Climate Emergency Act of 2021

II 117TH CONGRESS 1ST SESSION S. 938 To require the President to declare a national emergency relating to climate change under the National Emergencies Act, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 23, 2021 Mr. SANDERS introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the President to declare a national emergency relating to climate change under the National Emer- gencies Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Climate 4 Emergency Act of 2021’’ or the ‘‘Climate Emergency Act 5 of 2021’’. 6 SEC. 2. FINDINGS. 7 Congress finds that— 8 (1) 2010 to 2019 was the hottest decade on 9 record; 10 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 938 IS (2) global atmospheric concentrations of the 1 primary global warming pollutant, carbon dioxide— 2 (A) have increased by 40 percent since 3 preindustrial times, from 280 parts per million 4 to 415 parts per million, primarily due to 5 human activities, including burning fossil fuels 6 and deforestation; 7 (B) are rising at a rate of 2 to 3 parts per 8 million annually; and 9 (C) must be reduced to not more than 350 10 parts per million, and likely lower, ‘‘if humanity 11 wishes to preserve a planet similar to that on 12 which civilization developed and to which life on 13 Earth is adapted,’’ according to former Na- 14 tional Aeronautics and Space Administration 15 climatologist, Dr. James Hansen; 16 (3) global atmospheric concentrations of other 17 greenhouse gases, including methane, nitrous oxide, 18 and hydrofluorocarbons, have also increased sub- 19 stantially since preindustrial times, primarily due to 20 human activities, including burning fossil fuels; 21 (4) climate science and observations of climate 22 change impacts, including ocean warming and acidi- 23 fication, floods, droughts, wildfires, and extreme 24 weather, demonstrate that a global rise in tempera- 25 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 938 IS tures of 1.5 degrees Celsius above preindustrial lev- 1 els is already having dangerous impacts on human 2 populations and the environment; 3 (5) the 2018 National Climate Assessment 4 found that climate change due to global warming 5 has caused, and is expected to cause additional, sub- 6 stantial interference with and growing losses to 7 human health and safety, infrastructure, property, 8 industry, recreation, natural resources, agricultural 9 systems, and quality of life in the United States; 10 (6) the National Oceanic and Atmospheric Ad- 11 ministration has determined that climate change is 12 already increasing the frequency of extreme weather 13 and other climate-related disasters, including 14 drought, wildfire, and storms that include precipita- 15 tion; 16 (7) climate-related natural disasters have in- 17 creased exponentially over the past decade, costing 18 the United States more than double the long-term 19 average during the period of 2014 through 2018, 20 with total costs of natural disasters during that pe- 21 riod of approximately $100,000,000,000 per year; 22 (8) the Centers for Disease Control and Preven- 23 tion have found wide-ranging, acute, and fatal public 24 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 938 IS health consequences from climate change that im- 1 pact communities across the United States; 2 (9) the National Climate and Health Assess- 3 ment of the United States Global Change Research 4 Program identified climate change as a significant 5 threat to the health of the people of the United 6 States, leading to increased— 7 (A) temperature-related deaths and ill- 8 nesses; 9 (B) air quality impacts; 10 (C) extreme weather events; 11 (D) numbers of vector-borne diseases; 12 (E) waterborne illnesses; 13 (F) food safety, nutrition, and distribution 14 complications; and 15 (G) mental health and well-being concerns; 16 (10) the consequences of climate change already 17 disproportionately impact frontline communities and 18 endanger populations made especially vulnerable by 19 existing exposure to extreme weather events, includ- 20 ing children, the elderly, and individuals with pre-ex- 21 isting disabilities and health conditions; 22 (11) individuals and families on the frontlines 23 of climate change across the United States, includ- 24 ing territories, living with income inequality and pov- 25 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 938 IS erty, institutional racism, inequity on the basis of 1 gender and sexual orientation, poor infrastructure, 2 and lack of access to health care, housing, clean 3 water, and food security are often in close proximity 4 to environmental stressors or sources of pollution, 5 particularly communities of color, indigenous com- 6 munities, and low-income communities, which— 7 (A) are often the first exposed to the im- 8 pacts of climate change; 9 (B) experience outsized risk because of the 10 close proximity of the community to environ- 11 mental hazards and stressors, in addition to 12 collocation with waste and other sources of pol- 13 lution; and 14 (C) have the fewest resources to mitigate 15 those impacts or to relocate, which will exacer- 16 bate preexisting challenges; 17 (12) according to Dr. Robert Bullard and Dr. 18 Beverly Wright, ‘‘environmental and public health 19 threats from natural and human-made disasters are 20 not randomly distributed, affecting some commu- 21 nities more than others’’, therefore a response to the 22 climate emergency necessitates the adoption of just 23 community transition policies and processes available 24 to all communities, which include policies and proc- 25 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 938 IS esses rooted in principles, as described in the 17 1 Principles of Environmental Justice written and 2 adopted at the First National People of Color Envi- 3 ronmental Leadership Summit held on October 24 4 through 27, 1991, in Washington, DC, of racial and 5 socio-economic equity, self-determination, and de- 6 mocracy, as well as the fundamental human right of 7 all people to clean air and water, healthy food, 8 health care, adequate land, education, and shelter; 9 (13) climate change holds grave and immediate 10 consequences not just for the population of the 11 United States, including territories, but for commu- 12 nities across the world, particularly those commu- 13 nities in the Global South on the frontlines of the 14 climate crisis, which are at risk of forced displace- 15 ment; 16 (14) communities in rural, urban, and suburban 17 areas are all dramatically affected by climate 18 change, though the specific economic, health, social, 19 and environmental impacts may be different; 20 (15) the United States Department of State, 21 Department of Defense, and intelligence community 22 have identified climate change as a threat to na- 23 tional security, and the Department of Homeland 24 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 938 IS Security views climate change as a top homeland se- 1 curity risk; 2 (16) climate change is a threat multiplier with 3 the potential— 4 (A) to exacerbate many of the challenges 5 the United States already confronts, including 6 conflicts over scarce resources, conditions con- 7 ducive to violent extremism, and the spread of 8 infectious diseases; and 9 (B) to produce new, unforeseeable chal- 10 lenges in the future; 11 (17) in 2018, the United Nations Intergovern- 12 mental Panel on Climate Change projected that the 13 Earth could warm 1.5 degrees Celsius above 14 preindustrial levels as early as 2030; 15 (18) the climatic changes resulting from global 16 warming above 1.5 degrees Celsius above 17 preindustrial levels, including changes resulting from 18 global warming of more than 2 degrees Celsius 19 above preindustrial levels, are projected to result in 20 irreversible, catastrophic changes to public health, 21 livelihoods, quality of life, food security, water sup- 22 plies, human security, and economic growth; 23 (19) in 2019, the United Nations Intergovern- 24 mental Science-Policy Platform on Biodiversity and 25 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 938 IS Ecosystem Services found that human-induced cli- 1 mate change is pushing the planet toward the sixth 2 mass species extinction, which threatens the food se- 3 curity, water supply, and well-being of billions of 4 people; 5 (20) according to climate scientists, limiting 6 warming to no more than 1.5 degrees Celsius above 7 preindustrial levels, and likely lower, is most likely 8 to avoid irreversible and catastrophic climate change; 9 (21) even with global warming up to 1.5 de- 10 grees Celsius above preindustrial levels, the planet is 11 projected to experience— 12 (A) a significant rise in sea levels; 13 (B) extraordinary loss of biodiversity; and 14 (C) intensifying droughts, floods, wildfires, 15 and other extreme weather events; 16 (22) according to climate scientists, addressing 17 the climate emergency will require an economically 18 just phase-out of the use of oil, gas, and coal in 19 order to keep carbon, which is the primary con- 20 stituent of fossil fuels, in the ground and out of the 21 atmosphere; 22 (23) the United Nations Intergovernmental 23 Panel on Climate Change has determined that lim- 24 iting warming through emissions reduction and car- 25 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 938 IS bon sequestration will require rapid, and immediate, 1 acceleration and proliferation of ‘‘far-reaching, 2 multilevel, and cross-sectoral climate mitigation’’ 3 and ‘‘transitions in energy, land, urban and rural in- 4 frastructure (including transport and buildings), and 5 industrial systems’’; 6 (24) in the United States, massive, comprehen- 7 sive, and urgent governmental action is required im- 8 mediately to achieve the transitions of those systems 9 in response to the severe existing and projected eco- 10 nomic, social, public health, and national security 11 threats posed by the climate crisis; 12 (25) the massive scope and scale of action nec- 13 essary to stabilize the climate will require unprece- 14 dented levels of public awareness, engagement, and 15 deliberation to develop and implement effective, just, 16 and equitable policies to address the climate crisis; 17 (26) the Constitution of the United States pro- 18 tects the fundamental right to life, liberty, property, 19 and equal protection of the laws; 20 (27) a climate system capable of sustaining 21 human life is fundamental to a free and ordered so- 22 ciety, and is preservative of fundamental rights, in- 23 cluding the right to life, liberty, property, personal 24 security, family autonomy, bodily integrity, and the 25 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 938 IS ability to learn, practice, and transmit cultural and 1 religious traditions; 2 (28) the United States has a proud history of 3 collaborative, constructive, massive-scale Federal 4 mobilizations of resources and labor in order to solve 5 great challenges, including the Interstate Highway 6 System, the Apollo 11 Moon landing, Reconstruc- 7 tion, the New Deal, and World War II; 8 (29) the United States stands uniquely poised 9 to substantially grow the economy and attain social 10 and health benefits from a massive mobilization of 11 resources and labor that far outweigh the costs of 12 inaction; 13 (30) millions of middle class jobs can be created 14 by raising labor standards through project labor 15 agreements and protecting and expanding the right 16 of workers to organize so that workers in the United 17 States and the communities of those workers are 18 guaranteed a strong, viable economic future in a 19 zero-emissions economy that guarantees good jobs at 20 fair union wages with quality benefits; 21 (31) frontline communities, Tribal governments 22 and communities, people of color, and labor unions 23 must be equitably and actively engaged in the cli- 24 mate mobilization, in a way that aligns with the 25 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 938 IS Jemez Principles for Democratic Organizing written 1 and adopted at the Working Group Meeting for 2 Globalization and Trade held on December 6 3 through 8, 1996, in Jemez, Mexico, and prioritized 4 through local climate mitigation and adaptation 5 planning, policy, and program delivery so that work- 6 ers in the United States, the communities of those 7 workers, are guaranteed a strong, viable economic 8 future; 9 (32) a number of local jurisdictions and govern- 10 ments in the United States, including New York 11 City and Los Angeles, and across the world, includ- 12 ing the United Kingdom, the Republic of Ireland, 13 Portugal, and Canada, have already declared a cli- 14 mate emergency, and a number of State and local 15 governments are considering declaring a climate 16 emergency; 17 (33) State, local, and Tribal governments must 18 be supported in efforts to hold to account those ac- 19 tors whose activities have deepened and accelerated 20 the climate crisis and who have benefitted from de- 21 layed action to address the climate change emer- 22 gency and to develop a fossil fuel-free economy; 23 (34) a collaborative response to the climate cri- 24 sis will require the Federal Government to work with 25 VerDate Sep 11 2014 04:42 Apr 14, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S938.IS S938 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 938 IS international, State, and local governments, includ- 1 ing with those governments that have declared a cli- 2 mate emergency, to reverse [Text truncated for display. 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