H. Rept. 113-272 - 113th Congress (2013-2014)

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House Report 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

[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.