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116TH CONGRESS
2D SESSION
H. R. 8312
To amend the Clean Air Act to prohibit the emission of any greenhouse
gas in any quantity from any new electric utility steam generating
unit, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 17, 2020
Ms. SCHAKOWSKY (for herself, Ms. BARRAGA´N, Mr. GARCI´A of Illinois, Mr.
ESPAILLAT, Mr. LOWENTHAL, and Mr. HASTINGS) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Natural Resources, and
Foreign Affairs, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To amend the Clean Air Act to prohibit the emission of
any greenhouse gas in any quantity from any new elec-
tric utility steam generating unit, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Future Generations
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Protection Act’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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•HR 8312 IH
(1) The use of fossil fuels exacerbates the cli-
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mate crisis, threatens America’s natural resources,
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and disproportionately damages frontline environ-
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mental justice communities.
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(2) In order to avoid the worst consequences of
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climate change, the Federal Government should
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transition away from fossil fuels to renewable energy
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sources.
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(3) In achieving its energy goals, it is the re-
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sponsibility of the Federal Government to ensure a
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fair and just transition for workers and frontline
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communities.
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(4) The Federal Government should do this by
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prioritizing racial and gender equity, environmental
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justice, and partnering with labor unions to ensure
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that workers have training for and access to clean-
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energy jobs.
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SEC. 3. EMISSIONS OF GREENHOUSE GASSES.
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(a) PROHIBITION
AGAINST
THE
EMISSION
OF
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GREENHOUSE GASES FROM NEW ELECTRIC UTILITY
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STEAM GENERATING UNITS.—The Clean Air Act is
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amended by inserting after section 111 of such Act (42
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U.S.C. 7411) the following new section:
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‘‘SEC. 111A. PROHIBITION AGAINST THE EMISSION OF
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GREENHOUSE GASES FROM ELECTRIC UTIL-
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ITY STEAM GENERATING UNITS.
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‘‘(a) PROHIBITION.—Beginning on the date of enact-
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ment of this section, the emission of a greenhouse gas in
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any quantity from a new electric utility steam generating
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unit shall be treated as a violation of a standard or limita-
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tion under section 111.
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‘‘(b) DEFINITIONS.—In this section:
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‘‘(1) The term ‘electric utility steam generating
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unit’ has the meaning given to that term in section
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112(a).
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‘‘(2) The term ‘greenhouse gas’ means—
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‘‘(A) carbon dioxide;
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‘‘(B) methane;
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‘‘(C) nitrous oxide;
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‘‘(D) hydrofluorocarbons;
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‘‘(E) perfluorocarbons;
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‘‘(F) sulfur hexafluoride; or
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‘‘(G) any other anthropogenically emitted
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gas that is determined by the Administrator, by
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regulation, to contribute to global warming to a
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non-negligible degree.
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‘‘(3) The term ‘new electric utility steam gener-
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ating unit’ means an electric utility steam gener-
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ating unit that commences operations or otherwise
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becomes a new source (as defined in section 111(a))
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on or after the date of enactment of this section.’’.
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(b) PROHIBITION.—
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(1) PROHIBITION.—Notwithstanding any other
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provision of law, the Federal Energy Regulatory
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Commission may not—
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(A) approve an application for the siting,
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construction, expansion, or operation of an
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LNG terminal under section 3(e) of the Natural
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Gas Act (15 U.S.C. 717b); or
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(B) issue a certificate of public convenience
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and necessity under section 7 of such Act (15
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U.S.C. 717f).
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(2) EXCEPTION.—
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(A) IN GENERAL.—Paragraph (1) shall not
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apply with respect to an application or certifi-
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cate that, if approved or issued, will result in a
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reduction in emissions of any greenhouse gas at
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the LNG terminal, as determined by the Com-
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mission.
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(B) DEFINITION.—In this section, the
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term ‘‘greenhouse gas’’ means—
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(i) carbon dioxide;
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(ii) methane;
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(iii) nitrous oxide;
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(iv) hydrofluorocarbons;
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(v) perfluorocarbons;
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(vi) sulfur hexafluoride; or
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(vii) any other anthropogenically emit-
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ted gas that is determined by the Adminis-
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trator of the Environmental Protection
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Agency, by regulation, to contribute to
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global warming to a non-negligible degree.
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SEC. 4. PROHIBITING HYDRAULIC FRACTURING.
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(a) PROHIBITION.—Hydraulic fracturing is prohib-
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ited on all onshore and offshore land within the jurisdic-
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tion of the United States.
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(b) DEFINITION.—In this section, the term ‘‘hydrau-
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lic fracturing’’ means an operation conducted in an indi-
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vidual wellbore designed to increase the flow of hydro-
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carbons from a rock formation to the wellbore through
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modifying the permeability of reservoir rock by fracturing
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it, except that such term does not include enhanced sec-
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ondary recovery, including water flooding, tertiary recov-
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ery, and other types of well stimulation operations.
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(c) EFFECTIVE DATE.—This section shall take effect
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on January 1, 2025.
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SEC. 5. BAN ON CRUDE OIL AND NATURAL GAS EXPORTS.
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(a) IN GENERAL.—Section 101 of title I of division
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O of the Consolidated Appropriations Act, 2016 (42
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U.S.C. 6212a) is amended to read as follows:
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‘‘SEC. 101. PROHIBITION ON EXPORTS OF CRUDE OIL AND
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NATURAL GAS.
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‘‘Except as provided in this section, notwithstanding
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any other provision of this Act, exports of domestically
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produced crude oil and natural gas, including liquefied
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natural gas and natural gas liquids, are prohibited. The
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Secretary of Commerce may, with the approval of the
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President, approve the export of crude oil for—
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‘‘(1) exchanges in similar quantity for conven-
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ience or increased efficiency of transportation with
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persons or the government of a foreign state;
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‘‘(2) temporary exports for convenience or in-
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creased efficiency of transportation across parts of
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an adjacent foreign state which exports reenter the
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United States; and
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‘‘(3) the historical trading relations of the
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United States with Canada and Mexico.’’.
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(b) REPEAL RELATING TO EXPORTATION OF NAT-
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URAL GAS.—Section 3 of the Natural Gas Act (15 U.S.C.
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717b) is amended—
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(1) in subsection (a)—
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(A) by striking ‘‘export any natural gas
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from the United States to a foreign country
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or’’; and
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(B) by striking ‘‘exportation or’’; and
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(2) by striking subsection (c).
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Æ
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