andy Barr		May 5, 2015
R-KY	Brett Guthrie		May 5, 2015
R-WV	David B. McKinley		May 5, 2015
R-TN	John J. Duncan, Jr.		May 5, 2015
R-ND	Kevin Cramer		May 5, 2015
R-OK	Markwayne Mullin		May 5, 2015
R-TX	Pete Sessions		May 5, 2015
R-NC	Renee L. Ellmers		May 5, 2015
R-OH	Robert E. Latta		May 5, 2015
R-OH	Steve Stivers		May 5, 2015
D-AL	Terri A. Sewell		May 5, 2015
R-OH	Bob Gibbs		May 12, 2015
R-AL	Mo Brooks		May 12, 2015
R-PA	Tim Murphy		May 12, 2015
R-NC	Walter B. Jones		May 12, 2015
R-AL	Bradley Byrne		May 15, 2015
R-AR	Eric A. "Rick" Crawford		May 15, 2015
R-IL	Mike Bost		May 15, 2015
R-PA	Mike Kelly		May 15, 2015
R-AL	Mike Rogers		May 15, 2015
R-FL	Ron DeSantis		May 15, 2015
R-MO	Vicky Hartzler		May 15, 2015
R-NY	Chris Collins		May 21, 2015
R-NC	David Rouzer		May 21, 2015
R-VA	J. Randy Forbes		May 21, 2015
R-MO	Ann Wagner		Jun 9, 2015
R-TX	Bill Flores		Jun 9, 2015
R-OH	Bill Johnson		Jun 9, 2015
R-MO	Billy Long		Jun 9, 2015
R-UT	Chris Stewart		Jun 9, 2015
R-WY	Cynthia M. Lummis		Jun 9, 2015
R-TN	David P. Roe		Jun 9, 2015
R-TN	Diane Black		Jun 9, 2015
R-WV	Evan H. Jenkins		Jun 9, 2015
R-MS	Gregg Harper		Jun 9, 2015
R-MN	John Kline		Jun 9, 2015
R-KS	Lynn Jenkins		Jun 9, 2015
R-TN	Scott DesJarlais		Jun 9, 2015
R-AR	Steve Womack		Jun 9, 2015
R-MS	Steven M. Palazzo		Jun 9, 2015
R-PA	Bill Shuster		Jun 12, 2015
R-MO	Blaine Luetkemeyer		Jun 12, 2015
D-NE	Brad Ashford		Jun 12, 2015
R-TX	Brian Babin		Jun 12, 2015
R-FL	David W. Jolly		Jun 12, 2015
R-GA	Earl L. "Buddy" Carter		Jun 12, 2015
R-WI	F. James Sensenbrenner, Jr.		Jun 12, 2015
R-FL	Gus M. Bilirakis		Jun 12, 2015
R-OK	Jim Bridenstine		Jun 12, 2015
R-TX	Joe Barton		Jun 12, 2015
R-AL	Martha Roby		Jun 12, 2015
R-TX	Michael T. McCaul		Jun 12, 2015
R-LA	Ralph Lee Abraham		Jun 12, 2015
R-WI	Reid J. Ribble		Jun 12, 2015
R-NC	Richard Hudson		Jun 12, 2015
R-MT	Ryan K. Zinke		Jun 12, 2015
R-CO	Scott R. Tipton		Jun 12, 2015
R-IN	Susan W. Brooks		Jun 12, 2015
R-FL	Ander Crenshaw		Jun 16, 2015
R-GA	Barry Loudermilk		Jun 16, 2015
R-CO	Doug Lamborn		Jun 16, 2015
R-TX	Lamar Smith		Jun 16, 2015
R-AZ	Martha McSally		Jun 16, 2015
R-UT	Mia B. Love		Jun 16, 2015

Committees 1

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

Chamber	Committee	What it did
House	Energy and Commerce Committee	Referred Apr 28, 2015Markup Apr 29, 2015Reported Jun 19, 2015
	Energy Subcommittee	Referred May 1, 2015

Actions 28

Everything that happened, newest first.

Jul 14, 2016Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 569.
Jun 25, 2015Received in the Senate.
Jun 24, 2015Rule H. Res. 333 passed House.
Jun 24, 2015Considered under the provisions of rule H. Res. 333. (consideration: CR H4617-4633; text of amendment in the nature of a substitute CR H4624-4625)
Jun 24, 2015Resolution provides for a modified open rule for H.R. 2822; a structured rule for H.R. 2042; and provides for proceedings of the House during the period from June 26, 2015, through July 6, 2015.

Show all 28 actions

In the Congressional Record 6

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.

Where	In the Record	Members	Date
House	Debate and remarks H1131	Frank Pallone, Jr. D-NJ	Mar 3, 2016
House	Debate and remarks H5577, H5578	Andy Barr R-KY, Bob Gibbs R-OH, David B. McKinley R-WV	Jul 28, 2015
Extensions	Debate and remarks E975	Anna G. Eshoo D-CA, Chris Van Hollen D-MD	Jun 25, 2015
House	Debate and remarks H4607, H4608–H4617, H4617–H4633Text printed H4608Amendments H4614, H4624, H4625, H4626, H4627, H4628, H4629Recorded votes H4615, H4616, H4630, H4631, H4632consideration (H. Res. 333), previous questionenactMcNerney amendment (require a State public utility commission/public service commission and the Electric Reliabiltiy Organization to conduct an analysis of any State or Federal clean energy plan)Pallone amendment (allow States to opt out of the Clean Power Plan rules if the State plan promotes national security, economic growth, public health through addressing climate change and clean energy)	Alan S. Lowenthal D-CA, Barry Loudermilk R-GA, Bill Huizenga R-MI (amendment), Bill Johnson R-OH, Bobby L. Rush D-IL (amendment), Dan Newhouse R-WA (amendment), Daniel T. Kildee D-MI, Doug Collins R-GA, Earl Blumenauer D-OR, Ed Whitfield R-KY, Frank Pallone, Jr. D-NJ (amendment), Fred Upton R-MI, Gene Green D-TX, Gus M. Bilirakis R-FL, H. Morgan Griffith R-VA, Jared Polis D-CO (amendment), Jerry McNerney D-CA (amendment), Kathy Castor D-FL, Kevin Cramer R-ND, Lois Capps D-CA, Michael C. Burgess R-TX, Mimi Walters R-CA, Paul Tonko D-NY, Raúl M. Grijalva D-AZ, Richard Hudson R-NC, Sanford D. Bishop, Jr. D-GA, Steny H. Hoyer D-MD, Steve Scalise R-LA	Jun 24, 2015
House	Declaratory Statements H4594	—	Jun 23, 2015

Show all 6 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

H. Rept. 114-171

Congressional Budget Office cost estimate

May 13, 2015H.R. 2042, Ratepayer Protection Act of 2015As ordered reported by the House Committee on Energy and Commerce on April 29, 2015

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 3 of the U.S. Constitution, To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 62, April 28, 2015, page H2498.

Printed hearings 2

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

Number	Hearing	Committee	Held
Serial No. 114-113	H.R. 3797, THE SATISFYING ENERGY NEEDS AND SAVING THE ENVIRONMENT (SENSE) ACT; AND H.R., THE BLOCKING REGULATORY INTERFERENCE FROM CLOSING KILNS (BRICK) ACT109 pages	Energy and Commerce Committee	Feb 3, 2016
Serial No. 114-26	U.S. ENERGY INFORMATION ADMINISTRATION REPORT: ANALYSIS OF THE IMPACTS OF THE EPA'S CLEAN POWER PLAN191 pages	Science, Space, and Technology Committee	Jun 24, 2015

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.

Product	Title	Kind	Published
R44744	Clean Air Act Issues in the 115th Congress: In Brief Archived	Report	Aug 13, 2018
R44341	EPA’s Clean Power Plan for Existing Power Plants: Frequently Asked Questions Archived	Report	Dec 19, 2017
R43851	Clean Air Issues in the 114th Congress Archived	Report	Dec 21, 2016
R42756	Energy Policy: 114th Congress Issues Archived	Report	Sep 30, 2016
R44265	EPA’s Clean Power Plan: Implications for the Electric Power Sector Archived	Report	Nov 5, 2015

Amendments 5

Amendments offered to this bill.

Amendment	Description	Offered by	Status
HAmdt 526	Amendment sought to require a Governor wishing to opt out of the Clean Power Plan to include a certification that electric generating units are sources of carbon pollution that contribute to human-induced climate change; and that the state or federal plan to reduce carbon emissions from electric generating units 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.	Frank Pallone, Jr. D-NJ	On agreeing to the Pallone amendment (A001) Failed by recorded vote: 181 - 245 (Roll no. 381).
HAmdt 527	Amendment sought to require a Governor's determination to include certification that the inapplicability of a state or federal plan will not have a significant adverse effect on costs associated with a state's plan to respond to extreme weather events associated with human-caused climate change, including flooding, intense storms, frequent wildfires, and increased drought.	Bobby L. Rush D-IL	On agreeing to the Rush amendment (A002) Failed by recorded vote: 182 - 243 (Roll no. 382).
HAmdt 528	Amendment encourages EPA to explicitly authorize States to include clean energy storage in their compliance plans.	Bill Huizenga R-MI	On agreeing to the Huizenga (MI) amendment (A003) Agreed to by voice vote.
HAmdt 529	Amendment sought to strike section 2 of the bill, which prevents any rule from taking place until all litigation is complete and sought to replace the ability of states to opt out of the plan with the requirement that the state public utility commissions or public service commissions, as well as the appropriate electric reliability organization, issue reliability analyses on any state or federal plan.	Jerry McNerney D-CA	On agreeing to the McNerney amendment (A004) Failed by recorded vote: 177 - 250 (Roll no. 383).
HAmdt 530	An amendment numbered 5 printed in House Report 114-177 to direct 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.	Dan Newhouse R-WA	On agreeing to the Newhouse amendment (A005) Agreed to by voice vote.

Related bills 2

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

Bill	Title	Relationship	Latest action
HRES 333	Providing for consideration of the bill (H.R. 2822) making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2016, and for other purposes; providing for consideration of the bill (H.R. 2042) to allow for judicial review of any final rule addressing carbon dioxide emissions from existing fossil fuel-fired electric utility generating units before requiring compliance with such rule, and to allow States to protect households and businesses from significant adverse effects on electricity ratepayers or reliability; and providing for proceedings during the period from June 26, 2015, through July 6, 2015.	Procedurally related	Jun 24, 2015
S 1324	Affordable Reliable Electricity Now Act of 2015	Related bill	Oct 29, 2015

Titles 4

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

Official Title as Introduced: To allow for judicial review of any final rule addressing carbon dioxide emissions from existing fossil fuel-fired electric utility generating units before requiring compliance with such rule, and to allow States to protect households and businesses from significant adverse effects on electricity ratepayers or reliability.
Short Titles as Introduced: Ratepayer Protection Act of 2015
Short Titles as Reported to House: Ratepayer Protection Act of 2015
Short Titles as Passed House: Ratepayer Protection Act of 2015

Subjects

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

Text 5

Each version as it was printed, newest first.

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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.