House Amends and Passes HR 3055 – 2nd FY 2020 Minibus

Yesterday, after dealing with well over 200 amendments, the House passed HR 3055, the second FY2020 spending minibus, by a near perfect (1 Democrat votes Nay) party line vote of 227 to 194. Both of the proposed amendments that I discussed earlier were adopted earlier this week.

Amendment Actions

The Maloney amendment (#264) was passed on Monday afternoon as part of amendment en bloc #7 by a voice vote. The amendment would encourage DOT to conduct research implementing connected vehicle and autonomous vehicle technologies at Highway-Rail Grade Crossings. There was no debate on this amendment.

The DeFazio amendment (#233) was passed later Monday afternoon after almost 10 minutes of debate. A recorded vote was requested and the amendment subsequently passed by a near party line vote (ten Democrats voted Nay and four Republicans voted Aye) of 221 to 195.

The debate was contentious, and more than a little hyperbole was used in attempts to sway the vote. At one point, Rep. DeFazio (D,OR) describes the potential results of a terrorist attack on a unit train of 100 LNG railcars, saying “It is likely it will cause a chain reaction and explosion. It is going to be about as powerful as Hiroshima if it goes off.” (pg H5053).

Rep. Price (D,NC) noted (pg H5054) that: “I want to note that the underlying bill provides $1 million for the  natural gas in rail tank cars, and it requires the Department to incorporate findings and recommendations from this study into any rulemaking on the transportation of LNG in rail tank cars before issuing a final rule authorizing such shipments.”

This requirement is outlined on page 75 of the Appropriations Committee Report (H Rept 116-106) on HR 3163, the original DOT spending bill that was incorporated into HR 3055 as Division E. That section in the Report on “LNG by Rail” concludes by stating:

“The Committee provides up to $1,000,000 for PHMSA to initiate this study within 30 days of enactment of this Act, and to complete this study no later than 18 months after enactment of this Act. Further, the Committee directs PHMSA to incorporate the findings and recommendations from this study into any potential rulemaking on the transportation of LNG in rail tank cars and prior to issuing a final rule authorizing such shipments [emphasis added].”

The DeFazio amendment would have no affect on the LNG by rail rulemaking, it specifically addresses the issuance of a Special Permit by PHMSA. That ‘special permit’ would be an interim authorization to ship liquified natural gas by rail pending the completion of the rulemaking. The inclusion of the DeFazio amenement in the bill could be a moot point; there is a chance that the special permit could be approved in this fiscal year.

Moving Forward

It still is not clear if the Senate will be taking up spending bills under regular order this year. If they take up HR 3055, they will certainly substitute language from the Senate versions of the underlying spending bills. It is very unlikely that a Senate version of this bill would include the DeFazio LNG by rail language. If/when the Senate passes their version of HR 3055, a conference committee will have to work out the differences between the two versions of the bill. There is a remote possibility that the DeFazio language could make it into an agreed upon conference version of this bill because it would only affect the approval of a Special Permit, and would not have a direct effect on the rulemaking on the mater.