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Bill113th CongressFiled Jan 9, 2014Environmental Protection
H.R. 3826

Electricity Security and Affordability Act

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Mar 6, 2014)

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.

What just happenedMay 8, 2014

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 374.

Who’s behind it

Rep. Whitfield, Ed [R-KY-1](R-KY)Sponsor
94 cosponsors7 D87 R
Read on Congress.gov
94cosponsors1committees51actions8amendments5related bills9subjects
  • Placed on Calendar SenateMay 8, 2014
  • Engrossed in HouseMar 6, 2014
  • Reported in HouseFeb 28, 2014
  • Introduced in HouseJan 9, 2014
  1. May 8, 2014Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 374.

  2. May 7, 2014Calendars

    Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

  3. Mar 10, 2014IntroReferral

    Received in the Senate.

  4. Mar 6, 2014FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  5. Mar 6, 2014FloorH37100

    On passage Passed by recorded vote: 229 - 183 (Roll no. 106).

  6. Mar 6, 2014Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 229 - 183 (Roll no. 106).

  7. Mar 6, 2014FloorH36110

    On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 223 (Roll no. 105).

  8. Mar 6, 2014FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2213)

  9. Mar 6, 2014FloorH8D000

    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.

  10. Mar 6, 2014FloorH36100

    Ms. Brownley (CA) moved to recommit with instructions to Energy and Commerce. (consideration: CR H2211-2214; text: CR H2211)

  11. Mar 6, 2014FloorH34400

    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)

  12. Mar 6, 2014FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H2211)

  13. Mar 6, 2014FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3826.

  14. Mar 6, 2014FloorH32050

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  15. Mar 6, 2014FloorH30000

    Considered as unfinished business. (consideration: CR H2208-2215)

  16. Mar 5, 2014FloorH32700

    Committee of the Whole House on the state of the Union rises leaving H.R. 3826 as unfinished business.

  17. Mar 5, 2014FloorH32341

    On motion to rise Agreed to by voice vote.

  18. Mar 5, 2014FloorH32340

    Mr. Whitfield moved to rise.

  19. Mar 5, 2014FloorH8D000

    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.

  20. Mar 5, 2014FloorH8D000

    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.

  21. Mar 5, 2014FloorH8D000

    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.

  22. Mar 5, 2014FloorH32050

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

  23. Mar 5, 2014FloorH30000

    Considered as unfinished business. (consideration: CR H2192-2195)

  24. Mar 5, 2014FloorH32700

    Committee of the Whole House on the state of the Union rises leaving H.R. 3826 as unfinished business.

  25. Mar 5, 2014FloorH32341

    On motion to rise Agreed to by voice vote.

  26. Mar 5, 2014FloorH32340

    Mr. Whitfield moved to rise.

  27. Mar 5, 2014FloorH8D000

    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.

  28. Mar 5, 2014FloorH8D000

    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.

  29. Mar 5, 2014FloorH8D000

    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.

  30. Mar 5, 2014FloorH8D000

    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.

  31. Mar 5, 2014FloorH8D000

    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.

  32. Mar 5, 2014FloorH8D000

    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.

  33. Mar 5, 2014FloorH8D000

    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.

  34. Mar 5, 2014FloorH8D000

    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.

  35. Mar 5, 2014FloorH8D000

    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.

  36. Mar 5, 2014FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3826.

  37. Mar 5, 2014FloorH32400

    The Speaker designated the Honorable Jeff Fortenberry to act as Chairman of the Committee.

  38. Mar 5, 2014FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 497 and Rule XVIII.

  39. Mar 5, 2014FloorH8D000

    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.

  40. Mar 5, 2014FloorH30000

    Considered under the provisions of rule H. Res. 497. (consideration: CR 3/5/2014 H2178-2192)

  41. Mar 4, 2014FloorH1L210

    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.

  42. Feb 28, 2014CalendarsH12410

    Placed on the Union Calendar, Calendar No. 271.

  43. Feb 28, 2014CommitteeH12200

    Reported by the Committee on Energy and Commerce. H. Rept. 113-365.

  44. Feb 28, 2014Committee5000

    Reported by the Committee on Energy and Commerce. H. Rept. 113-365.

  45. Jan 28, 2014Committee

    Ordered to be Reported by the Yeas and Nays: 29 - 19.

  46. Jan 28, 2014Committee

    Committee Consideration and Mark-up Session Held.

  47. Jan 27, 2014Committee

    Committee Consideration and Mark-up Session Held.

  48. Jan 10, 2014Committee

    Referred to the Subcommittee on Energy and Power.

  49. Jan 9, 2014IntroReferralH11100

    Referred to the House Committee on Energy and Commerce.

  50. Jan 9, 2014IntroReferralIntro-H

    Introduced in House

  51. Jan 9, 2014IntroReferral1000

    Introduced in House

Passed House amendedMar 6, 201436

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.

Reported to House without amendmentFeb 28, 201479

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

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 the coal 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.

(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, and on economic growth, competitiveness, and jobs in the United States; and (3) the amount of greenhouse gas emissions projected to be reduced as compared to overall global greenhouse gas emissions.

(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.

Introduced in HouseJan 9, 2014

Electricity Security and Affordability Act - 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 the coal 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.

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.

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 — Informed