Summary
Foreign Emissions and Nonattainment Clarification for Economic Stability Act or the FENCES Act
This bill modifies standards under the Clean Air Act to exempt states from penalties for emissions outside of the state’s control.
The bill provides that certain nonattainment areas (i.e., those classified as severe or extreme for ozone or as serious for particulate matter) are not subject to sanctions for implementation plan deficiencies or for fees for failing to attain national ambient air quality standards (NAAQS) if the state demonstrates it would have avoided deficiencies or attained its standards but for emissions outside of its control (e.g., emissions from an exceptional event like a wildfire). A state must renew its demonstration at least once every five years for exemption from the sanctions or fees to continue to apply.
The bill specifies that an area within a state may not be designated as a nonattainment area regarding any new or revised NAAQS for a pollutant if the state demonstrates it would be in attainment but for emissions emanating from outside of the country, regardless of whether the emissions resulted from human activity.
For purposes of approving a state implementation plan or meeting certain NAAQS, current law provides that a state may demonstrate to the Environmental Protection Agency that but for emissions emanating from outside of the country, it would have attained applicable NAAQS by the attainment date for certain pollutants. The bill specifies that such emissions emanating from outside the country may include emissions that result from human activity.
Legislative Journey
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
SenateMotion to reconsider laid on the table Agreed to without objection.
HouseOn passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
HousePassed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 116).
On motion to recommit Failed by the Yeas and Nays: 213 - 215 (Roll no. 115).
HouseConsidered as unfinished business. (consideration: CR H2937-2938)
HousePOSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 6409, the Chair put the question on motion to recommit, and by voice vote, announced that the noes had prevailed. Mr. Min demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
HouseThe previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
HouseMr. Min moved to recommit to the Committee on Energy and Commerce. (text: CR H2908-2909)
HouseThe previous question was ordered pursuant to the rule.
HouseDEBATE - The House proceeded with one hour of debate on H.R. 6409.
HouseRule provides for consideration of H.R. 6387, H.R. 6398, H.R. 6409 and H. Res. 1156. The resolution provides for consideration of each measure under a closed rule with one hour of general debate on each measure. The resolution also provides one motion to recommit on H.R. 6387, H.R. 6398, and H.R. 6409.
HouseConsidered under the provisions of rule H. Res. 1174. (consideration: CR H2902-2909; text: CR H2902-2903)
HouseRules Committee Resolution H. Res. 1174 Reported to House. Rule provides for consideration of H.R. 6387, H.R. 6398, H.R. 6409 and H. Res. 1156. The resolution provides for consideration of each measure under a closed rule with one hour of general debate on each measure. The resolution also provides one motion to recommit on H.R. 6387, H.R. 6398, and H.R. 6409.
HouseSupplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
HouseSupplemental report filed by the Committee on Energy and Commerce, H. Rept. 119-594, Part II.
Placed on the Union Calendar, Calendar No. 514.
HouseReported by the Committee on Energy and Commerce. H. Rept. 119-594.
HouseReported by the Committee on Energy and Commerce. H. Rept. 119-594.
Ordered to be Reported by the Yeas and Nays: 25 - 22.
HouseCommittee Consideration and Mark-up Session Held
HouseForwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 11.
HouseSubcommittee Consideration and Mark-up Session Held
HouseReferred to the Subcommittee on Environment.
HouseReferred to the House Committee on Energy and Commerce.
HouseIntroduced in House
Introduced in House