[House Report 113-272] [From the U.S. Government Publishing Office] 113th Congress Report HOUSE OF REPRESENTATIVES 1st Session 113-272 ====================================================================== PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1900) TO PROVIDE FOR THE TIMELY CONSIDERATION OF ALL LICENSES, PERMITS, AND APPROVALS REQUIRED UNDER FEDERAL LAW WITH RESPECT TO THE SITING, CONSTRUCTION, EXPANSION, OR OPERATION OF ANY NATURAL GAS PIPELINE PROJECTS, AND FOR OTHER PURPOSES _______ November 19, 2013.--Referred to the House Calendar and ordered to be printed _______ Mr. Burgess, from the Committee on Rules, submitted the following R E P O R T [To accompany H. Res. 420] The Committee on Rules, having had under consideration House Resolution 420, by a vote of 8 to 4, report the same to the House with the recommendation that the resolution be adopted. SUMMARY OF PROVISIONS OF THE RESOLUTION The resolution provides for consideration of H.R. 1900, the Natural Gas Pipeline Permitting Reform Act, under a structured rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. The resolution waives all points of order against consideration of the bill. The resolution makes in order as original text for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113-25 and provides that it shall be considered as read. The resolution waives all points of order against that amendment in the nature of a substitute. The resolution makes in order only those further amendments printed in this report. Each such amendment may be offered only in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. The resolution waives all points of order against the amendments printed in this report. The resolution provides one motion to recommit with or without instructions. Section 2 of the resolution provides that on any legislative day during the period from November 22, 2013, through November 29, 2013: the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment. Section 3 of the resolution provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 2 of the resolution. EXPLANATION OF WAIVERS Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of order. The waiver is prophylactic in nature. Although the resolution waives all points of order against the amendment in the nature of a substitute made in order as original text, the Committee is not aware of any points of order. The waiver is prophylactic in nature. Although the resolution waives all points of order against the amendments printed in this report, the Committee is not aware of any points of order. The waiver is prophylactic in nature. COMMITTEE VOTES The results of each record vote on an amendment or motion to report, together with the names of those voting for and against, are printed below: Rules Committee record vote No. 90 Motion by Mr. McGovern to report an open rule. Defeated: 4- 8. ---------------------------------------------------------------------------------------------------------------- Majority Members Vote Minority Members Vote ---------------------------------------------------------------------------------------------------------------- Ms. Foxx........................................ Nay Ms. Slaughter.................... Yea Mr. Bishop of Utah.............................. Nay Mr. McGovern..................... Yea Mr. Cole........................................ Nay Mr. Hastings of Florida.......... Yea Mr. Woodall..................................... Nay Mr. Polis........................ Yea Mr. Nugent...................................... Nay Mr. Webster..................................... Nay Ms. Ros-Lehtinen................................ ............ Mr. Burgess..................................... Nay Mr. Sessions, Chairman.......................... Nay ---------------------------------------------------------------------------------------------------------------- Rules Committee record vote No. 91 Motion by Ms. Foxx to report the rule. Adopted: 8-4. ---------------------------------------------------------------------------------------------------------------- Majority Members Vote Minority Members Vote ---------------------------------------------------------------------------------------------------------------- Ms. Foxx........................................ Yea Ms. Slaughter.................... Nay Mr. Bishop of Utah.............................. Yea Mr. McGovern..................... Nay Mr. Cole........................................ Yea Mr. Hastings of Florida.......... Nay Mr. Woodall..................................... Yea Mr. Polis........................ Nay Mr. Nugent...................................... Yea Mr. Webster..................................... Yea Ms. Ros-Lehtinen................................ ............ Mr. Burgess..................................... Yea Mr. Sessions, Chairman.......................... Yea ---------------------------------------------------------------------------------------------------------------- SUMMARY OF THE AMENDMENTS MADE IN ORDER 1. Tonko (NY): Requires the application for a natural gas pipeline to include information to ensure that methane emissions will be minimized before the application can be considered for approval. (10 minutes) 2. Castor (FL): Strikes the provision that requires FERC to automatically issue other agencies' permits if the deadline is missed. (10 minutes) 3. Speier (CA): Would toll the time limits until FERC has considered and responded to state or local objections or concerns about the pipeline project. (10 minutes) 4. Jackson Lee (TX): Delays the implementation of the bill, if enacted, so long as sequestration is in effect. (10 minutes) 5. Dingell (MI): SUBSTITUTE Replaces the bill with a requirement that GAO complete a study on what, if any, delays are expected by FERC or other federal, state, or local permitting authorities in issuing permits regarding the siting, construction, expansion, or operation of any natural gas pipeline project. (10 minutes) TEXT OF AMENDMENTS MADE IN ORDER 1. An Amendment To Be Offered by Representative Tonko of New York or His Designee, Debatable for 10 Minutes In the quoted subsection (i)(1), insert ``For purposes of the deadline established in this paragraph, an application shall not be considered complete unless the application includes sufficient information to demonstrate that the pipeline project will utilize available designs, systems, and practices to minimize methane emissions to the extent practicable.'' after ``by regulation.''. ---------- 2. An Amendment To Be Offered by Representative Castor of Florida or Her Designee, Debatable for 10 Minutes Strike paragraph (4) (and redesignate accordingly). ---------- 3. An Amendment To Be Offered by Representative Speier of California or Her Designee, Debatable for 10 Minutes At the end of the bill, after paragraph (5), insert the following new paragraph: ``(6) This subsection shall not apply to a project unless the Commission has considered and responded to applicable State and local objections or concerns about approval of the project.''. ---------- 4. An Amendment To Be Offered by Representative Jackson Lee of Texas or Her Designee, Debatable for 10 Minutes At the end of the bill, add the following new section: SEC. 3. EFFECTIVE DATE. This Act shall not take effect until such time as there is no Presidential order issued under section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 in effect. ---------- 5. An Amendment To Be Offered by Representative Dingell of Michigan or His Designee, Debatable for 10 Minutes Strike all after the enacting clause and insert the following: SECTION 1. GAO STUDY. Not later than May 1, 2014, the Comptroller General shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (1) assesses the extent to which the Federal Energy Regulatory Commission is expected to experience delays in issuing certificates of public convenience and necessity for the siting, construction, expansion, or operation of any natural gas pipeline project; (2) assesses the extent to which other Federal, State, or local permitting authorities are expected to experience delays in issuing permits required under Federal law in connection with the siting, construction, expansion, or operation of any natural gas pipeline project for which a certificate of public convenience and necessity is required; and (3) examines the effect of anticipated Congressional appropriations or other resources on the ability of the Federal Energy Regulatory Commission and other Federal agencies to review applications for certificates and permits described in paragraphs (1) and (2) in a timely manner.