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109th Congress (2005-2006)

FULL COMMITTEE ACTION

Wednesday, April 13, 2005 


H.R. ____ , "Energy Policy Act of 2005", was ordered favorably reported, amended, by a yea-nay vote: 39 - 16. The Chairman announced that a clean bill reflecting the Committee's work would be introduced. (For further action, see H.R. 1640 and H.R. 6.)

The following amendments were offered:

Title IV - Coal

An amendment by Messrs. Boucher and Whitfield, #29, to waive the efficiency requirements -- leaving in place the NOx, SOx, and mercury requirements -- for projects that can separate and capture at least 50 percent of carbon emissions, was adopted by a voice vote;

Title VI - Nuclear Matters

An amendment by Mr. Markey, #30, to ensure that any closed meetings of the Nuclear Regulatory Commission can occur only in accordance with NRC regulations, and that transcripts of any closed meetings that do occur (i.e. those that are allowed for reasons of protecting national security or proprietary information) are maintained so that the public will be able to obtain information about the Commission's activities, was adopted by a voice vote;

An amendment by Mr. Markey, #31, re: medical isotope production: non-proliferation, antiterrorism, and source review, was defeated by a division vote: 10 - 20;

An amendment by Mr. Wynn, #32, to authorize a new reactor program at the Department of Energy's Idaho National Laboratory to develop a more efficient and innovative approach to hydrogen production and encourage the nation's utilities to demonstrate collocating hydrogen production at current nuclear plant sites and when licensing new reactors, was adopted by a voice vote;

An amendment by Messrs. Strickland and Whitfield, #33, to require the Secretary of Energy to modify the Department's issued and pending contracts with its infrastructure, environmental remediation and depleted uranium hexafluoride contractors (and first and second contractors) to allow all eligible employees at the Piketon, Ohio, and Paducah, Kentucky, facilities to participate in or transfer into the multiple employer pension plan and the multiple employer retiree health care benefit plan, was adopted with no objection;

An amendment by Messrs. Upton and Towns, #34, re: nuclear waste fund management, was withdrawn with no objection;

An amendment by Mr. Markey, #35, to direct the Secretary of Energy to create a peer-reviewed, competitively selected grant program to assess whether there are health impacts associated with living near nuclear reactors or other nuclear facilities, was defeated by a yea-nay vote: 16 - 23;

An amendment by Mr. Markey, #36, calling for additional studies, analyses, and security upgrades for the storage of spent nuclear fuel recommended by the National Academy of Sciences report released on April 6, 2005, was defeated by a yea-nay vote: 13 - 26;

An amendment by Mr. Hall, #37, re: NRC user fees and annual charges, was adopted by a voice vote;

Title VII - Vehicles and Fuels

An amendment by Mr. Engel, #38, to amend the dual fuel program to allow the Department of Transportation and the National Highway Traffic Safety Administration (NHTSA) to issue corporate average fuel economy standard (CAFE) credits to manufacturers of dual fuel vehicles annually and proportionately to the amount of alternative fuels used in their auto fleet, was defeated by a voice vote;

An amendment by Mr. Shadegg, #39, re: reduction of engine idling of heavy-duty vehicles, was withdrawn with no objection;

An amendment by Mr. Brown, #40, to require DOE to enter into a cooperaive agreement with NASA for development of an Ultra-Efficient Engine Technology program for jet engines, was adopted by a voice vote;

An amendment by Mr. Markey, #41, to direct the Secretary of Transportation to promulgate fuel economy regulations starting in model year 2008 that ensure a) that the average fuel economy of automobiles manufactured by a manufacturer in model year 2015 and beyond is at least 33 miles per gallon, b) that improvements to fuel economy do not degrade automobile safety and c) that the retention of jobs in the U.S. automobile manufacturing sector is maximized, was defeated by a yea-nay vote: 10 - 36;

Title VIII - Hydrogen

An amendment by Messrs. Terry and Doyle, #42, to increase the authorization levels, was adopted by a voice vote;

An amendment by Mr. Wynn, #44, to provide for the establishment of 10 projects throughout the country to demonstrate the commercial production of hydrogen at solar and wind power facilities, including two demonstration projects at a national laboratory or institution of higher education, was adopted by a voice vote;

An amendment by Mr. Shadegg, #60, to amend sec. 803(a) re: hydrogen energy development and the ability of domestic automobile manufacturers to manufacture commercially available competitive hybrid vehicle tehcnologies in the United States, was adopted by a voice vote

Title IX - Studies and Program Support

Three amendments offered en bloc by Mr. Gordon, #43, re: establishment of a program about the feasibility of the operation of diesel electric power generators using biodiesel fuels at a university electric generation facility, establishment of a program to develop working models of small scale portable power devices, and establishment of a program to develop the use of hydrogen propulsion in light-weight vehicles and the integration of the associated hydrogen production infrastructure using off-the-shelf components, were adopted by a voice vote;

An amendment by Mr. Engel, #45, expressing the sense of Congress that energy cooperation between the U.S. and Israel is mutually beneficial and acknowledges the cooperative agreement between the U.S. and Israel, and states that DOE should periodically report on the past/future cooperative energy projects between the U.S. and Israel, was adopted by a voice vote

An amendment by Mr. Brown, #48, re: carbon-based fuel cell development, was adopted by a voice vote;

An amendment by Mr. Markey, #79, to strike the Advanced Fuel Cycle Initiative and the funding associated with the program, was defeated by a yea-nay vote: 15 - 37;

Title X - Department of Energy Management

An amendment by Mr. Gordon, #46, to provide that the Secretary of Energy shall transmit a report to Congress examining the feasibility of promoting collaborations between major universities and other colleges and universities in grants, contracts, and cooperative agreements made by the Secretary for energy projects, was adopted by a voice vote;

An amendment by Ms. Schakowsky, #49, expressing the sense of the Congress that the Secretary of Energy should develop and implement more stringent procurement and inventory controls to prevent waste, fraud, and abuse of taxpayer funds by employees and contractors, and that the Department's Inspector General should continue to closely review purchase card purchases and other produrement and inventory practices at DOE, was adopted by a voice vote;

Title XII - Electricity

An amendment by Mr. Dingell, #47, "Electric Reliability Act of 2005" -- authorizes the Federal Energy Regulatory Commission (FERC) to bar fraudulent behavior in electricity and natural gas markets, increase penalties under the Federal Power Act, requires audit trails and provide for greater transparency in gas and electricity markets, and directs the Securities and Exchange Commission to review Public Utility Holding Company Act (PUHCA) exemptions, was defeated, as amended, by a yea-nay vote: 22 - 27;

An amendment to the Dingell amendment by Mr. Engel, #47A, re: New York State electric reliability standards, was adopted by a voice vote;

An amendment by Mr. Otter, #50, re: cybersecurity, was adopted by a voice vote;

An amendment by Messrs. Boucher and Brown, #51, to strike section 1221 (transmission siting), was defeated by a yea-nay vote: 13 - 31;

An amendment by Ms. Eshoo, #52, to direct FERC to order refunds of certain charges in California, was defeated by a yea-nay vote: 20 -27;

An amendment by Mr. Strickland, #53, to eliminate spending caps on the establishment and enforcement of mandatory electric grid reliability standards, was defeated by a yea-nay vote: 16 - 28;

An amendment by Ms. Baldwin, #55, to strike language in the electricity market transparency section that deals with granting the Commodity Futures Trading Commission exclusive jurisdiction over the release of price and transaction information to FERC, was adopted by a voice vote;

An amendment by Mr. Inslee, #56, to standardize net metering regulations across the country and establish national interconnection standards that States must emulate, was defeated by a voice vote;

An amendment by Messrs. Blunt, Ferguson, and Norwood, #57, re: native load service obligations, was adopted by a voice vote;

An amendment by Mr. Brown, #58, to require the Government Accountability Office (GAO), to report to the designated House and Senate Committees on FERC's actions authorizing Seams Elimination Charge Adjustments system in the electric power transmission region served by the Midwest Independent System Operator and PJM Interconnection, was withdrawn with no objection;

An amendment by Mr. Shimkus, #59, to strike sec. 1242, was adopted by a voice vote;

An amendment by Mr. Hall, #61, re: smart metering, was adopted by a voice vote;

An amendment by Mr. Inslee, #62, to strike sec. 1286 on sanctity of contract, was defeated by a yea-nay vote: 18 - 30;

An amendment by Mr. Markey, #63, to ensure that in the event that PUHCA is repealed, that consumers and investors are protected from the adverse effects of failed utility holding company diversifications into unregulated businesses by requiring "ring fencing" to insulate utility operations from being burgened by debts or other financial obligations of unregulated businesses, was defeated by a yea-nay vote: 15 -29;

An amendment by Mr. Green, #64, re: economic dispatch, was adopted by a voice vote;

Title XIV - Miscellaneous

An amendment by Mr. Allen, #65, to strike sec. 1443 relating to attainment date extensions for downwind areas, was defeated by a yea-nay vote: 19 - 29;

An amendment by Messrs. Rogers and Hall, #66, re: establishment of a program on oxygen-fuel systems, was adopted by a voice vote;

An amendment by Mr. Inslee, #67, re: sense of the Congress on climate change, was defeated by a yea-nay vote: 18 - 30;

An amendment by Mr. Green, #68, re: petrochemical and oil refinery facility health assessment, was adopted by a voice vote;

Title XV - Ethanol and Motor Fuels

An amendment by Mrs. Capps, #69, to eliminate liability protections for MTBE manufacturers, was defeated by a yea-nay vote: 20 - 31;

An amendment by Mr. Barton, #70, re: reducing the proliferation of boutique fuels, was adopted by a voice vote;

An amendment to the Barton amendment by Mr. Brown, #70A, to allow the use of reformulated gasoline and other fules in all ozone non-attainment areas, was defeated by a voice vote;

Two amendments offered en bloc by Mrs. Capps, #71, striking MTBE transition assistance in sec. 1503 and amending sec. 1504 to phase out the use of MTBE in four years and eliminate the Presidential override of the MTBE ban, was defeated by a yea-nay vote: 23 - 29;

Two amendments offered en bloc by Mr. Bass, #72, re: sec. 211 of the Clean Air Act, were adopted by a voice vote;

An amendment by Ms. Solis, #73, to ensure that liable owners of polluting tanks pay for cleanup based on their ability to pay but are able to maintain their business operations, was adopted by a voice vote;

An amendment by Mr. Allen, #74, to clarify that nothing in the bill impacts the right or ability of a state to enact or keep in force bans on the use of MTBE, was adopted by a voice vote;

An amendment by Mr. Engel, #75, to strike sec. 1501, Renewable Content of Motor Vehicle Fuel, was defeated by a voice vote;

An amendment by Ms. Baldwin, #76, re: Solid Waste Disposal Act (SWDA) and underground storage tank operator training, was adopted by a voice vote;

An amendment by Mr. Stupak, #77, re: Solid Waste Disposal Act -- to require secondary containment for new and replacement tanks installed within 1,000 feet of any existing community water system or existing potable drinking water well or other sensitive area, was adopted, as amended by the Fossella amendment, by a yea-nay vote: 27 - 25;

An amendment to the Stupak amendment by Mr. Fossella, #77A, striking the Stupak amendment and providing that the EPA Administrator shall require each State that receives funding under the subtitle to require one of the following: (1) tank and piping secondary containment (2) manufacturer and installer financial responsibility, was adopted by a yea-nay vote: 27 - 25;

An amendment by Mrs. Capps, #78, to establish a periodic inspection requirement of three years for underground storage tanks regulated under the SWDA, was defeated by a yea-nay vote: 24 - 29;

Title XVI - Studies

An amendment by Mr. Gonzalez, #80, to require the Secretary of Energy to submit an annual report to the appropriate House and Senate Committees on the status of energy export development in Latin America and efforts by the Secretary and other departments and agencies of the United States to promote energy integration with Latin America, was adopted by a voice vote;

An amendment by Mr. Burgess, #81, to require the Secretary of Energy to make a grant to an organization of oil and gas producing States, specifically those containing significant numbers of marginal oil and natural gas wells, for conducting an annual study of low-volume gas reservoirs, was adopted by a voice vote;

New Title

An amendment by Mrs. Wilson, #82, to add a new title, Title V - Indian Energy, to the committee print, was adopted by a yea-nay vote: 33 -20.


THE COMMITTEE ADJOURNED SUBJECT TO THE CALL OF THE CHAIR


Prepared by the Committee on Energy and Commerce
2125 Rayburn House Office Building, Washington, DC 20515