Chairman Joe Barton (R-TX) of the House Energy and Air Quality Subcommittee has stripped out contentious environmental and air quality provisions of his emergency legislation for California that came under attack from Democrats on the panel and state officials last week (see Daily GPI, May 2).

The amended bill, H.R. 1647, would permit the governor of California to temporarily waive “in whole or in part” any limitations for nitrogen oxide emissions from natural gas-fired generation facilities, but this action would be restricted to “high electricity emergency days” — when rolling blackouts are imminent and Stage III emergencies have been declared. The previous measure proposed giving all state governors the authority to seek NOx emission waivers for an extended period.

The new legislation also deleted a provision that called for the Secretary of Energy to establish electric power transmission corridors across federal lands after conducting a study of the need for transmission expansion and determining that siting of transmission facilities on federal land was necessary.

In response to concerns of California energy officials, the changed bill also would require the Western Area Power Administration System (WAPA) to coordinate with California an expansion of the constrained Path 15 section of the state’s grid. The bill still would appropriate up to $220 million for this effort.

In addition, the revised bill would continue to allow qualifying facility (QF) generators to suspend contract sales to California investor-owned utilities in the event they haven’t been paid in full. However, it only would apply to QF power that is sold after the legislation has been enacted.

The House subcommittee is scheduled to begin mark-up of Barton’s Electricity Emergency Relief Act today.

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