S. 2146Senate110th Congress (2007-2009)Enacted

A bill to authorize the Administrator of the Environmental Protection Agency to accept, as part of a settlement, diesel emission reduction Supplemental Environmental Projects, and for other purposes.

Introduced October 4, 2007

Legislative Activity

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24 earlier actions
Became Law Latest Action

Became Public Law No: 110-255.

June 30, 2008

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SenateIntro Referral

Introduced in Senate

October 4, 2007

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

October 4, 2007

SenateCommittee

Committee on Environment and Public Works. Ordered to be reported without amendment favorably.

February 6, 2008

SenateCommittee

Committee on Environment and Public Works. Reported by Senator Boxer without amendment. With written report No. 110-266.

February 28, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 585.

February 28, 2008

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S1434; text as passed Senate: CR S1434)

February 29, 2008

SenateFloor

Message on Senate action sent to the House.

February 29, 2008

HouseFloor

Received in the House.

March 3, 2008 • 2:05 PM

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

March 3, 2008

HouseFloor

Mr. Boucher moved to suspend the rules and pass the bill, as amended.

June 11, 2008 • 7:01 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5294-5296)

June 11, 2008 • 7:01 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 2146.

June 11, 2008 • 7:01 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

June 11, 2008 • 7:14 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5361-5362)

June 12, 2008 • 2:40 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 0 (Roll no. 413).(text: CR 6/11/2008 H5294)

June 12, 2008 • 2:51 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 406 - 0 (Roll no. 413). (text: CR 6/11/2008 H5294)

June 12, 2008 • 2:51 PM

HouseFloor

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

June 12, 2008 • 2:51 PM

SenateFloor

Message on House action received in Senate and at desk: House amendment to Senate bill.

June 16, 2008

SenateNot Used

Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.(text as Senate agreed to House amendment: CR S5704-5705)

June 17, 2008

SenateResolving Differences

Senate agreed to House amendment by Unanimous Consent. (text as Senate agreed to House amendment: CR S5704-5705)

June 17, 2008

SenateAction

Cleared for White House.

June 17, 2008

SenateFloor

Message on Senate action sent to the House.

June 18, 2008

President

Presented to President.

June 24, 2008

Became Law

Signed by President.

June 30, 2008

Became Law

Became Public Law No: 110-255.

June 30, 2008

Floor Debate

23 members

What members said about S. 2146 on the floor

8 Republicans15 Democrats
Jerry Weller
Rep. Jerry WellerR-IL-11 · Jun 12, 2008

Madam Speaker, I raise a point of order against consideration of this bill. Madam Speaker, I raise a point of order against consideration of this bill because the bill violates clause 10 of rule XXI…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Jun 18, 2008

Mr. President, I am pleased to be here on the Senate floor this morning with my colleague from Ohio, Senator Voinovich. I want to reflect on what Senator Chambliss just spoke about with respect to…

Jim McDermott
Rep. Jim McDermottD-WA-7 · Jun 12, 2008

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 5749. Mr. Speaker, I think this…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent to speak for up to 12 minutes as in morning business. Mr. President, I…

Robert Menendez
Sen. Robert MenendezD-NJ · Jun 18, 2008

Mr. President, I ask unanimous consent the order for the quorum call be rescinded. Mr. President, gas prices this summer could easily be triple what they were when President Bush took office. The…

Show 8 more
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, if you travel into Maryland or Illinois or anywhere across America and ask people what is on…

George V. Voinovich
Sen. George V. VoinovichR-OH · Jun 18, 2008

Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, ordinarily I don't come over and speak in morning business. As so with many Members of the Senate, I could be at…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jun 18, 2008

Mr. President, the people of Maryland and around the Nation are angry and frustrated. Every time they fill the tank of their vehicle with gasoline or look at their utility bills, they get worried. I…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Jun 12, 2008

I thank the gentleman for yielding and for his outstanding leadership on this issue. He has been a relentless and persistent advocate for America's working families, for hard workers in our country…

Ted Stevens
Sen. Ted StevensR-AK · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as Americans travel with families over the Fourth of July and for summer vacations--on cruises,…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Jun 18, 2008

Mr. President, I rise today to speak in favor of legislation that I think will help to address some of the most important challenges facing our Nation's economy today. The Renewable Energy and Job…

Rick Boucher
Rep. Rick BoucherD-VA-9 · Jun 11, 2008

Madam Speaker, I move to suspend the rules and pass the Senate bill (S. 2146) to authorize the Administrator of the Environmental Protection Agency to accept, as part of a settlement, diesel emission…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 12, 2008

Mr. Speaker, I rise today in support of H.R. 5749, Emergency Extended Unemployment Act of 2008, introduced by my distinguished colleague Representative McDermott. This important legislation will…

Show 11 more
Patty Murray
Sen. Patty MurrayD-WA · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that I be allowed to speak as in morning business. Mr. President, 3…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Jun 18, 2008

Mr. President, I ask unanimous consent that I be allowed to speak as in morning business for up to 10 minutes. Mr. President, I rise to discuss once again the rising cost of energy for Georgians and…

Jim Costa
Rep. Jim CostaD-CA-20 · Jun 11, 2008

Congressman Boucher and Congressman Terry, I want to thank you and your staffs for the hard work that you've done with your colleagues. The Energy and Commerce Committee has made a significant…

Sander M. Levin
Rep. Sander M. LevinD-MI-12 · Jun 12, 2008

I think the more we discuss this, the clearer the issue becomes, including the last statement that we heard. There's no disagreement about the need for growth policies. But to say that, and use it as…

John A. Boehner
Rep. John A. BoehnerR-OH-8 · Jun 12, 2008

Let me thank my colleague from Illinois for yielding and make clear once again that Republicans in the House want to pass a responsible extension of unemployment benefits. We realize that there are…

Ron Lewis
Rep. Ron LewisR-KY-2 · Jun 12, 2008

Mr. Speaker, I think the American people, the American workers, they're fed up. They're probably fed up with the fact that we have to be here today debating an extension of unemployment compensation,…

Bob Corker
Sen. Bob CorkerR-TN · Jun 18, 2008

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise today to talk about a bill that is being introduced in this body by Senator Schumer and…

Al Green
Rep. Al GreenD-TX-9 · Jun 12, 2008

Mr. Speaker, democrats in Congress have pushed to extend unemployment benefits since the beginning of the year, as the economy weakened, but have faced continued resistance from the Bush…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Feb 6, 2008

Mr. President, I ask unanimous consent that the committee on armed services be authorized to meet during the session of the Senate on Wednesday, February 6, 2008, at 9:30 a.m. in open session to…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Jun 12, 2008

Madam Speaker, pursuant to House Resolution 1265, I call up the bill (H.R. 5749) to provide for a program of emergency unemployment compensation, and ask for its immediate consideration. Madam…

Mark Udall
Rep. Mark UdallD-CO-2 · Jun 12, 2008

Mr. Speaker, I rise in strong support of this urgently needed legislation. The latest statistics, show that the national unemployment rate has risen from 5 percent to 5.5 percent, the biggest…

Bill Text

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Enrolled BillIssued June 18, 2008

One Hundred Tenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Thursday, the third day of January, two thousand and eight

S. 2146

AN ACT

To authorize the Administrator of the Environmental Protection Agency to accept, as part of a settlement, diesel emission reduction Supplemental Environmental Projects, and for other purposes.

1.

EPA authority to accept diesel emissions reduction Supplemental Environmental Projects

The Administrator of the Environmental Protection Agency (hereinafter, the Agency) may accept (notwithstanding sections 3302 and 1301 of title 31, United States Code) diesel emissions reduction Supplemental Environmental Projects if the projects, as part of a settlement of any alleged violations of environmental law—

(1)

protect human health or the environment;

(2)

are related to the underlying alleged violations;

(3)

do not constitute activities that the defendant would otherwise be legally required to perform; and

(4)

do not provide funds for the staff of the Agency or for contractors to carry out the Agency's internal operations.

2.

Settlement agreement provisions

In any settlement agreement regarding alleged violations of environmental law in which a defendant agrees to perform a diesel emissions reduction Supplemental Environmental Project, the Administrator of the Environmental Protection Agency shall require the defendant to include in the settlement documents a certification under penalty of law that the defendant would have agreed to perform a comparably valued, alternative project other than a diesel emissions reduction Supplemental Environmental Project if the Administrator were precluded by law from accepting a diesel emission reduction Supplemental Environmental Project. A failure by the Administrator to include this language in such a settlement agreement shall not create a cause of action against the United States under the Clean Air Act or any other law or create a basis for overturning a settlement agreement entered into by the United States.

3.

Inclusion of the District of Columbia in certain State and local grant programs for diesel emission reductions

(a)

In General

Section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131) is amended by adding at the end thereof the following:

(9)

Definition of State

The term State includes the District of Columbia.

.

(b)

Conforming Amendments

(1)

Section 793(d)(2) of such Act (42 U.S.C. 16133(d)(2)) is amended by striking Governor and inserting chief executive.

(2)

Subparagraphs (A) and (B) of section 793(c)(2) of such Act are each amended by striking 50 and inserting 51 and by striking 2 percent and inserting 1.96 percent in each place such terms appear.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate